C. Strategies for Managing Incivility

The following are issues that the mentor and mentee might consider discussing regarding strategies to manage incivility.

  1. Share with the new lawyer an example of how you handled an uncivil lawyer and how the difficult relationship affected the representation.
  2. Identify characteristics of uncivil lawyers of which the new lawyer should be aware.
  3. Provide suggestions of the best and most professional ways to address areas where incivility commonly occurs: depositions, interrogatories and document requests, scheduling, continuances and extensions of time.
  4. Discuss how to handle disrespect, bad faith, accusations, name-calling, and claims that are baseless.
  5. Discuss the value of alternative dispute resolution processes. How might ADR processes reduce the likelihood of incivility? How might training in ADR methods help a lawyer better avoid incivility?

Resources: 

Russell Carparelli, How to Manage Conflict and Increase Civility:  The Skills Not Taught, 42 Colo. Law. 63 (Oct. 2013).

Colorado Attorney Mentoring Program (CAMP) Mentoring Resource Center can be found on the CAMP website, http://mentoringcolorado.org/mentoring-resources/mentoring-literature.

Colorado Bar Association Professionalism Coordinating Councils at the CBA Website, http://www.cobar.org/index.cfm/ID/20094/CCRL/Professionalism-Coordinating-Council/.

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