However, They Are Only Guidelines And Not An Independent Basis For Sanctions, Discipline, Or More Litigation—But They Are Salutary In Nature And Should Be Followed.
Tut Jackson (left) and Jack Johnson shaking hands prior to their bout for the World’s Heavyweight Championship, W.E. Palmer, photographer, 1922. Library of Congress.
Co-contributor Marc was given a “heads up” that the Orange County Bar Association Civility Guidelines will be made a part of the O.C. Superior Court Local Rules (approved December 21, 2016), although they are guidelines and not intended as an independent basis for sanctions, discipline, or more litigation. Here is a synopsis of the guidelines:
1. Counsel shall show civility to other counsel and self-represented litigants—communicate professionally; respond to communications within a reasonable time; provide redlines/note significant changes when exchanging drafts; avoid personal attacks, demeaning comments, and misleading characterization of positions; act civilly toward opposing counsel’s staff members; extend professional courtesies, such as extensions which do not prejudice a client/violate court orders, and honor commitments; advise clients about the need for civility.
2. Counsel shall show civility during discovery—work together to make discovery self-executing; meet and confer in good faith to resolve disputes without the necessity for court intervention; provide written discovery in electronic format and agree on search terms for e-discovery; respond forthrightly and timely to non-objectionable requests; schedule depositions reasonably, accommodating the schedules of other parties, counsel, and witnesses; delay or cancel depositions only with good cause and sufficient advance notice; behave professionally at depositions, avoiding abusive/rude behavior and avoiding extension of a deposition for another day when at all practicable.
3. Counsel shall show civility to the courts—respect the court’s time by narrowing issues or avoiding unnecessary/losing issues; have witnesses available on time, consider on-call agreements; notify the court expeditiously when a matter informally resolves; avoid personal attacks, disrespectful familiarity, the appearance of impropriety, and improper ex parte communications; be punctual and prepared for every appearance; let others speak without interruption; do not blame subordinates for handling of a case; show civility to all bench officers, arbitrators, mediators, other ADR providers, and their staffs.
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