September 16, 2025 - by Marisa A. Trasatti

Reaffirming the Lawyer’s Role in Civil Discourse:

Lawyers are uniquely positioned to mend our frayed civil fabric. We must lead by example.

The tragic murders of people involved in our legislative system and public discourse that have occurred this summer are a sober reminder of how dangerously fragile our civic fabric has become, and that we, as lawyers and leaders in this civil society, have our work cut out for us. That said, we are fortunate to have a Board of Governors made up of individuals who are not only incredible lawyers, but also strong leaders and just plain GREAT people.  Your Board met in person for business and fellowship on September 11, 2025.  At the suggestion of Wally Kleid, a Governor on our Board, the Board took a moment of silence to recognize the solemn nature of September 11th and the most recent senseless loss of Charlie Kirk. To say I was proud to be part of this diverse organization at that moment in time is an understatement. Wally, I am proud to lead MSBA with you, and your leadership at the Board meeting inspired this month’s President’s Message.      

Intimidation or violence in response to political disagreement reflects not just the deterioration of our public square but also the corrosion of the fundamental bonds of civility that hold any democracy together. For lawyers, whose professional lives revolve around disputes, advocacy, and rhetoric, we cannot be passive onlookers to the decline of civil discourse, because our profession is uniquely equipped—and ethically bound—to model a better way.  

As you know, civility and professionalism are part of my initiatives this year. If we, as lawyers, recommit ourselves to dialogue that is measured, respectful, and empathetic—even toward those with whom we sharply disagree—we can help steer our communities away from the abyss of contempt and violence. In a time when discourse feels impossible, lawyers can show that the essence of disagreement need not be hatred, and that dignity in debate is not a relic, but a necessity.

The Loss of Civil Disagreement

Every democracy depends on the ability of its citizens to exchange ideas, even passionately, without resorting to intimidation or force.. What begins with harsh words escalates into vilification, and vilification unchecked can harden into violence. The public discourse has descended into caricature, sound bites, and dehumanization—a world in which winning the argument appears to matter more than preserving diversity of thought, opinion, and our First Amendment Right to Freedom of Speech.

Lawyers as Stewards of Civility

Lawyers are not immune to the shortening tempers of our times. Court filings, media appearances, and even professional exchanges can fall prey to the same incendiary rhetoric. Yet, the very training of the profession points to a different path. The adversarial system presumes conflict, but it also presumes boundaries: rules of procedure, standards of evidence, canons of ethics, and the respect owed to courts and opponents alike. When lawyers honor those boundaries, they remind the wider public that disagreement can be fierce without being destructive. That in turn leads to public confidence in the legal profession.

The Obligation to Ratchet Down the Temperature

The role of the lawyer has always been dual: advocate and officer of the court. That second role demands we take the long view. If legal disputes devolved into intimidation or violence, the rule of law would collapse. Society itself would unravel. Lawyers, therefore, carry a particular responsibility to demonstrate that civility is not weakness but strength; that persuasion is more enduring than coercion; and that to win today at the cost of scorched earth tomorrow is no victory worth having.

This is why our rhetoric matters. Every brief, every oral argument, every negotiation is an opportunity either to escalate hostility or to cultivate mutual respect. By acknowledging the merits of opposing arguments even while dismantling them, we do more than practice law—we practice leadership in civic life, and we model civility for the public at large.  Our society has forgotten what civil discourse means, and we, as lawyers, can remedy this through our leadership. 

Rebuilding the Civic Compact

The world is watching the legal profession. If an era of renewed civility is to emerge, it will not begin in government chambers or on television stages alone. It will also begin in courtrooms, law offices, and negotiations where lawyers prove daily that words can persuade without spreading hatred. Our duty is to ensure that civil discourse survives, so that intimidation or violence does not become an answer to a difference of opinion.