Professionalism and Civility

By Kayla Britt

During the 2023-2024 bar year, North Carolina Bar Association’s Past President Patti Ramseur designated the theme of the bar year as “Professionalism and Civility.” In honor of this theme, I created the #FairyLawMother Reflective Series where I collected and shared responses from various professionals within the North Carolina Bar on what “Professionalism and Civility” means to them. Below is a compilation of those responses.

This bar year, North Carolina Bar Association President Kim Stogner continues the challenge for us all to engage in “Professionalism and Civility.”

What does “professionalism and civility” mean to you as a lawyer?

Marcia Armstrong

Past President of the North Carolina State Bar; Recipient of the 2023 Chief Justice’s Professionalism Award

“You can be an effective lawyer and at the same time a kind person. Our justice system works best when the parties, counsel, judge, and court staff are treated with respect and dignity. Remember the ‘Golden Rule’ and ‘Do unto others as you would have them do unto you.’ Not only will you lessen the burden on those that you encounter, but you will also reward yourself with a more joyful heart.”

Andrew Atkins

Recipient of the 2022 Young Lawyers Division Robinson O. Everett Professionalism Award

“Professionalism and civility are about advocating strongly for your clients, while simultaneously treating opposing counsel with respect. While we must take positions that are in our clients’ best interest on the merits, professionalism and civility demand that we offer grace and understanding related to issues not on the merits. For example, agreeing to that second extension of time that does not have a material adverse impact on your client, or avoiding sending that letter that you know will ruin someone’s weekend on Friday at 5 p.m., when you know it can be sent on Monday morning just as effectively.”

Martha Bradley

Recipient of the 2018 Young Lawyers Division Robinson O. Everett Professionalism Award

“To me, professionalism means remembering that attorneys are problem solvers first and foremost. People come to us to unravel the challenges in their lives, not to make them worse. If your goal in a case is to ‘win’ or to bill more hours, you’ve probably lost sight of the big picture – which is to leave the client in a better position than where you found them. Civility is a critical part of leaving the client in a better position. You’re unlikely to make much progress on the client’s behalf by being rude to opposing parties or counsel.”

David Branch

Recipient of the John Wishart Campbell Professionalism Award, presented by the Robeson County Bar

“It is my belief that professionalism means living into the promise and oath that we take on that momentous day when we raise our hand and swear or affirm to ‘truly and honestly demean’ ourselves in the practice of an attorney. Our oath and our profession call us to treat every person we encounter with respect and dignity. Since we are professionals, we should act like professionals. Every single day lawyers should honor the profession by living the golden rule as we encounter others regardless of their status. Simply put, strive to be the best lawyer and person you can be.”

Jennifer Brearley

Member of the NCBA Professionalism Committee

“To me, professionalism is inexorably intertwined with behaving honorably. At Davidson, I wrote the words ‘On my honor, . . .’ countless times on papers and tests and each time I penned them on a paper or exam, I marveled at the trust that the college placed in me to behave honorably, to tell the truth, and to do my own work. My word was my bond. That same trust is bestowed upon each of us as members of the Bar every time we sign a certificate of service, file a pleading, or make a representation to a fellow attorney or the Court. We enjoy this unspoken privilege so often that we can become numb to it, but the trust that we are afforded is, indeed, an awesome, high ‘honor.’ Speak truth, seek justice, and be humble. It is an honor and the very essence of professionalism.”

LeAnn Nease Brown

Past President of North Carolina Bar Association and recipient of the 2022 Chief Justice’s Professionalism Award

“Basically, I view these concepts, when combined, as the act of practicing law in a manner that reflects the dignity, honor and respect we owe to the rule of law, to our system of justice and to one another. In simpler terms, each of us models what it means to be a lawyer every day, both at work and out in the community. That should mean we are role models for high ethical standards, civility in our actions and competence in our work. In the simplest terms, we should think about how we want to be described when we are out of earshot and be the person and lawyer fitting that description. Be the person you want the people who matter to you to think you are.”

Kearns Davis

Past President of the North Carolina Bar Association; Recipient of the 2010 Young Lawyers Division Robinson O. Everett Professionalism Award; Recipient of the 2023 Wade M. Smith Defense Attorney Award

“Professionalism means it’s not about me.

Every year after paying my State Bar dues, I receive in the mail a ‘Privilege License.’ It reminds me that what I earned in passing the bar exam was the privilege of serving in a legal system that belongs to the people of North Carolina and exists to serve them. When I work on a case, it’s the client’s case, not mine.

The Rules of Professional Conduct guide how lawyers exercise the privileges we enjoy as members of the bar. The particulars of the Rules are important, but their overriding principle is humility. As a licensee and an officer of the court, my privileges and responsibilities trace back to the Constitution, and my oath as a lawyer is to uphold it. Whatever rights and privileges a lawyer has from the bar and the courts originate from the Constitution’s first three words: ‘We the people.’

My professional responsibility is to do my job for my fellow citizens, not for myself. My particular role is to advocate zealously for my clients – which includes calling out the conduct of others when appropriate and necessary, without fear or favor – but always to respect the roles of others in the system, including opposing counsel, court personnel, jurors, and even opposing parties.”

Justice Bob Edmunds

Recipient of the 2018 Chief Justice’s Professionalism Award; Former Justice of the Supreme Court of North Carolina

“While lawyers routinely disagree, professionals keep those disagreements within bounds and impersonal. Both appellate and trial judges are displeased (and usually irritated) to read briefs and other court filings in which the attorneys snipe at each other. Those same judges are gratified to see court arguments, even when heated, end with the attorneys shaking hands. We attorneys are at our best when we remember that even opposing counsel are also our professional brothers and sisters, and act accordingly.”

James K. Dorsett, III

Former State Bar President and recipient of the 2024 North Carolina State Bar Distinguished Service Award

“Civility not only is a key aspect of professionalism that we owe to all involved in legal matters, but also it is an essential component to our effectiveness as lawyers, and to our enjoyment of work and life. One way to live in civility is to make the effort to get to know the other attorneys involved in a matter by showing genuine interest in them as individuals who like you are engaged in family, volunteer, recreational and other activities outside of work. Another way to practice civility is to give other counsel the benefit of the doubt and assume the best, for example, by responding in a cordial and professional manner to an email that may have been written in haste or under stress.  Sometimes this may be difficult when dealing with opposing counsel including the few who are genuinely rude, but always professionalism in words and deeds will pay dividends in the long run (for example, should a court later review correspondence between counsel). By practicing civility and professionalism you’ll develop working relationships and friendships that will prove beneficial to all, including clients, and achieve a higher level of satisfaction and success in your practice and life.”

Jake Epstein

Recipient of the 2015 Young Lawyers Division Robinson O. Everett Professionalism Award

“To me, professionalism and civility are guiding principles that encompass integrity, honesty, reliability, accountability, and collegiality in everything we do as lawyers. They include things such as seeking to understand other perspectives and being respectful and respectable. While the rules and ethics establish the minimum standards, and we strive for excellence, the principles of professionalism and civility are what make us effective in advocating for our clients, serving and improving our system of justice, and supporting our communities.”

Wade Harrison

N.C. State Bar Board of Legal Specialization James E. Cross Jr. Leadership Award

“I am a divorce lawyer. Divorce lawyers deal with good people at their worst. We are often asked to project the anger our client suffers as a result of the loss of their marriage onto the opposing counsel. The best thing any divorce lawyer can do for a grieving client is to help him or her resolve the issues arising out of their marriage. This is always difficult, but if we fail to listen instead of just repeating our client’s position ever louder, it is impossible.”

Mark Holt

Past President of the North Carolina Bar Association

“An important part of professionalism is respecting and valuing all people we encounter in our work. Whether it’s an opposing counsel, judge, or witness; each person is so much more than the role they carry out in the legal proceeding. In my practice, opposing counsel and I often sat together in airports as we waited for flights back to North Carolina from faraway depositions. Our conversations typically turned to people and activities we missed while being away from home. Sharing these personal insights paved the way for civility and professionalism throughout the case, without diminishing our ability to be zealous advocates for our clients. As an added benefit, some of these attorneys also became lifelong friends.”

Andrew Klein

Dean of Wake Forest University School of Law

“Wake Forest University’s motto is ‘Pro Humanitate’ – for humanity. The motto is a calling to use our knowledge, talent, and compassion to better the lives of others. In my view, a commitment to civility is part and parcel of that aspiration, especially for lawyers. Of course, demonstrating civility does not mean that we will always agree with one another, nor does it suggest we should shy from criticism. But it does mean treating others with respect and dignity regardless of viewpoint. There is an old saying that ‘civility costs nothing and buys everything.’ As legal professionals let’s lead the way.”

Zachary Kramer

Dean of Elon University School of Law

“As legal educators, our charge is to teach our students to disagree with decency. You can be a zealous advocate and still be kind.”

Dean Rich Leonard

Dean of Campbell Law School

“An important aspect of Professionalism and Civility to me is keeping your word. Do what you commit to do. And if unavoidably you cannot, admit it candidly. Do not just go silent.”

Burley Mitchell

Former Chief Justice, N.C. Supreme Court and recipient of the 2015 Chief Justice’s Professionalism Award

“The late Dean Griswold of Harvard Law School summed it up best: ‘A profession is a calling [like the priesthood] whereby one serves humanity and only coincidentally makes a living.’”

Robynn Moraites

Executive Director for the Lawyers Assistance Program at the North Carolina State Bar

“Most of us do not realize the toll that unrelenting stress in an adversarial system takes on us, our communication style, and on our interpersonal relationships. Here is a simple example that illustrates this point. I used to take a hot yoga class at 5:30 p.m. on Fridays. It was a popular class that often sold out a room that housed +/- 60 people. In conversation one day with the yoga studio manager, she observed that clients coming in would snap irritably at desk staff, throw their weight around, be rude, complain . . . sixty minutes later, they would emerge from class calm, relaxed, friendly and would inevitably apologize to desk staff for their behavior coming in. So much of the incivility in legal practice is more an unconscious byproduct than we realize. Let’s work to become more aware of our own unconscious reactions so that our professionalism, civility, interpersonal professional relationships, and even our professional reputations do not become collateral damage.”

Judge Bryan Norris

Recipient of the 2020 Young Lawyers Division Robinson O. Everett Professionalism Award

“Between the hustle and bustle of practice and personal life, it’s easy to think that we’re meeting our professional obligations as attorneys so long as we abide by the Rules of Professional Conduct and don’t get in trouble with the Bar. But those rules are a floor, not a ceiling, and we have a moral imperative – greater than any job title, rule, or formal ethics opinion – to go beyond them. Treating others with equal dignity, acting with humility, and showing grace aren’t strictly necessary to maintaining a law license, but they are to being a good person and colleague.”

Judge Ashleigh Parker

Recipient of the 2023 Chief Justice’s Professionalism Award; Recipient of the 2017 10th Judicial District/WCBA Professionalism Spotlight Award

“I truly believe that humility and service is the ultimate form of professionalism that one can exemplify. While we should always strive to be the best at whatever we do, we should never be afraid to ask questions, seek guidance, and be open to new ways to be better attorneys, judges, and citizens. Additionally, Luke 12:48 says, ‘To whom much is given, much is required,’ and because we have been given a special skillset as attorneys, it’s imperative for us to use our gifts, talents, and skills to assist those who need us the most.”

L. Nicole Patino

NCBA Board of Governors (2024-27)

“For me, professionalism and civility are key principles in our roles as attorneys. My former employer, Fred Hamlet, before he passed away, told me, ‘You have many deposits into your reputation, but you get only one withdrawal.’ This always reminds me that our professional relationships and behavior guide everything we do, from our interactions with clients, to opposing counsel, to law students, to those we are mentoring, to those we employ, to those we park beside in the grocery store. We make a choice with each interaction to build a bridge or to potentially ruin an encounter. I have seen this when opposing counsel made an unkind remark, which I may never forget, and when, as a law student, I was working with an attorney in litigation and developed a relationship with opposing counsel that allowed me to ask her for a recommendation when I left law school. We, as attorneys, are in the unique position to ‘fight fairly,’ and to make the lives of people around us better, even when we are adversarial.”

Jimbo Perry

Recipient of the 2021 Chief Justice’s Professionalism Award; Executive Director of the Chief Justice’s Commission on Professionalism

“To me professionalism and civility are more than how we behave in the practice of law, they reflect a way to do life. Each day and in every circumstance, I try to ask how I would like to be treated. Whether it is working with a client or opposing counsel or serving in the community I aspire to have this mindset.”

Norfleet Pruden

Past President of the North Carolina Bar Association

“I believe that, for a lawyer, being a professional includes being independent – both independent FOR your client and independent OF your client. Independence permits you, and professionalism requires you, to treat your fellow lawyer who is your adversary with respect and civility, even if your client may despise your adversary’s client, or even despise your adversary. In my experience, the justice system operates more smoothly, and business transactions are conducted more efficiently, when the lawyers involved get along with each other, even if the clients do not. Treating your adversary with respect and civility is not disloyalty to your client – most often, it works to your client’s advantage!”

Patti Ramseur

Past President of the North Carolina Bar Association

“When we talk about civility, people often think of it as being respectful, using good manners, being polite, and showing compassion. While those attributes are integral to civility, they are just part of the equation. It’s not just politeness and manners alone. Civility is not the same as always agreeing, liking someone, or the absence of criticism. In the legal profession (and elsewhere), as we tackle challenging and contentious issues and situations, we must engage and do so in meaningful ways. Where there is disagreement, we must be able to recognize and discuss differences in a respectful manner. Even when we strongly believe we are ‘right,’ we should allow for the fact that others may see things differently. By engaging in dialogue in a respectful and compassionate manner, we deepen the understanding we have of ourselves and others.

As lawyers, civility is critical to our individual success and well-being. Research shows that lawyers who exercise civility are more effective, achieve better outcomes, have better reputations, and have higher job satisfaction. Indeed, the best and most respected attorneys I know are ones who consistently model civility, even in the most high-pressure and difficult situations.”

Collins Saint

Recipient of the 2023 Young Lawyers Division Robinson O. Everett Professionalism Award; 2024-2025 Chair of the Young Lawyers Division

“Professionalism and civility seem like laudable goals in the legal profession. However, striving for professionalism and civility in certain contexts can inadvertently enforce traditional norms and expectations that may exclude or silence diverse perspectives and voices. The rigid adherence to these standards can stifle authentic expression and discourage individuals from bringing their whole selves to the table, hindering the creation of an inclusive environment where different viewpoints and experiences are valued. Sometimes, the emphasis on professionalism can prioritize maintaining the status quo over challenging systemic biases, thereby impeding progress towards true inclusivity and equity. While we should all strive to be collegial in our profession, we must keep a close watch on ensuring we do no harm in the process.”

Clark Smith

Past President of the North Carolina Bar Association

“Professionalism is the adherence to the Rules of Professional Conduct in both form and substance. It is going beyond the required rules and serving in an exemplary fashion to the public, judiciary and bar. I was fortunate to have known and studied under Dean Carroll Weathers of the Wake Forest Law School. Dean Weathers was the ultimate example of a professional lawyer and instilled a sensitivity to professionalism in all who studied under him. When we encountered an issue about professional conduct, we often asked, ‘Is it ‘Weatherized,’ which meant, ‘What would Dean Weathers say or recommend about the situation?’ We knew his response would guide us on the right path to making the correct decision.

Civility to me involves the way we treat those around us. It means to treat everyone – judges, lawyers, staff, witnesses, clients, friends, family, strangers, waitresses, janitors, even garbage men – with total respect, dignity, honor, importance, equality and integrity. This is sometimes especially difficult in judicial settings, but absolutely necessary to exhibit professionalism.”

Stephen Smith

Recipient of the 2013 Joseph Branch Professionalism Award

“Whether dealing with witness, counsel, client, opposing party, criminal defendant, judge, juror, whomever, treat everyone as you want to be treated.”

Tom Steele

Member of the NCBA Professionalism Committee

“The attorneys I admire most are the ones who exhibit professionalism and civility. The two go hand in hand. It is impossible to be less than civil and to behave professionally. The best lawyers can advocate strongly for their client’s position without being disrespectful or rude or taking cheap shots at the adverse party or their counsel. When we show courtesy and respect to each other and to the other parties, we create opportunities to resolve problems that the parties may not otherwise be able to resolve.”

Vernon Sumwalt

Recipient of the James E. Cross Jr. Leadership Award

“Professionalism plays out in our self-discipline to become better lawyers. Our rules of professional conduct require us to do the right things in the right ways, to be competent, and to avoid conflicts of interest with everyone involved (and not yet involved) in the legal system. There’s no way one lawyer could have all the answers for all their clients’ questions about every subject. So, professionalism, at the very least, involves knowing what your real gifts are, knowing how can offer them to solve problems and help others, and staying in your lane when it comes to explaining the pros and cons to a client’s different options.

Civility is the fruit of professionalism. Civility, of course, deals with how we treat others. The process of law is not a competition to be won or lost. Going through the process, for most clients, isn’t a preferred road. While steering folks through their options, we do our jobs to remember that all good roads lead to resolution and closure, whether it is through a mutual settlement or through trial. Maintaining our integrity and helping others maintain theirs through this journey – recognizing that life doesn’t always follow strict deadlines like those we plan for in court and, as often as you can, the best reaction is just to be nice – is a part of this resolution and closure. That’s civility.”

Richard Vinroot

Recipient of the 2023 Chief Justice’s Professionalism Award

“To me ‘professionalism and civility’ in the practice of law are akin to ‘sportsmanship’ in athletics. My coaches – throughout my growing-up years from Little League Baseball to Carolina Basketball, under Coach Dean Smith – all consistently preached to our teams that at game’s end we should shake hands with our opponents and simply say ‘good game; we’ll see (or get!) you next time,’ regardless of the outcome. To me that same principle should apply to us as lawyers: we’re to give it our best effort at every step in the legal process, then move on with class and civility. I will never, ever like or accept ‘losing,’ but not nearly as much as I dislike ‘poor losers,’ (or even ‘arrogant winners’ for that matter!)

E. Gregory Wallace

Member of the Chief Justice’s Commission on Professionalism

“We cannot improve on the simple rule announced by Jesus: treat others the way you want them to treat you. To me, that is the very essence of civility and professionalism.”

Erna Womble

Recipient of the 2018 Chief Justice’s Professionalism Award

“Professionalism and civility in the legal system can have many definitions and manifestations. Perhaps the expression ‘grace under fire’ captures the essence of the many forms of thought and behavior engaged in by lawyers, judges, law students, academicians, and court personnel. In the hurly-burly of litigation, for example, intense emotions can subvert rational thinking and kindle undignified, discourteous behavior. In our adversarial profession, lawyers must zealously assert their clients’ position, and there is no substitute for sheer competency through diligent preparation, mastery of the facts and applicable law, and forceful advocacy. But, I believe that there is also another vital competency encompassed within the rubric of professionalism and civility that is necessary for officers of the court. It is the disciplined ability to stay calm and focused, refrain from personal attacks, manage their own fervor and that of their clients, while vigorously championing their clients’ positions.” Article included.