Civil Debate

Judges, lawyers and others in the profession have been troubled for at least the past decade over the decline in lawyers’ civil behavior.  Judges were among the first to observe this phenomenon.  Lawyers appearing before them were becoming more rude to both the judges and opposing counsel.  Lawyers reported similarly disrespectful behavior in professional interactions with opposing counsel. Commentators speculate as to causes of this behavior.  In their book, The Good Lawyer, Seeking Quality in the Practice of Law, authors Linder and Levitt report the opinion that the more impersonal the practice becomes, the less civil lawyer behavior can be.  When electronic communication replaces in person discussion, there are fewer consequences to offensive behavior.  Relative anonynimity can lead to a decrease in civil boundaries.  Without the consequences of confrontation or professional and social ostracism that can result when lawyers behave badly in a small community, there is less incentive for the so inclined to incorporate respectful boundaries into their daily discourse.

So it was with interest that I followed the debate that resulted from the Ford Foundation’s publication of responses to its posed question   “When Markets Lead, Will Justice Follow?”  On October 8th, Cathy Albisa, executive director of the National Economic and Social Rights Initiative (NESRI) wrote a response posted on this blog.   The response, in the words of one commentator, “is not an attempt to target or bash Ford Foundation. Instead, it is a carefully calibrated response to the foundation’s position.”   In an age when civility can be set aside during debate, Ms. Albisa’s response is a reminder that those who disagree on important social and humanitarian issues can do so through civil debate.