As a youth, George Washington penned two volumes of schoolwork that survive today. The first volume is devoted to mathematics, and reflects an exceptional background, even by todays standards. The second volume contains various legal forms to be used by an 18th century farmer, several poems that Washington liked, and finally a section entitled "Rules of Civility and Decent Behaviour in Company and Conversation." These 110 rules were originally composed or compiled by Jesuits in France about the year 1595 and, after being edited and translated several times, were copied by George Washington. Several of the 110 rules speak to us as lawyers to this day. Here are some examples:

1st Every Action done in Company, ought to be with Some Sign of Respect, to those that are Present.

41st Undertake not to Teach your equal in the art himself Proffesses; it Savours of arrogancy.

58th Let your Conversation be without Malice or Envy, for tis a Sig[n o]f a Tractable and Commendable Nature: And in all Causes of Passion [ad]mit Reason to Govern.

86th In disputes, be not So Desireous to Overcome as not to give Liberty to each one to deliver his Opinion and Submit to the Judgment of the Major Part especially if they are Judges of the Dispute.

110th Labour to keep alive in your Breast that Little Spark of Ce[les]tial fire called Conscience.

Older lawyers here today -- and by older, I of course mean anyone over my relatively young age of 48 -- older lawyers say that compared to when they began practice, lawyers now show less and less of the respect Washington wrote about, and particularly less respect for each other. When polled, 90% of presidents-elect of state and local bar associations believed this lack of respect is a problem in their jurisdictions. Over half believed that the problem exists not only among lawyers, but between lawyers and judges.

The August A.B.A. Journal featured a panel of six experts discussing professionalism. Two of the six were from Missouri -- our fair share -- Dean Burnele Powell and attorney Bill McCalpin. According to the article, attorneys speak to each other in friendly and cordial ways less and less, and make derogatory comments about each other more and more. This breakdown of communication begins a general breakdown in the practice of law. According to the panel, lawyers do not respect each other during discovery, as demonstrated by scheduling discovery without consulting the other attorney, or canceling discovery at the last moment. Some simply do not return phone calls from other lawyers.

In the same A.B.A. Journal, former law school dean and now federal district judge Louis Pollak notes that less communication results from a growing polarization within the bar. Lawyers tend to gather more in specialized groups that reflect the firms where they work or their narrow areas of practice, such as claimant or defense lawyers, debtor or creditor lawyers, prosecution or defense. From their small groups, attorneys look out and see lawyers in the other groups from a distance and are more inclined to question their actions and motives. The other side becomes the "bad guys" or "enemies," says Pollak, while "our side" represents "truth, justice and the American way." When lawyers do speak with each other, it is often as if their minds are tilted by the years of seclusion within their small groups.

I know, to point one finger at others points three back at yourself. Appellate judges must do their part. We should not criticize each other personally in opinions, and we should not be unapproachable. In their courtrooms, tral judges should not berate parties, counsel or appellate judges.

I do want, though, to focus the attention of the bar on civility. "Civility" refers to the respect accorded other lawyers, the courts, litigants, clients and other participants in the legal system. Civility is one component of "professionalism" in the practice of law. Issues relating to "ethics" and attorney discipline also are involved. However, incivility captures those acts that skirt, but do not transgress, the rules of professional conduct.

Civility affects not only how lawyers treat each other, but also how our clients treat us. How can we seek respect from the public if we do not respect each other? Some clients do realize that their legal bills are increased by protracted discovery and litigation delays, or repeated attempts to contact opposing counsel. In the end, incivility not only takes the fun from the practice of law, but it also harms our economic status as well.

I call upon each member of the bar to be civil as he or she practices law. It is easy to blame the other lawyer. Public opinion polls show that 99% of all Americans believe their own behavior is civil, while the overwhelming percentage also think that others behavior is less than civil. Please -- each of you -- reassess your own actions for their effect on the profession and practice of law. It will take all of us -- courts, practicing lawyers, law schools, the public and the media -- to join together to combat the problem of incivility in the practice of law.

The Missouri Bar, as an association, has a key role. I invite The Missouri Bar to consider and make suggestions to improve civility within the practice of law. At least 83 jurisdictions have adopted codes of civility. I ask the bar to consider the wisdom of adopting a permanent statement on civility among attorneys. For example, the federal Court of Appeals for the 7th Circuit has adopted a code of civility -- which focuses on lawyers duties to other counsel and to the courts, and judges duties to counsel and to each other. Lawyers seeking to practice in the 7th Circuit sign a statement indicating that they will follow the civility code.

Much of the literature on professionalism cites abusive discovery tactics. Civil discovery is often a time of uncivil conduct. As part of studying a code of civility, the bar should consider our current rules as well as new rules needed to encourage lawyer cooperation in resolving disputes over filings and discovery.

Five of our 45 judicial circuits have local rules requiring parties to try to resolve discovery disputes before resorting to motions for sanctions. Some federal courts have experimented with local rules allowing parties a period of time after filing to withdraw pleadings and to cancel discovery requests before imposition of sanctions. I would appreciate the bars evaluation of such local rules.

Those who supervise other attorneys should address, and not ignore, complaints about lawyer civility. I ask that senior partners at law firms and heads of government law offices contact uncivil attorneys, discuss their conduct, and counsel them to avoid such conduct in the future.

The law schools and continuing education providers have a critical role -- to develop educational programs to improve law practice and office efficiency for established practitioners and graduating law students. In response to accusations of outrageous behavior, lawyers frequently blame their workload. Programs that attack this root problem could include law office management assistance, assistance with daily law office routines including client billing, calendaring and office scheduling, client management techniques, and assistance to lawyers referred from the disciplinary system. Law schools can ensure that graduating students have these necessary skills before seeking admission to the bar.

But most importantly, and speaking directly to the heart of this issue, communication must be improved within the local bars, particularly between incoming and established members. Mentoring is a way to improve collegiality and provide a network to discuss questions with other members of the legal community. Some states have adopted programs that introduce new lawyers tojudges and the courtroom, and provide networking support to solo and small firms.

Here in sunny Missouri, The Missouri Bar has embarked on a similar pilot project over the past three months, designed to build mentor relationships in 13 counties in southwest Missouri. Approximately 25 to 30 prospective mentors have signed up to counsel not just younger attorneys, but lawyers experiencing changes in their areas of practice, or needing technological assistance. This program is just beginning, but has already attracted interest from lawyers in other parts of the state. This mentoring program fosters communication throughout the bar, and benefits not only the mentor and the protege, but all other parties who come into contact with these two lawyers. As the cover of the pamphlet explaining the program reads, "Your efforts as a mentor could have a positive rippling effect on other lawyers and bring you many personal rewards."

I challenge the regional and local bar associations to develop similar programs within their associations, which could include:

Periodic breakfasts and dinners, including both professional (CLE) and social aspects;

Local meetings between courts, established practitioners and new attorneys after the spring and fall admissions of new lawyers. Judges and clerks can explain local courts practices, and established practitioners can offer guidance to the new attorneys at such meetings;

Larger bar associations can develop committees or subcommittees to provide assistance to smaller firms or firms in transition, either in membership or practice.

This is not just a "lawyer-only" issue. The public has a right to insist on civility in their legal and judicial systems. Whatever ails the legal system affects the rights and remedies of all citizens. Clients may expect their lawyer to be the toughest, meanest lawyer in the contest, but may not consider the long-range ramifications of such tactics. Likewise, the public must be responsible in its demands on the legal system as a whole, and on attorneys as individuals.

We particularly need to educate younger Missourians to bring the justice system alive for them. This Court and The Missouri Bar have sponsored and supported workshops to educate teachers and students on legal topics, and assist teachers in creating lesson plans regarding the Missouri Constitution. The Missouri Bar Young Lawyers Speakers Bureau makes available lawyers at no charge who can speak to schools, civic organizations and groups about the history and organization of our legal system, and many judges commendably speak to all types of groups. Such programs can offset the pictures of the practice of law seen on television sit-coms, and lead to more realistic expectations of what we as lawyers offer the public.

I began by alluding to the "good old days" in the practice of law. However, those of us under age 49 do not think that the best days of practicing law are over. As we have grown as a profession, we have neglected the cooperation that once characterized our profession. I ask today that, while not neglecting the advocacy skills that allow us to meet our clients needs, we remember that we have a duty to the profession to secure its future in our eyes and the publics eyes. The respect we show each other as lawyers will increase the respect the public shows the legal profession.

Thank you, and enjoy this annual meeting of your bar.