Key Takeaways
- The Court of Chancery’s new civility guidelines memorialize the Court’s long-standing expectation that professionalism, respect and cooperation are core components of advocacy before the Delaware Court of Chancery.
- The civility guidelines apply to all aspects of litigation, including emails with opposing counsel and depositions.
- The Court of Chancery is prepared to impose significant consequences for attorneys and parties who are unwilling to follow the guidelines.
On May 12, 2026, the Delaware Court of Chancery published the new Guidelines on Attorney Civility (the Guidelines), reinforcing what has long been a hallmark of Delaware practice: professionalism, collegiality and respect among counsel and the Court. The Guidelines serve as an important reminder of the standard the Court of Chancery expects attorneys to adhere to during what can frequently be contentious litigation.
The Guidelines establish general civility requirements, which provide guidance as to how attorneys should advocate for their clients and behave in depositions and hearings, as well as written communications.
Regarding professional advocacy, the Guidelines require all attorneys to act with respect toward opposing counsel, the Court and court staff. The Guidelines further stress that attorneys need to act with reasonable diligence and avoid offensive or disruptive tactics and unnecessary delays.
As for depositions, the Guidelines warn against personal attacks, rude gestures and unnecessary objections during depositions. They discourage the use of speaking objections and stress that objections should be concise and legally grounded. All arguments should be focused on the merits of the case rather than on denigrating the other side.
The Guidelines state that “[a]ll written communications, including letters and emails, should be professional and free of inflammatory rhetoric or disparagement.” The Guidelines warn attorneys to be mindful of their tone. All submissions to the court must be respectful and concise and avoid derogatory language about the opposing side.
Examples of Civility
To provide practical guidance, the Court includes concrete examples of behavior that exemplifies civility. These examples are particularly useful for practitioners navigating contentious litigation.
Among the cited best practices:
- Cooperation and issue narrowing. Working collaboratively with opposing counsel to narrow disputes and minimize motion practice demonstrates professionalism and respect for judicial resources.
- Good-faith communication. Maintaining a cooperative and problem-solving tone, particularly in written communications.
- Use of informal resolution efforts. Attempting to resolve disagreements through phone calls before initiating formal written exchanges.
- Timely responsiveness. Promptly acknowledging communications from opposing counsel, even if only to provide a timeline for a substantive response.
- Professional demeanor at all times. Attorneys are encouraged to conduct themselves as though they are always in the presence of the Court, even in interactions with opposing counsel.
Examples of Incivility
Equally important are the Guidelines’ concrete examples of unacceptable conduct – many of which will resonate with practitioners who have encountered difficult opposing counsel. The Guidelines provide examples based on depositions, communications and litigation tactics, including:
- Repeatedly interrupting deposition proceedings
- Improperly instructing witnesses not to answer without a valid basis or intent to seek a protective order
- “Chippy” or antagonistic email exchanges
- Failing to meet and confer before bringing disputes to the Court
- Propounding unnecessary or overly burdensome discovery requests
Court-Ordered Remedies and Consequences for Incivility
To reinforce the Court of Chancery’s expectations, the Guidelines set forth a reminder that the lack of civility has consequences, including:
- Fee shifting under the bad-faith exception
- Sanctions or monetary fines for abusive or frivolous conduct
- Mandatory ethics training or continuing legal education
- Revocation of pro hac vice admission
Conclusion
The Delaware Court of Chancery’s new civility Guidelines reflect and reinforce the unique culture of Delaware practice: one that prioritizes professionalism, efficiency and respect. While most practitioners in Delaware already adhere to these standards, the Guidelines provide a clear framework for a civil practice. For those litigating in front of the Delaware Court of Chancery, the takeaway is straightforward: Effective advocacy in Delaware requires consistent commitment to civility.
