THE VIRGINIA BAR ASSOCIATION CREED

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.

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