OTLA Trial Lawyer Summer 2024

an important thread in the fabric of our democracy; however, equally important, is having open hearts and minds to the many perspectives. We must make room in our interactions to act with humanity. I believe each of us, especially as lawyers, have a central role to play because history lives in the present. Civics education provides individuals with an understanding of how the American government works while fostering the skills necessary to discuss issues civilly and collaboratively and supplying a desire to actively participate in American society. As members of the legal profession, we have both the ability and the obligation to collaborate on facilitating civics education and creating opportunities for that education. Lawyers and judges are both uniquely positioned to promote civics education, highlight how to do so in a civil and collaborative manner, and, in some instances, demonstrate civics in action. Civics education is a bipartisan issue — both Democratic and Republican government actors have recognized the value of a public that understands its government and its role within that government.3 In fostering civics education, we must also seek to foster community by maintaining respect and civility as we work together to fill knowledge gaps. Civics, civility, and collaboration encourages and builds confidence in the justice system, the Constitution and the rule of law. The need for civility in these discussions is why the legal community is an essential component to promoting engagement in civics education. The essence of a lawyer’s role is to “agree to disagree.”4 When motions are filed and oral arguments are heard, or when an attorney objects to the admission of evidence, each attorney believes their position is correct. However, the arguments are maintained with civility because each attorney is trained to focus on the merits of their position and the arguments being made rather than the individual who is making the opposing argument.5 When the judge makes their ruling, the losing attorney takes the loss with respect and, although they may disagree with the decision, the attorney continues with the trial in a civil manner. An attorney’s job is innately adversarial, but an adversarial role does not require “Lawyers and judges are both uniquely positioned to promote civics education, highlight how to do so in a civil and collaborative manner, and, in some instances, demonstrate civics in action.” “In fostering civics education, we must also seek to foster community by maintaining respect and civility as we work together to fill knowledge gaps.” View from the Bench continued from p. 11 12 Trial Lawyer | Summer 2024

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