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5 Prof. Law. 1 (1993-1994)

handle is hein.journals/proflw5 and id is 1 raw text is: Promoting Courtesy: A Key to Improving the Justice System D. Lake Rumsey udge Jerome Frank of New York, in his 1950 book Courts on Trial, discussed a basic cause of the justice system's inefficiencies. He said lawsuits were being tried between ill-tem- pered lawyers who sought to win cases on the preponderance of the perjury.I He also described the pervasive atmosphere of incivility in American courtrooms.? disconcerted pick-pocket.5 Later on, the judge entered a judgment against Mr. Pickwick because there was no evidence against him (i.e., the lack of evidence showed how deceitful Mr. Pickwick was; he must have hidden the evidence). Mr. Pickwick has many modem day counterparts who don't understand why dishonesty has been raised to an art form in some courtrooms, especially Jude Mrvi Asen f~linos pbliheda 192 during discovery. This problem will have to be Judge Marvin Aspen of Illinois published a 1992 drn icvr.Ti rbe ilhv ob article in the American Bar . ---- - acknowledged and solved, because Association's Litigation Journal __litigants cannot be expected to con- which discussed the lack of civility tinue getting pummeled by legal- among lawyers. According to the If we desire respect for ized injustice without-reacting. article, many lawyers believe the law we must make the Management studies show that judges can encourage civility by law respectable. businesses which stress courtesy setting a civil example themselves, and respect for the individual are which means being less abrasive more efficient and therefore more and short tempered. Distinguished _ profitable.6 The best example of -rfta . Th eteapeo judges and lawyers have reached the same conclu- sion. In fact, there is case law which holds that judicial calm is one of the necessary ingredients of a fair trial.3 Charles Dickens so captured the essence of this problem in the Pickwick Papers (published in 1837) that Lord Campbell said he would rather have writ- ten Pickwick than become the Chief Justice of England (which he did do).4 In one scene, a petulant judge and a churl- ish lawyer quickly transformed a witness from a retired gentleman into someone with the look of a D.iLake Rumsey is a parnerntheAtlanta, Georgia law firm of Johnson&Ward. this principle is Sam Walton; he built the largest for- tune in America over a short period of time by insti- tutionalizing courtesy towards his customers and respect for his employees. The importance of treating individuals with respect has also been emphasized in the context of successful programs in the highly competitive arena of college athletics. Notre Dame coach Lou Holtz, in addressing his football team at the beginning of the 1988 National Championship season, stated: We are not going to make a negative comment about anybody on this team ... We cannot be Continued on Page 4 NOVEMBER 1993 Volume 5 Issue Number 1