Message from Christopher Hughes, Chair of the Business Law Section

July 2025

Recently, I had someone ask me, why do you bother being civil with that person?  You know they’ll never treat you with respect, let alone civility, and in any case, they appear to favor cruelty above all else, so why bother? 

Ultimately, that is one of the main reasons our clients come to us.  They have an irreconcilable disagreement with another party or parties, and they would like us to advise them on how to navigate those challenges to help achieve a particular legal outcome under the rule of law.  But they also come to us because they know that we value their humanity beyond just their legal problems.  This is where civility intersects with the law. 

As business attorneys, we understand the importance of maintaining civility in our interactions, even in the face of those who are acting uncivil or even worse, gratuitously cruel towards us or our clients.  We know that remaining respectful in our interactions benefits our clients.  It increases the chances of better outcomes in our cases; it builds an enduring reputation in our community; it contributes to strengthening everyone’s mental health and wellbeing; and ultimately, it leads to better economic successes.  We also know that maintaining respectful relationships and professional courtesy can be the difference between successful, efficient negotiations and costly, time-consuming adversarial proceedings. 

But even the most rational, civilly minded attorneys have been tested.  I doubt there is one amongst us who has not grown hot under the collar and said something that we later regret.  Consider a sweltering 107-degree afternoon trapped in downtown gridlock in a car with a broken air conditioner.  After ten minutes of not moving more than a few feet, the driver in the car immediately behind you decides to lay on their car horn.  How many of us would remain civil in that moment?  But that is exactly the moment when civility matters most. 

Take the same example and consider that you have passengers in the car with you and it is your job to get them to their final destination.  What benefit is there in turning around and yelling at the horn blower?  Will it get you and your passengers to their final destination any faster?  What if it leads to escalation, forcing you to get out of your car and confront the person on the streets?  Does that get you and your passengers to their final destination?  As unsatisfying as it may feel in the moment, if you allow yourself a moment to breathe and think clearly, maybe you can find a more suitable response.  Maybe, in that instance, the best course of action is to simply wave to the person behind you, acknowledging their frustration; gently point to the gridlock in front of you and surrounding everyone; and then raise your shoulders in a sympathetic shrug, demonstrating that the lack of movement is not in your control.  If nothing else, such behavior helps to reassure your passengers that through de-escalation, you continue to prioritize their goal of getting them to their final destination.  And, for any onlookers, the decision to remain civil provides them with a role model that they too may choose to emulate. 

I ask each of you to consider your own professional history.  What examples can you think of?  When have you been challenged to remain civil and how did you respond?  Did you learn anything from that encounter that you can use today in your practice and in your life?  Are there any lessons you would share with newer attorneys seeking to navigate such challenging terrain? 

I also ask each of you to continue to advocate for civility in the face of incivility.  Let us strive to meet wanton cruelty with professionalism, empathy, and an unwavering insistence that such behavior will not be rewarded.  Let us remind everyone around us that this path leads to the ultimate benefit of those we seek to represent.  Let us be the role models that the public can look up to and hopefully emulate in their day-to-day lives.

The views expressed herein represent those of the author and not necessarily those of the author’s firm or its partners or employees.