In an effort to enhance the professionalism and courtesy of the practice of law and the administration of justice, the California bar has adopted a new state bar rule requiring California attorneys to sign a “civility oath” when renewing their annual law licenses.
What Are Civility Guidelines in California?
The California Attorney Guidelines of Civility and Professionalism were adopted on July 20, 2007 to improve the legal profession. You can review the guidelines in a “civility toolbox” published by the California Bar Association.
These civility guidelines go beyond the California Rules of Professional Conduct as prescribed by the California Bar. The guidelines are suggestions on how to behave with courts, clients, opposing counsel, and the public. Violations of civility are not grounds for disciplinary action or malpractice claims.
What Is the New Civility Oath Requirement for California Attorneys?
The California State Bar did not feel that these guidelines went far enough. In July 2023, the Board of Trustees of the State Bar of California sent a proposed rule to the California Supreme Court to make the attorney civility oath an annual requirement and change the Rules of Professional Conduct to make incivility grounds for disciplinary action. The California Supreme Court rejected the rule change to the Rules of Professional Conduct but allowed the annual civility oath requirement.
When renewing their annual license, an attorney must sign an oath declaring that they will follow rules of civility. If an attorney does not submit their renewal with the oath by April 1, 2026, their status will change to inactive licensee and they will not be allowed to practice law.
Attorneys must also complete one hour of a civility course as part of their minimum continuing legal education (MCLE) three-year compliance requirement period.
What Does the New Civility Oath for California Lawyers Say?
The attorney oath appears on the annual license renewal and now includes the language, “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.”
Didn’t California Attorneys Already Swear a Civility Oath When Admitted to the California Bar?
Yes, since June 2014, lawyers had to take an oath that included civility language: “I, (attorney name) solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of any attorney and counselor at law to the best of my knowledge and ability. As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.”
However, the California bar’s new rule requires lawyers to make this an annual oath when renewing an annual bar license.
What Are the Rules for Civility?
Attorneys have a responsibility to the justice system, public, and profession to bring civility to the legal community. The California Attorney Guidelines of Civility and Professionalism recommend that attorneys should do the following:
- Treat clients with courtesy and respect
- Communicate and interact with others civilly, honestly, and respectfully, avoiding disparaging comments or hostility
- Be punctual, cooperative, and considerate in scheduling, continuances, and extensions and accommodating reasonable requests in good faith
- Not engage in tactics that delay or hinder resolutions
- Serve papers and submit written materials in a timely, fair, and respectful manner
- Avoid language and tactics that demean or put others at a disadvantage
- Conduct discovery and motion practice in good faith and not use tactics to delay and harass opposing counsel
- Act with professionalism, decorum, honesty, and respect in court and settlement matters
- Promote fair resolutions, disclose relevant relationships, avoid ex parte communications
Again, violations of these recommendations are not a cause of action for malpractice or disbarment.
Will This New California Oath Requirement Make Lawyers More Civil?
Opponents say this is merely window dressing and does not make meaningful change to civility. They argue this is more burdensome for attorneys and that the bar should focus on attorney discipline instead of oaths. Proponents of the California Civility Task Force claim that such an oath brings all practitioners to the same standards of civility, reducing the bar’s and judges’ burden in correcting poor behaviors. The takeaway: Continue zealous representation, but don’t be a jerk.
Related Resources:
- California Code, Business and Professions Code - BPC § 6060 (FindLaw Codes)
- California Sets the Bar Even Higher (FindLaw Practice of Law)
- California Offers Bar Exam Retakes for Free After Troublesome Rollout of New System (FindLaw Practice of Law)
