Civility in Litigation: How Can the Profession Promote and Enforce Good Behavior?

Indiana Civil Litigation Law Review, Vol. 1, p. 77, 2004

Indiana Legal Studies Research Paper No. 151

22 Pages Posted: 12 Feb 2010 Last revised: 9 Jul 2013

See all articles by Aviva Orenstein

Aviva Orenstein

Indiana University Maurer School of Law

Torrence Lewis

Indiana University Maurer School of Law

Date Written: 2004

Abstract

This essay emanates from a talk that was given to the Defense Trial Counsel of Indiana at its annual meeting’s luncheon. The good thing about talking about civility, particularly at lunch, is that no one dare heckle or throw food. Beyond the obvious constraints against rude behavior inherent in the medium, we sense a genuine openness to the topic. Defense counsel, in particular, feel besieged by what they perceive to be uncivil behavior, and welcome affirmation about the nature of the problem and some suggestions for solutions. More generally, one can argue that the lack of civility in legal culture signals a crisis for the profession as a whole - a crisis that has the potential to undermine our goals and values.

Keywords: civility, discovery

Suggested Citation

Orenstein, Aviva and Lewis, Torrence, Civility in Litigation: How Can the Profession Promote and Enforce Good Behavior? (2004). Indiana Civil Litigation Law Review, Vol. 1, p. 77, 2004, Indiana Legal Studies Research Paper No. 151, Available at SSRN: https://ssrn.com/abstract=1551403

Aviva Orenstein (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-8736 (Phone)

Torrence Lewis

Indiana University Maurer School of Law

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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