The Bencher | Extra | May 2023

The William A. Ingram American Inn of Court Student Essay Contest Winning Essay

The William A. Ingram American Inn of Court in Santa Clara, California, hosted its third Student Essay Contest for local law students, including the law student members of the Inn. The Inn’s Outreach and Service Committee offered this opportunity for students to contribute in meaningful way to the Inn’s mission of promoting ethics and civility in the practice of law and enhance pupillage mentorship. The topic of the essay this year was: “What are the lasting impacts of the COVID-19 Pandemic on civility and professionalism in the practice of law?”

The 2023 winning essay was entered by Nikole Slaton, a rising 3L at Santa Clara University. According to the Ingram Inn, Slaton’s choice to interview local attorneys demonstrated her unique and creative approach to the topic, and ultimately led to the selection of her essay as the winning submission to the contest. Her interactions with local attorneys about the impact of the pandemic highlighted the importance of identifying and serving client needs, and that extending grace to peers will be an essential element of her legal practice.

Before law school, Slaton completed a Bachelor of Arts in Political Science from the University of California at Berkeley and worked with Teach for America. She aspires to become a tax attorney working with exempt organizations.

The winning essay can be read below:

The Lasting Impacts of the COVID-19 Pandemic on Civility and Professionalism in the Practice of Law

By Nikole Slaton

When prompted to explore the lasting impacts of the COVID-19 pandemic on civility and professionalism in the practice of law, I knew any meaningful contribution to the discussion would need solid evidence to back it up. I designed a survey to gauge the opinion of attorneys who were practicing law during the pandemic and distributed the survey to about 40 attorneys from a medium sized firm, a big law firm, and a government agency. I received 11 responses and wrote my essay based on the attorneys’ input. Most of my survey respondents saw a decrease in professionalism, and an increase in civility in the practice of law as a result of remote work during the pandemic. This essay explores the results of my survey, as well as my view of civility and professionalism as an aspiring attorney.

Civility

As a student, I have had the impression that civility is a virtue in the practice of law. During my undergraduate studies in the political science department at the University of California, Berkeley, there was plenty of emphasis on learning the skill of being able to deliver strong arguments and actively debate in a civil manner. We were taught that lawyers and politicians can most effectively provide services when all parties treat each other with civility.

Though not all respondents shared the opinion that civility in the practice of law had changed at all as a result of the pandemic, the attorneys that did notice a change found the difference to be positive. Some attorneys believe civility increased in the legal profession as a result of the pandemic. This belief stems from the vulnerability that working from home and using video conferencing apps necessitated.  Attorneys’ work and home life began to bleed together. Schedules became more flexible, and more grace and empathy were extended to each other. One attorney noted that the pandemic normalized sharing information about one’s family with clients and coworkers as everyone was more cognizant of each other’s health and wellness.

Professionalism

As a first generation, low-income student, my understanding of professionalism has always been murky. I have always known that professionalism in the practice of law is different from the standard of professionalism in the grocery store or the bus yard where my parents worked. I did not understand the difference until I came to law school. Those who want to become lawyers are expected to adopt and display the attitudes, interests, values, and knowledge of those already practicing law. Though this expectation maintains the profession’s distinguished status, it creates barriers to a more diverse pool of attorneys.

The majority of the survey respondents indicated that they believed that professionalism in the practice of law changed during the pandemic. All respondents who observed a change in professionalism pointed to a decrease in formalities overall. For instance, remote work changed the way that attorneys dress. Without a commute and an in-person workspace, many attorneys found themselves wearing professional attire less often, if at all. Although shelter-in-place mandates have been lifted and in-office work has resumed, many law firms have become more lenient with dress codes to incentivize attendance. As one attorney put it: “Soft pants in the office isn’t weird anymore!”

Remote work also changed the way attorneys communicate with clients. Before the pandemic, attorneys communicated with clients by phone calls and emails, with occasional in-person meetings. Many responding attorneys noted there is much more reliance on video conferencing to compensate for a lack of in-person meetings. These attorneys find that since returning to the office, there has been a shift to more live, synchronous communication with clients from asynchronous lines of communication.

The responses to my survey on professionalism surprised me. I had never thought about the ways that certain aspects of professionalism could burden those who had already been integrated into the profession. Finding that even experienced attorneys sometimes felt overwhelmed with the formality required for the profession was validating for me. My experience is not indicative of an underlying shortcoming. Attorneys can be great at their job and have some less-than-positive feelings towards the formalities required of them.

Moving Forward

Because the COVID-19 pandemic pushed legal practitioners to be more vulnerable and share more about their personal lives during a difficult time, civility became more important. In a profession known for being stressful, an increase in civility cannot be a bad outcome.

Remote work granted attorneys the opportunity to work without dressing in a full suit each day and, for some attorneys. Although I concede that sweatpants aren’t appropriate in every setting and that there is value in presenting in a way that inspires clients to have confidence in their attorney, we have seen that there is room for a more expansive view of professionalism. An attorney’s work will retain its quality whether it was completed in ‘soft pants’ or in slacks.

Those practicing law should work to continue the positive effects of the pandemic and strive to avoid the negative ones. Though better flexibility in scheduling is important for the happiness of practitioners, we should avoid becoming too lax. While we might expand our view of professional attire, we should be careful not to compromise our clients’ trust and our own credibility.

When I practice law, I plan to contribute to this effort by remembering the needs of my clients and coworkers. As a result of the pandemic, clients may expect more live communication than the average attorney would deem necessary because it has become the norm. I believe it is an ethical responsibility to communicate effectively with clients and in their preferred method. Further, although it may be easy to forget civility and give less grace to peers in the name of upholding professionalism, I intend to make a point of extending grace to my peers. Attorneys have taken on great responsibility and are held to the highest moral and professional standards. The practice of law truly can be executed more effectively when we perform with civility and professionalism.