On the Importance of Professionalism

We few, we (mostly) happy few, we band of advocates who have chosen a calling dedicated to the service of others.¹ It is we who have volunteered to stand for, and with, our clients in their time of need, ensuring they receive a fair shot at justice. Some of us chose the even more difficult role of administering that justice. Ours is a small community of legal professionals. Together we are the critical gears and lubricant necessary for the functioning of the greatest system of law the world has ever known. And we do so in trying and fractured times.

Merriam-Webster defines “profession” as “a calling requiring specialized knowledge and often long and intensive academic preparation.”² It defines a “professional” as someone “characterized by or conforming to the technical or ethical standards of a profession; exhibiting a courteous, conscientious, and generally businesslike manner in the workplace.”³ That we each self-selected this vocation, each found a way to survive the Socratic method, and each passed the Bar exam binds us with shared experiences. Yet our advanced education prepares us only minimally for what it takes to ply our craft on a daily basis. Ours is a profession reliant on an apprenticeship model. One that requires mentoring and training and experience-based guidance not only on what to do, but how to do it. Professionalism is an essential component of that how, and we need more of it now more than ever.

So critical is professionalism to the practice of law that the Illinois Supreme Court established a Commission on Professionalism “to promote among the lawyers and judges of Illinois principles of integrity, professionalism and civility; to foster commitment to the elimination of bias and divisiveness within the legal and judicial systems; and to ensure that those systems provide equitable, effective and efficient resolution of problems and disputes for the people of Illinois.” Ill. Sup. Ct. R. 799(a) (eff. Sept. 29, 2005). The reality, however, is such principles are at risk of becoming the exception rather than the rule in our increasingly divided society. Ours is a world where technology increases communication while at the same time de-personalizing it. We interact more by keystrokes and video calls, and less by handshakes and personal interactions. In fact, many lawyers today have negotiated or litigated without ever hearing their counterpart’s voice or physically been inside a real courtroom. Civility in public discourse – and legal proceedings – is being circumvented and replaced by bitterness, anger, and vitriol. Too many incorrectly believe that the nastiness equals effectiveness.

How can we increase professionalism in this environment? We should redouble our commitment to mentoring and training, and reinforce the importance of civility. We must embrace the genuine pleasure of being a professional – a description, that like a good nickname, is bestowed upon us by others.⁴ Professionalism must be practiced every day, by lawyers at every level of experience. It can be hard to always take the high road, but we must strive to do so. We must intensify our efforts to mentor our colleagues on what it means to be a professional and why it is important. We need to highlight, reward, and celebrate professionalism.

What does professionalism in the law mean? In some ways it is easier to define what it is not – we know it when we see it – rather than define what it is. To me, professionalism is not about tradition, although tradition has its place. In my mind, professionalism is about maintaining a level of respect and decorum for the responsibility and burdens we and our counterparts share. It is about honoring the process, our respective roles, and elevating our conduct. It is protecting a system that requires the rights and views and positions of others to be heard even when, especially when, they do not align with our own (or those of our client). It is about advancing the administration of justice.

Professionalism is not about being less of an advocate. It is not about compromising principles, avoiding conflict, or being disingenuous. It is about meeting our counterparts on higher ground. No lawyer’s credibility or reputation – our two key portable professional assets – has suffered from being described as “too professional.” The opposite, of course, is not true. Moreover, judges will tell you, jurors will tell you, and courthouse staff will tell you, that you are a more effective and persuasive advocate when you act in an uncompromisingly professional manner.

For any naysayers, perhaps here is a good place to pause and address just three of the countless reasons why is professionalism important.⁵

First, we all promise that we will act professionally as a condition precedent to practicing law in Illinois. The Preamble to the Illinois Rules of Professional Conduct – that we each swear to abide by – sets forth the compact we have made with each other, our institutions, and the public.⁶ Among the many things to which we have committed is that: “[a] lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.” Ill. Sup. Ct. R. Preamble: a Lawyer's Responsibilities (eff. Jan. 1, 2010). The Preamble continues: “[a]s a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.” Id. Technical knowledge, skill, and excellence in service delivery are necessary, but not sufficient to properly practice law.

Second, the stakes of what we do are simply too high to be done without professionalism. We live in an increasingly fractured and uncivil world, but we are the ones that shape the laws, and our society, with our arguments and advocacy. We have to be better. We ensure the peaceful and orderly administration of the law, put the “civil” in civil litigation, and create credibility in our criminal justice system. That is worth protecting and holding ourselves to a higher standard of conduct. The legitimacy of our legal system is challenged regularly in a variety of ways – and only we can prove its detractors wrong.
Third, if we don’t show respect for our profession and system of justice, we cannot reasonably expect others to do so.

The term “privilege” has, in recent years, taken on a negative connotation. But being a lawyer is a privilege. A well-earned and hard-fought privilege, but a privilege nonetheless. A privilege all the members of the Bar share. With that privilege comes responsibility. One such responsibility is to ensure every generation of lawyers preserves and enhances the profession by training the next. We need to lead by example and demonstrate how one can respectfully disagree without being disagreeable – and always be exceedingly professional. Even in the most contentious situations, especially in the most contentious situations, we need to show that we can “strive mightily, but eat and drink as friends.”⁷ Our profession depends on it.

Edward Casmere is the 2024-2025 chair of the ISBA’s Bench & Bar Section Council, and the co-head of Litigation and Disputes, Chicago, for Norton Rose Fulbright US LLP.