OCBA UPDATE: Are we still worthy?

By Jennifer Grieco On March 25, 2011, the OCBA hosted our bi-annual Circuit/Probate Court Bench/Bar Conference. This year's highly relevant forum was entitled, "Privacy & the Law in a Facebooking, Tweeting, Googling, Texting, Sexting World" and it delved into issues that are just starting to impact litigation as a result of the virtual world in which we (and our clients) now socialize and conduct business. The presentations and discussions were insightful and thought-provoking, to which the co-chairs--the Honorable Lisa Gorcyca, the Honorable Elizabeth Pezzetti and Director Michael K. Lee--as well as the team captains1 are to be commended. Importantly, there was an infectious mood of camaraderie and collegiality amongst those who practice on both sides of the "v" in diverse areas of the law. I, like many attendees, left the conference with a great sense of pride as a lawyer and member of the OCBA community. If only we could bottle up this sentiment and save it for "those other days." We have all had "those other days" in which there does not appear to be much honor in the practice of law; where civility, professionalism and honesty feel like the exception and not the rule. Certainly, the past few years have been increasingly difficult for lawyers in Michigan not only because of this economy, but also as we experience the ripple effects of tort reform. We have witnessed challenges to the confidence in and credibility of jurisprudence. Couple this with an ever-increasing number of practitioners who intended to retire but because of the economic downturn can no longer afford to do so and the result is more and more lawyers who are unsatisfied with the practice of law. Have unhappy and unsatisfied lawyers lost the ability to be civil and courteous with opposing counsel? Or perhaps the growing lack of professionalism can be attributed to increased competition--higher numbers of lawyers vying for fewer clients and cases resulting in a disconnect with our role as advocates and as counselors. Perhaps we have lost the ability to tell our clients "no" to a tenuous litigation strategy, because we are afraid they will go elsewhere. Or worse, has the "practice of law" become the "business of law" such that our personal financial goals trump professionalism? Regardless of the reasons, the lack of courtesy and honesty continues to plunge our profession into a downward spiral. We know all too well that the general public does not hold us in high regard. Despite all of the valuable services that lawyers provide on behalf of our clients and the community, our negative stereotype is reinforced when we stop acting like professionals. Unfortunately, there is usually someone present to witness lawyers behaving badly in court, depositions, meetings or closings, and such conduct not only reflects poorly on the individual but on our noble profession. The importance of local bar associations such as ours for maintaining a level of professionalism and civility, a sense of community among practitioners and, therefore, improving the overall quality and satisfaction in the practice of law cannot be understated.2 The Bench/Bar Conference is just one example. The OCBA calendar is filled with programming to accommodate our members' diverse interests and schedules, and provide opportunities to work together and be reminded of that sense of pride and satisfaction that comes from being a member of the bar. In addition to promoting civility, one of the goals of the OCBA is to promote a positive image for the profession and the justice system and to respond, where appropriate, to unfair criticism. However, in order for society to hold us in high regard, we have to respect our own profession by practicing law with civility and integrity. Civility is not simply pro forma politeness or adherence to rules.3 Civility is grounded in respect. We must recommit ourselves to treating each other, and the rule of law, with respect, if only for the benefit that is bestowed upon all of us when the community at large views us in a more favorable light and values our contributions to society. On May 1, the United States celebrated Law Day, a day set aside every year since 1958 to reflect on the role of the law in the foundation of our country and to recognize its importance for society.4 Although Law Day may not be "celebrated" or even recognized outside of the legal community or a few select classrooms, it is a privilege to be a member of a profession that was viewed at one time to be so vital to this country that the rule of law was granted a national day of reflection. In honor of Law Day, let us be worthy of this recognition and go forward with civility and respect for our fellow members of the bar as well as for the integrity of our profession. ------------ Footnotes 1A special thank you to our dedicated and hardworking team captains this year: Civil: The Honorable Shalina D. Kumar, David C. Anderson and Karen H. Safran; Criminal: The Honorable Rudy J. Nichols, Ray A. Correll and Lisa J. Hamameh; Family: The Honorable Joan E. Young, Anne Cole Pierce and Veronica R. Leonard; Probate: The Honorable Elizabeth M. Pezzetti, Rachel H. Tucker and Elizabeth Luckenbach Brown. 2The loss of civility and integrity leads to additional stress and there is plenty of research regarding the dangers of stress on our long-term health and welfare. Chronic stress can lead to heart disease and stroke because it increases the heart rate and constricts the arteries. It also leads to ulcers, lowers metabolism resulting in weight gain, depression, sleep disorders, poor concentration and memory loss. "Stress," www.medicinenet.com/stress; "How Does Stress Affect Health," www.stresscenter.com/mwc/stress-symptoms/how-does-stress-affect-health.html. 3Dr. Anu Rao, "Civility and Respect: A Behavioral Spectrum," http://www.mdanderson.org/about-us/for-employees/employee-resources/ombuds-office/images-and-files/ombuds-civility-respect.pdf; see also Michael Gerson, "Respect prime reason for civility," Washington Post (Jan. 22, 2011). 4President Eisenhower proclaimed May 1 to be Law Day, U.S.A. in 1958 and it was later codified into Public Law 87-20 on April 7, 1961. 36 U.S.C. § 113 states, in part: "Law Day, U.S.A., is a special day of celebration by the people of the United States (1) in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and (2) for the cultivation of the respect for law that is so vital to the democratic way of life." ------------ Jennifer A. Grieco, a partner with Neuman Anderson PC, is the 78th president of the Oakland County Bar Association. Published: Wed, May 25, 2011