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<strong>Professionalism and Civility in the United States District Court </strong>

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In his forty-seventh year on the federal bench, Senior United States District Judge John L. Kane decided that he needed to do more to forestall the hastening decline of the civility of attorneys practicing in Colorado’s federal courts. Forty years earlier, Judge Kane led the effort to bring to Colorado the American Inns of Court, an organization dedicated to professionalism, ethics, civility, and excellence in the legal profession. While Judge Kane had already done as much as anyone in Colorado to promote professionalism, ethics, civility, and excellence in the legal profession, there is no one with more credibility to continue these efforts.

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Perhaps from his leadership in the civil rights movement of the 1960s, Judge Kane knew that successful change is best accomplished through organizing and consensus building. So Judge Kane recruited Michael O’Donnell to join him on his civility quest, due to Mr. O’Donnell’s stature in the legal community and past leadership of The American College of Trial Lawyers.

In 1956, the College published its Code of Trial Conduct, which United States Supreme Court Chief Justice John Roberts described as “an enduring landmark in the development of professional standards for advocates.” Judge Kane and Mr. O’Donnell, with the assistance and leadership of others, including Carolyn Fairless, reviewed the current Code of Pretrial and Trial Conduct with the goal of having the United States District Court for the District of Colorado adopt the Code as an aspirational policy statement for the District. In 2025, following months of hard work from Ms. Fairless and others, the District approved the Code of Pretrial and Trial Conduct as an expression of “the values that govern lawyers appearing in this Court.”

On June 10, 2025, the Faculty of Federal Advocates hosted a special event to mark the occasion. Following opening remarks by Judge Kane, Ms. Fairless presented an overview of the Code’s key tenets. Then, an illustrious panel that included Judge Kane, Senior United States District Judge William J. Martinez, United States District Judge S. Kato Crews, United States Magistrate Judge N. Reid Neureiter, Mr. O’Donnell, and Ms. Fairless, shared commentary and engaged in a spirited discussion with the audience on the Code’s tenets and civility among lawyers in practice.

Judge Kane began with a colorful preaching-to-the-choir analogy, acknowledging that those in the room were likely already civility-minded. Judge Kane nonetheless guaranteed that the evening’s presentation would both engage those present and equip them to evangelize civility to the less initiated. The presentation delivered on both of these guarantees. Judge Kane and Ms. Fairless emphasized that practicing civility keeps practitioners happy in their careers and prevents great colleagues from prematurely departing from the profession.

Mr. O’Donnell and Ms. Fairless, who are both highly esteemed trial lawyers, powerfully dispelled any notion that practicing civility does a disservice to the interests of clients. Mr. O’Donnell and Ms. Fairless used numerous examples to show that attorneys practicing civility, even in the highest of stakes litigation, serve the clients’ interests. Judges Martinez and Crews reinforced this point with anecdotes from their own courtrooms, in which the incivility of attorneys eroded credibility with the judge and the jury, and may have even lost cases.

Magistrate Judge Neureiter offered commentary that an attorney refusing to accommodate an opposing counsel’s reasonable requests for additional time demonstrates to the court, and possibly to that attorney’s client, that the attorney lacks the ability to predict how a judge will rule, which is one of the most essential skills of sophisticated counsel.

While the Code of Pretrial and Trial Conduct is aspirational and not a standard of care, several judges on the panel offered instances where they ordered counsel to comply with its provisions, engage in heightened conferral requirements, or otherwise sanctioned counsel as a remedy for persistent incivility.

Several members in attendance shared their own experiences with particularly civil or uncivil opposing counsel. Others, like Jack Trigg, shared stories about the paragon of civility they observed in watching Judge Kane over the years.

The event carried special significance for me, as it was ten years to the month from the beginning of my internship with Judge Kane. That summer, Judge Kane introduced me to the Faculty of Federal Advocates and the American Inns of Court, taught me countless invaluable lessons, and allowed me to observe his singular example of excellence and civility up close.

You can read the full edition of <em>The FFA's Fall 2025 Newsletter</em> <a href="https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.facultyfederaladvocates.org%2fEmailTracker%2fLinkTracker.ashx%3flinkAndRecipientCode%3dG6uQDkv%252fASoFeHwMAexll16RWiqcGPWbDpgICa0GU63weEm51yyBiaM%252fQE5BE9o5Hh2Pdqz%252fN2Jilv5CBA074k%252fv6tgBpD06oUcxay%252f%252bJ68%253d&amp;c=E,1,fDBUeGamafMtFBtOOWiNzmbewfQSmnpDsSwHBc9CLTfr3xFlR-qC3-_ZgDH36vvKamWeHleJ9yz1qVyxwv9u2MUH7Fbwi__zXq5BGBgO3uciGhWDkz0maX1Ped8,&amp;typo=1" target="_blank" rel="noopener">here.</a>

Colorful abstract digital waves in blue, purple, and pink tones forming smooth, flowing curved lines on a black background.

Colorful abstract digital waves in blue, purple, and pink tones forming smooth, flowing curved lines.

Lance Henry Featured in The FFA’s Fall 2025 Newsletter

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