When
Zeal
Turns
into
Zealotry, Everyone Loses
By Bruce Matez, Esq.
Originally published in the February edition of The Barrister
(Camden County Bar Association)
This past summer, my rabbi (a former attorney) delivered a
stirring and compelling sermon about the difference between
zeal and zealotry, and what happens when people turn their
zeal for a cause into zealotry. As I listened, it occurred to
me that what she was saying had relevance to the practice of
law in general, and specifically the practice of family law. I
could not help but think of some unfortunate situations
wherein an adversary allowed zealous advocacy to become
zealotry.
Many of us remember studying “professional conduct” and
“ethics governing lawyers” in law school, where it was drummed
into our heads that we have an obligation to zealously
represent our clients, while conforming to the Rules of
Professional Conduct. It may be surprising to discover the
“zeal” requirement many of us learned is no longer found in
the ABA Model Rules of Professional Conduct or the New Jersey
Rules of Professional Conduct. Despite the elimination of
“zeal” from the rules governing our ethical conduct, many
family law attorneys continue to recognize the obligation to
zealously represent our clients. However, many of us have
unfortunately witnessed and experienced an adversary turn
“zeal” into “zealotry” in too many cases. Zealous advocacy is
appropriate, professional, and often necessary, whereas
zealotry is harmful to clients and their families, has a
detrimental effect upon the way people perceive attorneys in
general, and can have a devastating impact on our judicial
system. Zealotry in the practice of family law is destructive
and counterproductive, causes a breakdown in civility and
collegiality among attorneys and completely unnecessary.
According to the Merriam-Webster Dictionary, the definition of
“zeal” is a strong feeling of interest and enthusiasm which
makes one eager or determined to do something; or “eagerness
and ardent interest in pursuit of something.” Synonyms of zeal
and zealous include passion, fervor, fire, gusto, vigor, and
intensity.
Zealotry is defined as “the excess of zeal; fanatical
devotion.” Synonyms of a zealot include are: crusader,
fanatic, and militant partisan.
Family Law practitioners should be eager and ardent in
providing representation to our clients. We owe clients our
interest and enthusiasm in addressing their legal concerns.
However, family law attorneys should take care not to become
zealots in their effort to be zealous. It has been my
experience that zealotry, the “excess of zeal” and “fanatical
devotion” in family law cases, exponentially increases legal
fees, adds unnecessary and unprofessional stress between
attorneys, aggravates already tense and difficult situations,
causes existing rifts between parties to widen and become
irreparable, and destroys relationships, with a resultant
negative impact on children, grandchildren, new significant
others, friends, and family. Zealotry in the practice of
family law leads to unprofessional, uncivil, non-collegial
conduct among attorneys, and ultimately increases all of our
receivables.
Our judiciary needs to be trained to properly and adequately
handle and discipline those attorneys who cross the line, who
behave unprofessionally, without civility and collegiality,
and, in a word, become zealots. Zealotry is often found in
letters from an adversary, briefs, certifications, and
statements made on the record. I question and am disturbed by
any unwillingness to take action to stop zealotry in the
practice of family law. Judges are in the best position to
require counsel
zealotry.
to
act
with
professionalism
and
cease
While our Rules of Professional Conduct no longer require
zealous advocacy, we should all strive to represent our
clients with passion, devotion, enthusiasm and eagerness, and
avoid assuming the role of crusader, fanatic, or militant
partisan. Professionalism still suggests we be zealous
advocates, but refrain from becoming zealots. When we all do
so, the practice of family law, our clients, and our noble
profession are all better served.