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Civility Under Attack: Responding With… Civility
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Civility Under Attack: Responding With… Civility

David Grenardo
SSRN Electronic Journal
03/31/2026

Abstract

civil conduct legal scholarship lawyer speech civility first amendment rules of professional conduct practice of law advocacy free speech mandatory civility
Civility faces attacks on several fronts. First, civil conduct in society continues to erode. Incivility appears to be increasing in the workplace, and incivility also remains prevalent in the legal profession. Second, legal scholarship has set its sights on attacking civility, calling civility in the legal profession oppressive and racist. Third, the First Amendment has been weaponized to attack civility rules and norms in the legal profession. How should supporters and believers in civility respond to these attacks? The answer is with civility. This Article argues that the various attacks on civility require a response embedded in civility. When incivility continues to ravage the legal profession, mandatory civility remains the answer. When legal scholarship attacks civility, the response needed includes a thoughtful, respectful, and civil retort. And when the First Amendment clashes with civility in the form of personal insults and attacks against individuals, civility should tend to prevail. Part I of this Article provides an overview of incivility in the workplace, the legal profession, and society, and discusses the necessary response in the legal profession, mandatory civility. Part II discusses and responds to scholarship that directly attacks civility in the legal profession. Part III examines the intersection of the First Amendment and the regulation of lawyer speech. This Article concludes that as attacks on civility continue to mount, responding with civility remains the best solution.

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