Revised admission oath now emphasizes civility.

In an adversarial system, lawyers don't always play nice. Attorneys don't always address their arguments to the court, sniping at each other instead. Polite communication devolves into snarky emails. Tempers flare at depositions. Good manners, professionalism, and civility sometimes get lost in the fray of winning a case.

So, on September 12, the Florida Supreme Court added this new language to the Oath of Admission to The Florida Bar, sworn to by every new lawyer, effective immediately:

"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications."

"It's something beginning, opinion, said Robert A. Cole, of Jacksonville, immediate past president of FLABOTA, the state chapter of the American Board of Trial Advocates that has been working on this issue for years, along with The Florida Bar and law schools.

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"We should all treat each other with professionalism and civility. It should be understood. But I think it's just reacting to the lack of civility that is going on in our society as a whole--not just the legal profession. I think it was the right thing to do by the Supreme Court."

Acting on its own in a unanimous decision in Case No. SC11-1702, the court noted two trends: Growing concerns in recent years about incivility among attorneys, and that ABOTA, among others, have taken steps to raise the level of awareness about the importance of civility in practicing law.

For several years, Cole said, the national ABOTA has presented an educational program called "Civility Matters," to bar association groups and law schools. One of the core missions of ABOTA, made up equally of civil defense and plaintiffs' trial counsel, with nearly 7,000 members in all 50 states, is the promotion of professionalism and civility. A committee in the national organization has encouraged states to amend their oaths of admission to require civility in all dealings.

The Florida Supreme Court specifically noted that ABOTA's Code of Professionalism includes a pledge to be "respectful in my conduct toward my adversaries."

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South Carolina added a civility pledge to its oath of admission in 2003. Other states, including Utah and New Mexico, have taken similar actions.

Kenneth Marvin, staff counsel of the Bar's Lawyer Regulation Department, CALLAHAN noted there is already an existing rule--Rule 4-8.4 Misconduct--that could be used to...