Search the Internet regarding civility in the legal profession and you will find a wealth of material aimed at raising the practice of civility in the practice of law.
Conduct a similar search on civility in media and the following headline immediately surfaces: "National media quickly get bored only when civility replaces chaos."
That's a good start toward summing up the differences. Across the nation - from conduct guidelines to bar journal articles, CLEs and committee reports - attorneys are encouraged to demonstrate civility in their professional work. There is certainly conflict or we would not need courtrooms. But the goal is to resolve legal differences with civility.
So, how does an attorney deal with a reporter's call from the world beyond the courtroom, where civility is boring? Where the media, locally as well as nationally, focus on chaos and even more on conflict? Reporters do of course act civilly toward sources. But it is usually conflict that makes a story newsworthy.
The above headline, from a story in the Durham (N.C.) News about the alleged rape involving members of the Duke University lacrosse team, was notable because it ran against the tide. On an issue charged with conflict, differing community groups came together for a public discussion in which civility prevailed. And civility was what was reported.
In the media, however, that's often an exception. Compared with the legal profession, civility's decline in media is only occasionally a topic for discussion, lament and spreading of blame. Some of that blame goes to the divisive national and state politics and the contentious news stories that result. Some goes to the new media - from talk radio to hardball interviews, cable TV's "shouting shows" and blogs - and their tendency toward edgy, confrontational styles in which traditional journalistic standards and passionate individual participation do not coexist peacefully.
Some goes to increasing competition, as old media sometimes resort to attention-grabbing tactics in trying to combat declining market share. Finally, some goes to society, where civility is often perceived to be declining.
"Public dialogue is becoming less civil by traditional standards, and this is partly reinforced and encouraged by the media," said John Hamer, executive director of the Washington News Council, which promotes fairness, accuracy and balance in the media. The council conducts educational forums and reviews complaints involving media coverage.
"However, it's also fair to say that American society and media have experienced far less civil times than our own," Hamer said. "In colonial days, newspapers took strongly partisan views and printed insults much less civil than anything we see today."
Any comment on lack of civility in media is generally conducted by news subjects and sources, not by reporters. "There's a lack of civility in the discussion," said outgoing King County Elections Director Dean Logan, as he walked away from the county's contentious, on-going elections tussles for a new job as deputy elections director in Los Angeles County.
Both the Seattle Times and Post-Intelligencer were happy to quote Logan's comments on incivility in their news stories. After all, incivility has fueled the conflict and added to the stories' news value. While Logan might have complained, reporters don't protest anything that produces juicier quotes.
Like many legal organizations nationwide, the bar here has taken a very different, proactive direction. In the early 1990s, the King County Bar Association developed its Guidelines for Professional Courtesy, intended to elevate attorney conduct beyond the Rules of Professional Conduct's requirements. By 1999, the KCBA and the Washington State Bar Association had initiated an annual CLE emphasizing civility.
When a reporter's call comes from the media world of conflict, it's well worthwhile for an attorney to remember all of that professional encouragement toward civility. You won't find the term in any public relations media trainer's guide on how to be an effective source. There, civility probably translates most often as "stay calm." That's more understandable for people facing media interviews who don't spend as much time being civil in confrontational situations as attorneys do. But it means the same thing and works just as well.
Civility works with media because it allows an attorney, client or any news source to deliver the message more effectively, just as in legal proceedings. With civility comes reason and authority. That reinforces the message, building its credibility.
It might not make the news story as interesting as chaos, conflict and King County elections. But, as it did at the community meeting in Durham, civility leads to a much better result. n
Steve Boyer is senior vice president at Rockey Hill & Knowlton in Seattle. He heads the public relations firm's crisis, litigation and labor relations practices.
