CBA Record January-February 2025

EDITORIAL BOARD EDITOR-IN-CHIEF CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF

Justice Michael B. Hyman Illinois Appellate Court ASSOCIATE EDITOR Anne Ellis Council of State Governments Justice Center SUMMARY JUDGMENTS EDITOR Daniel A. Cotter

Bullying: A Choice

S hortly after the Illinois Supreme Court Commission on Professionalism released its study of bullying, a judicial colleague and I discussed how the legal profession seems more combative, even unkind, than ever before. Sure, when we practiced, we had our share of opponents who pushed boundaries. But as the country has grown more oppositional, so too have lawyers. Cooperation has diminished, disrespectful interactions have come to be commonplace, and in-person conferences with opponents scarcely occur. There are many explanations for why the legal profession has a bullying problem. Among them are the nature of the adversarial system itself, the pressure to deliver results, the stress and demands of the job, the general lack of accountability for bad behavior, the expectations of clients, and the risk of appearing weak. But none of these causes portend the Commission’s finding that bullying usually “involves a power imbalance with inten tional and often unrelenting aggression, intimidation, or humiliation.” (The 86-page report and a 12-page executive summary are available at www.2civility.org/bullying-in the-legal-profession.) Over the years, I’ve noticed two characteristics frequently exhibited by lawyers who are bullies—a disrespectful demeanor to others and an inflated opinion of themselves. As a consequence, they have a propensity to create conflict, alienate people, and lose cred ibility. They also refuse to acknowledge their toxic tendencies and cling to a fragile ego that relies on domination and fear. Cultivate Respect Bullies prioritize their sense of entitlement, superiority, and exaggerated self-importance above their duty to maintain courtesy and integrity. Bullying has steadily been normal ized for them, corroding relationships by letting ego displace professionalism. Among the ways a lawyer can cultivate respect are to: l Listen closely to others and acknowledge their perspectives. l Admit mistakes instead of hiding behind excuses or shifting blame and accepting constructive criticism. Then, learn from the mistakes and criticism. l Treat everyone, no matter the circumstances, as you would want a loved one treated. l View others as equals rather than obstacles to be overcome. Unlike bullying, acting respectfully promotes trust, inspires confidence, and builds professional relationships. It’s worth repeating the saying that to gain respect, you must give it. Practice Self-reflection Lawyers who regularly assess themselves and their actions tend to behave professionally and courteously. As the influential thinker Dr. Carl Jung observed, “I am not what hap pened to me. I am who I choose to become.” The ability to reflect shapes identity and self, aligning one’s conduct with one’s character and principles, and thus connecting who we are, what we believe, and how we behave. On the other hand, bullies don’t care how their actions affect their reputations or relationships or who they hurt or trample. Often inflated by narcissism, bullies focus on themselves, their needs, and their agenda, in spite of the collateral damage. And they

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Joanna Kopczyk Attorney at Law

Nikki Marcotte Kirkland & Ellis LLP

Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP Jacob B. Berger Tabet DiVito & Rothstein LLC Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Quarles & Brady Meredith A. Geller Northwestern Pritzker School of Law Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Theodore Kontopoulos Internal Revenue Service John Levin Kathryn C. Liss DePaul University College of Law Clare McMahon Reed, Centracchio & Associates, LLC Pamela Sakowicz Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins DiMonte, Ltd. Kevin A. Thompson Levin Ginsburg Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 January/February 2025

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