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State Bar & Bar Associations,
Ethics/Professional Responsibility

Jan. 31, 2024

California’s new civility MCLE requirement should focus on bias-driven incivility

While the revised Rule does not address incivility within organizations, it is important to note that lawyers who are uncivil to opposing counsel are likely uncivil toward their coworkers, which affects productivity and attrition.

In September 2021, the California Civility Task Force, sponsored by the California Lawyers Association and the California Judges Association, issued a report proposing four key initiatives for improving civility within the legal profession. One of the Task Force's original proposals was to require one hour of MCLE civility training that "should highlight the link between bias and incivility and urge lawyers to eliminate bias-driven incivility." $95

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