Virginia Lawyer - February 2021

President’s Message

Brian L. Buniva 2021-01-22 05:54:55

Civility and Gratitude in This Great Profession

I WOULD LIKE TO BEGIN this column by quoting from a young George Washington’s early writings, titled “Rules of Civility and Decent Behaviour in Company and Conversation.” Washington scribed a total of 110 rules to be observed in daily life, which ranged from matters of personal hygiene and decorum to topics that we should revisit frequently — especially in today’s turbulent times. I consider the following some of his most important admonitions:

• “Every action done in company ought to be with some sign of respect to those that are present.”

• “Use no reproachful language against anyone; neither curse nor revile.”

• “Undertake not what you cannot perform, but be careful to keep your promise.”

• “Labour to keep alive in your breast that little celestial fire called conscience.”

This nation’s public discourse would be greatly elevated if only these few basic, but important, rules of civility and decent behavior were observed during our country’s recent national public and political debates.

But as simple as these commonsense statements are, I dare say they are not easy to observe in our daily lives. Who among us has not used reproachful language against someone or treated someone without the respect they deserve? We can only hope that those failings are few and far between, and not repeated.

As lawyers we are called upon to bring civility into every phase of our private and professional lives. One of the most frequently cited passages on civility came from retired United States Supreme Court Justice Anthony M. Kennedy as he addressed the American Bar Association’s annual meeting in 1997: “Civility is the mark of an accomplished and superb professional, but it is even more than this. It is an end in itself. Civility has deep roots in the idea of respect for the individual.”

Our Virginia Supreme Court has also opined on the expectation that all lawyers behave with civility when it adopted the “Principles of Professionalism” more than a decade ago. I commend the words regarding conduct toward all others embodied in the Court’s Principles:

“In my conduct toward everyone with whom I deal I should:

• Remember that I am part of a self-governing profession, and that my actions and demeanor reflect upon my profession.

• Act at all times with professional integrity, so that others will know that my word is my bond.

• Avoid all bigotry, discrimination, or prejudice.

• Treat everyone as I want to be treated – with respect and courtesy.

• Act as a mentor for less experienced lawyers and as a role model for future generations of lawyers.

• Contribute my skills, knowledge and influence in the service of my community.

• Encourage those I supervise to act with the same professionalism to which I aspire.”

I am grateful for the many opportunities I have had to observe first-hand civility as practiced by giants of the bar as my partners, mentors, co-counsel, or opposing counsel. The late Gerald Baliles, Bill Broaddus, Irv Blank, the late Buddy Allen, the late Richmond Circuit Court Judge Randall Johnson, Pat McSweeney, Frank Brown, and Charlie Williams are just a few of the truly great lawyers who have led the crusade for civility and professionalism by example. I urge all to identify a lawyer who has demonstrated true professionalism and civility, watch them closely, and learn. It will make you better people, and better lawyers.

Finally, I would like to close this column with thoughts of gratitude. We’ve all had a tough past year or so due to COVID-19, but, when things seem bleak, I remember a New York Yankee baseball player of long ago named Lou Gehrig. After 17 years in the major leagues, he was stricken with the debilitating disease called Amyotrophic Lateral Sclerosis (ALS) which is commonly referred to as Lou Gehrig’s disease. On July 4, 1939, two weeks before he died just shy of his 39th birthday, a sold-out Yankee Stadium listened to the most remarkable speech on gratitude ever spoken. He said, “Fans, for the past two weeks you have been reading about the bad break I got. Yet today I consider myself the luckiest man on the face of this earth. I have been in ball parks for 17 years and have never received anything but kindness and encouragement from you fans. Look at these grand men. Which of you wouldn’t consider it the highlight of his [or her] career just to associate with them for even one day? Sure, I’m lucky . . .”

Look around you every so often and see the grand lawyers in your midst. We are members in one of the greatest professions in the world. Honor it, and honor those who are in it with you.

Published by Virginia State Bar. View All Articles.

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