Incivility in Lawyers’ Writing: Judicial Handling of Rambo Run Amok

31 Pages Posted: 25 Apr 2011 Last revised: 22 Sep 2011

See all articles by Judith D. Fischer

Judith D. Fischer

University of Louisville - Louis D. Brandeis School of Law

Date Written: April 25, 2011

Abstract

This article discusses the perceived civility crisis in the legal profession and examines a prominent suggestion for addressing it: that courts should take an active role in promoting civility. To raise awareness of the problem and the courts’ role in dealing with it, the article discusses judicial handling of incivility in lawyers’ writing. Among the cases discussed are one where a lawyer called bar attorneys “vultures” who “should rot in hell;” another where a lawyer wrote that a board’s statements were like “the grunts and groans of apes”; and another where a lawyer wrote that a child was “akin to broccoli.” These cases engage readers’ attention while raising awareness about incivility and the role of the courts in handling it.

Keywords: Civility, Legal Writing, Legal Profession, Rambo Litigation, Lawyers, Attorneys, Sanctions

Suggested Citation

Fischer, Judith D., Incivility in Lawyers’ Writing: Judicial Handling of Rambo Run Amok (April 25, 2011). Washburn Law Journal, Vol. 51, p. 365, 2011, University of Louisville School of Law Legal Studies Research Paper Series No. 2011-10, Available at SSRN: https://ssrn.com/abstract=1822515

Judith D. Fischer (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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