The case Karton v. Ari Design & Construction, Inc. (2021) 61 Cal.App.5th 734, addressed civility, among other issues. The plaintiff was an attorney who had a dispute with an unlicensed contractor. The contractor defendant owed the plaintiff $22,096, but Plaintiff’s judgment was for $133,792 because the defendant was unlicensed and had to pay penalties. The Plaintiff’s filings lacked civility as they attacked defense counsel. Plaintiff sought over $500,000 in attorney’s fees. The trial court denied the request, finding the request was not adequately supported and that the plaintiff had over-litigated the case.
The Court of Appeal held that when making fee awards, trial courts properly consider whether the attorney seeking the fee has become personally embroiled, has over-litigated, or whether incivility has affected the litigation costs. The Court of Appeal stated: “Civility is an aspect of skill. Excellent lawyers deserve higher fees, and excellent lawyers are civil…Civility is an ethical component of professionalism. Civility is desirable in litigation, not only because it is ethically required for its own sake, but also because it is socially advantageous: it lowers the costs of dispute resolution. The American legal profession exists to help people resolve disputes cheaply, swiftly, fairly, and justly. Incivility between counsel is sand in the gears…”