PREAMBLE:
The practice of law is and must remain a profession. As members of
an honored profession, lawyers are expected to exhibit the highest
standards of honesty and integrity. In addition, lawyers must strive
to achieve a sense of personal honor which should be manifested, in
part, by a vigorous devotion to civility in the courts, to clients
and to other lawyers. Courtesy is neither a relic of the past nor
a sign of less than fully committed advocacy. Courtesy is simply the
mechanism by which lawyers can deal with daily conflict without damaging
their relationships with their fellow lawyers and their own well-being.
Toward that end, lawyers should aspire to the following Principles
of Professionalism:
As
to the Courts And Other Tribunals
As a professional,
I should always:
- Avoid non-essential
litigation and non-essential pleading in litigation.
- Communicate
with opposing counsel in an effort to avoid litigation and to attempt
to resolve the litigation that has commenced.
- Attempt to
resolve by non-coerced agreement my objections to matters contained
in my opponent's pleadings and discovery requests.
- Prevent misuses
of court time by verifying the availability of key participants
for scheduled appearances before the court.
- Stipulate to
facts in civil matters as to which there is no genuine dispute.
- Speak or write
courteously and respectfully in all communications with a court
or tribunal and show my respect by my attire and demeanor.
- Exercise candor
with the court at all times and act with complete honesty.
As
To Opposing Parties And Their Counsel
And Other Colleagues In the Practice of Law
As a professional,
I should always:
- Attempt to
determine compatible dates with opposing counsel before scheduling
motions, meetings and depositions.
- Avoid serving
motions or pleadings in such a manner or at such a time as to harass
opposing counsel or preclude an opportunity for a competent response.
- Attempt to
resolve any dispute with opposing counsel prior to filing any notice
or scheduling any hearing.
- Exercise courtesy
and civility in all communications and avoid rudeness and other
acts of disrespect in all meetings, including depositions and negotiations.
- Identify clearly
all changes made in documents submitted to opposing counsel for
review.
- Respect the
commitments of others by striving to always be punctual.
- Remember that
the conflict is between the clients and not the lawyers.
- Respond promptly
to all requests by opposing counsel.
- Avoid personal
criticism of another lawyer.
- Set a good
example for and assist newer members of the bar.
As
To Clients And The Public
As a professional,
I should always:
- Remember that
my responsibilities as a lawyer include a devotion to the public
good, respect for the civil rights and sensibilities of others and
a willingness to provide pro bono or reduced fee services where
appropriate.
- Counsel clients
about alternative forms of dispute resolution where appropriate
and available.
- Counsel clients
about the value of cooperation and compromise in the resolution
of disputes.
- Advise clients
against pursuing litigation or other actions that are without merit
or intended merely to harass, delay or exhaust the financial resources
of the opposing party.
- Reach clear
agreements, preferably in writing, with clients concerning the nature
of the representation and the fees to be charged.
- Keep clients
advised as to the progress of their case or other matters being
handled and communicate promptly and clearly with clients.
- Strive to achieve
my client's goals expeditiously and at a reasonable fee.
- Consider the
effect of my conduct and deportment on the image of lawyers and
the system of justice.
- Recognize that
uncivil conduct does not advance and may compromise the rights of
my clients.
