BALANCING ZEALOUS ADVOCACY WITH COURTROOM CIVILITY
By Judge Christopher G. Morales
In courtrooms across Texas and the nation, lawyers are entrusted with the duty of advocating for their clients. Advocacy is the backbone of our adversarial legal system. Yet, I have witnessed too often the erosion of civility in pursuit of that advocacy. This is a troubling trend, one that undermines the integrity of our profession and the administration of justice.
Let me be clear: zealous advocacy is not only permitted, it is required. Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct directs lawyers to act with commitment and dedication in representing clients. However, advocacy does not give a license to rudeness, disrespect, or personal attacks. Lawyers must be forceful without being hostile, passionate without being disruptive, persistent without being overbearing. Civility is not a courtesy we extend only when convenient; it is a professional obligation.
The Texas Lawyer’s Creed -- A Mandate for Professionalism, adopted by the Texas Supreme Court and the Texas Court of Criminal Appeals in 1989, offers guiding principles that every attorney should revisit often. It reminds us that:
"I am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system…I am committed to this Creed for no other reason than it is right."
It goes further to state:
"I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility.”
This is not simply aspirational language. It is a call to action, a mandate, one that encourages lawyers to temper zealous representation with honor, respect, and fairness. The Creed urges lawyers to avoid tactics intended to delay or harass and to treat opposing counsel with courtesy, even in the heat of litigation.
When lawyers abandon civility, everyone in the courtroom suffers. Judges are forced to divert time and attention away from the merits of the case. Jurors may become disillusioned by the spectacle. Most concerning, the public’s trust in the legal system erodes. A courtroom should reflect the highest ideals of justice, not a battleground for egos. I say leave the theatrics for the theatre.
Judges, too, play a critical role in setting the tone. We must hold lawyers accountable for uncivil behavior, but we must also model the very professionalism we expect. To strengthen our credibility and uphold the integrity of the court, judges must model this professionalism in the way we dress, the way we speak from the bench, and the expectations we establish in the courtroom. We must recognize that the rules we demand of all who step into the courtroom also apply to us. That includes treating all participants: lawyers, litigants, witnesses, and staff with fairness and dignity.
To young attorneys, I say this: your reputation begins forming the moment you step into a courtroom. From the moment you rise to speak, the legal community takes measure of you. Every word you choose, every gesture you make, every exchange with the bench or opposing counsel, it all counts. Respect, restraint, and integrity are not optional; they are the currency of credibility. And credibility is your most formidable weapon, far more potent than theatrics or bravado. Do not squander it with sarcasm, interruptions, or unnecessary posturing.
In my experience, the best lawyers are not only skilled legal minds; they are also poised, respectful, and focused. Their strength lies in their command of the law and their ability to make reasoned, compelling arguments, not in how loudly they speak or how aggressively they present themselves. Civility is not a sign of weakness. Consider it a mark of strength, integrity, and a deep respect for the rule of law. As members of this profession, we must recommit ourselves to the principles of the Texas Lawyer’s Creed. Not just because we are called upon to do so, not just because of its policy, but because it is right.