STANDARDS OF CIVILITY
Preamble
The New York State Standards of Civility for the legal
profession set forth principles of behavior to which the bar,
the bench and court employees should aspire. They are not
intended as rules to be enforced by sanction or disciplinary
action, nor are they intended to supplement or modify the
Rules Governing Judicial Conduct, the Code of Professional
Responsibility and its Disciplinary Rules, or any other
applicable rule or requirement governing conduct. Instead
they are a set of guidelines intended to encourage lawyers,
judges and court personnel to observe principles of civility
and decorum, and to confirm the legal profession’s
rightful status as an honorable and respected profession
where courtesy and civility are observed as a matter of
course. The Standards are divided into four parts:
lawyers’ duties to other lawyers, litigants and
witnesses; lawyers’ duties to the court and court
personnel; court’s duties to lawyers, parties and
witnesses; and court personnel’s duties to lawyers and
litigants.
As lawyers, judges and court employees, we are all
essential participants in the judicial process. That process
cannot work effectively to serve the public unless we first
treat each other with courtesy, respect and civility.
LAWYERS’ DUTIES TO OTHER LAWYERS, LITIGANTS AND
WITNESSES
I. Lawyers should be courteous and civil in all
professional dealings with other persons.
A. Lawyers should act in a civil manner regardless of the
ill feelings that their clients may have toward others.
B. Lawyers can disagree without being disagreeable.
Effective representation does not require antagonistic or
acrimonious behavior. Whether orally or in writing, lawyers
should avoid vulgar language, disparaging personal remarks or
acrimony toward other counsel, parties or witnesses.
C. Lawyers should require that persons under their
supervision conduct themselves with courtesy and civility.
II. When consistent with their clients’ interests,
lawyers should cooperate with opposing counsel in an effort
to avoid litigation and to resolve litigation that has
already commenced.
A. Lawyers should avoid unnecessary motion practice or
other judicial intervention by negotiating and agreeing with
other counsel whenever it is practicable to do so.
B. Lawyers should allow themselves sufficient time to
resolve any dispute or disagreement by communicating with one
another and imposing reasonable and meaningful deadlines in
light of the nature and status of the case.
III. A lawyer should respect the schedule and
commitments of opposing counsel, consistent with protection
of the client’s interests.
A. In the absence of a court order, a lawyer should agree
to reasonable requests for extensions of time or for waiver
of procedural formalities when the legitimate interests of
the client will not be adversely affected.
B. Upon request coupled with the simple representation by
counsel that more time is required, the first request for an
extension to respond to pleadings ordinarily should be
granted as a matter of courtesy.
C. A lawyer should not attach unfair or extraneous
conditions to extensions of time. A lawyer is entitled to
impose conditions appropriate to preserve rights that an
extension might otherwise jeopardize, and may request, but
should not unreasonably insist on, reciprocal scheduling
concessions.
D. A lawyer should endeavor to consult with other counsel
regarding scheduling matters in a good faith effort to avoid
scheduling conflicts. A lawyer should likewise cooperate with
opposing counsel when scheduling changes are requested,
provided the interests of his or her client will not be
jeopardized.
E. A lawyer should notify other counsel and, if
appropriate, the court or other persons at the earliest
possible time when hearings, depositions, meetings or
conferences are to be canceled or postponed.
IV. A lawyer should promptly return telephone calls and
answer correspondence reasonably requiring a response.
V. The timing and manner of service of papers should
not be designed to cause disadvantage to the party receiving
the papers.
A. Papers should not be served in a manner designed to
take advantage of an opponent’s known absence from the
office.
B. Papers should not be served at a time or in a manner
designed to inconvenience an adversary.
C. Unless specifically authorized by law or rule, a lawyer
should not submit papers to the court without serving copies
of all such papers upon opposing counsel in such a manner
that opposing counsel will receive them before or
contemporaneously with the submission to the court.
VI. A lawyer should not use any aspect of the
litigation process, including discovery and motion practice,
as a means of harassment or for the purpose of unnecessarily
prolonging litigation or increasing litigation expenses.
A. A lawyer should avoid discovery that is not
necessary to obtain facts or perpetuate testimony or that is
designed to place an undue burden or expense on a party.
B. A lawyer should respond to discovery requests
reasonably and not strain to interpret the request so as to
avoid disclosure of relevant and non-privileged information.
VII. In depositions and other proceedings, and in
negotiations, lawyers should conduct themselves with dignity
and refrain from engaging in acts of rudeness and disrespect.
A. Lawyers should not engage in any conduct during a
deposition that would not be appropriate in the presence of a
judge.
B. Lawyers should advise their clients and witnesses of
the proper conduct expected of them in court, at depositions
and at conferences, and, to the best of their ability,
prevent clients and witnesses from causing disorder or
disruption.
C. A lawyer should not obstruct questioning during a
deposition or object to deposition questions unless
necessary.
D. Lawyers should ask only those questions they reasonably
believe are necessary for the prosecution or defense of an
action. Lawyers should refrain from asking repetitive or
argumentative questions and from making self-serving
statements.
VIII. A lawyer should adhere to all express promises
and agreements with other counsel, whether oral or in
writing, and to agreements implied by the circumstances or by
local customs.
IX. Lawyers should not mislead other persons involved
in the litigation process.
A. A lawyer should not falsely hold out the possibility of
settlement as a means for adjourning discovery or delaying
trial.
B. A lawyer should not ascribe a position to another
counsel that counsel has not taken or otherwise seek to
create an unjustified inference based on counsel’s
statements or conduct.
C. In preparing written versions of agreements and court
orders, a lawyer should attempt to correctly reflect the
agreement of the parties or the direction of the court.
X. Lawyers should be mindful of the need to protect the
standing of the legal profession in the eyes of the public.
Accordingly, lawyers should bring the New York State
Standards of Civility to the attention of other lawyers when
appropriate.
LAWYERS’ DUTIES TO THE COURT AND COURT PERSONNEL
I. A lawyer is both an officer of the court and an
advocate. As such, the lawyer should always strive to uphold
the honor and dignity of the profession, avoid disorder and
disruption in the courtroom, and maintain a respectful
attitude toward the court.
A. Lawyers should speak and write civilly and respectfully
in all communications with the court and court personnel.
B. Lawyers should use their best efforts to dissuade
clients and witnesses from causing disorder or disruption in
the courtroom.
C. Lawyers should not engage in conduct intended primarily
to harass or humiliate witnesses.
D. Lawyers should be punctual and prepared for all court
appearances; if delayed, the lawyer should notify the court
and counsel whenever possible.
II. Court personnel are an integral part of the justice
system and should be treated with courtesy and respect at all
times.
JUDGES’ DUTIES TO LAWYERS, PARTIES AND WITNESSES
I. A Judge should be patient, courteous and civil to
lawyers, parties and witnesses.
A. A Judge should maintain control over the proceedings
and insure that they are conducted in a civil manner.
B. Judges should not employ hostile, demeaning or
humiliating words in opinions or in written or oral
communications with lawyers, parties or witnesses
C. Judges should, to the extent consistent with the
efficient conduct of litigation and other demands on the
court, be considerate of the schedules of lawyers, parties
and witnesses when scheduling hearings, meetings or
conferences.
D. Judges should be punctual in convening all trials,
hearings, meetings and conferences; if delayed, they should
notify counsel when possible.
E. Judges should make all reasonable efforts to decide
promptly all matters presented to them for decision.
F. Judges should use their best efforts to insure that
court personnel under their direction act civilly toward
lawyers, parties and witnesses.
DUTIES OF COURT PERSONNEL TO THE COURT, LAWYERS AND
LITIGANTS
I. Court personnel should be courteous, patient and
respectful while providing prompt, efficient and helpful
service to all persons having business with the courts.
A. Court employees should respond promptly and helpfully
to requests for assistance or information.
B. Court employees should respect the judge’s
directions concerning the procedures and atmosphere that the
judge wishes to maintain in his or her courtroom.
