Incivility Is Not Dead: Lessons on What Not to Do

Introduction

We've all heard our fair share of jokes at the expense of lawyers (see, e.g., Q: What do lawyers do after they die? A: Lie still.), and likely chuckle along. Another favorite joke is the lead-in for this month's topic: Q: Why don't sharks attack lawyers? A: Professional courtesy. Like many jokes, there is some truth to the jesting: "Sharks are opportunistic feeders," and so are some lawyers. And the opportunistic feeding by lawyers includes abusive conduct at depositions. While most of us recall a time where lawyers were less than civil to their adversaries, a recent case suggests we may not have evolved as much as we thought.