About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

5 Prof. Law. 1 (1993-1994)

handle is hein.journals/proflw5 and id is 1 raw text is: A AAV NOVEMBER 1993 Volume 5 Issue Number 1 Promoting Courtesy: A Key to Improving the Justice System D. Lake Rumsey udge Jerome Frank of New York, in his 1950 book Courts on Trial, discussed a basic cause of the justice system's inefficiencies. He said lawsuits were being tried between ill-tem- pered lawyers who sought to win cases on the preponderance of the perjury.I He also described the pervasive atmosphere of incivility in American courtrooms.2 disconcerted pick-pocket.5 Later on, the judge entered a judgment against Mr. Pickwick because there was no evidence against him (i.e., the lack of evidence showed how deceitful Mr. Pickwick was; he must have hidden the evidence). Mr. Pickwick has many modem day counterparts who don't understand why dishonesty has been raised to an art form in some courtrooms, especially Judge Marvin Aspen of Illinois published a 1992 during discovery. This problem will have to be article in the American Bar • .--.acknowledged and solved, because Association's Litigation Journal R<i ' . litigants cannot be expected to con- which discussed the lack of civility tinue getting pummeled by legal- among lawyers. According to the If we desire respect for ized injustice without-reacting. article, many lawyers believe the law we must make the Management studies show that judges can encourage civility by law respectable. businesses which stress courtesy setting a civil example themselves, and respect for the individual are which means being less abrasive and.hor tepere. istnguihed,,. ,. o +: More efficient and therefore more and short tempered. Distinguished ....•....•..-...,...;... prftbe6Thbetxapef juu~t nu i l an wyes aiiv reiaLched die saIme UIILu- sion. In fact, there is case law which holds that judicial calm is one of the necessary ingredients of a fair trial.3 Charles Dickens so captured the essence of this problem in the Pickwick Papers (published in 1837) that Lord Campbell said he would rather have writ- ten Pickwick than become the Chief Justice of England (which he did do).4 In one scene, a petulant judge and a churl- artner in the Atlanta, ish lawyer quickly transformed a nson & Ward. witness from a retired gentleman into someone with the look of a this principle is Sam Walton; he built the largest for- tune in America over a short period of time by insti- tutionalizing courtesy towards his customers and respect for his employees.7 The importance of treating individuals with respect has also been emphasized in the context of successful programs in the highly competitive arena of college athletics. Notre Dame coach Lou Holtz, in addressing his football team at the beginning of the 1988 National Championship season, stated: We are not going to make a negative comment about anybody on this team... We cannot be Continued on Page 4 D.Lake Runsey is a pa Georgia law firm of Joh

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most