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San Diego, Calif. (October 20, 2025) - Courts and lawmakers in California and across the country are continuing to grapple with the ongoing problem of incivility among lawyers. Nearly every week a new story is publicized in which an attorney is sanctioned or rebuked for sharp rhetoric in filings or combative behavior in the courtroom. The erosion of courtesy threatens not only collegiality but also the fair administration of justice.
On July 20, 2023, the State Bar of California Board of Trustees made an effort to restore respect and decorum within the practice of law within the Golden State. It approved and sent proposed measures to improve the civility of attorneys in California to the California Supreme Court for review and approval. The proposed measures included: (1) changes to California Rule of Court 9.7 that would require attorneys to reaffirm their oath of civility annually; and, (2) amendments to the Rules of Professional Conduct that would add acts of incivility as a basis for disciplinary measures against attorneys.
The proposed measures originated from a report of the California Civility Task Force, which consists of approximately 40 judges and lawyers. The report was aimed at addressing a perceived incivility among legal professionals in an era "marked by coarseness and political division." The task force points to a myriad of cases in which the courts note observations of aggressive, disrespectful and unprofessional acts by lawyers. In its report, the task force notes that such conduct by lawyers prolong civil litigation, derail transactions, increases the pressure in an already stressful profession, and erodes the public's perception of the legal profession. The report emphasizes the need for civility as it goes hand-in-hand with the zealous representation required of legal professionals.
On September 25, 2025, the California Supreme Court denied the proposed amendments to the California Rules of Professional Conduct adding incivility as a basis for discipline. The Supreme Court noted concerns under the First Amendment due to the vagueness of the definition of prohibited incivility. However, the amendment to the California Rules of Court survives and attorneys will be obligated to reaffirm the oath of civility annually.
Though the Rules of Professional Conduct were not changed, the effort alone will hopefully continue to shed light on what remains a problem and the annual affirmation will hopefully remind lawyers of the importance of treating colleagues and clients with respect and dignity.
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