| As a
lawyer, I must strive to make our system of justice work fairly and efficiently. In
order to carry out that responsibility, not only will I comply with the letter and spirit
of the disciplinary standards applicable to all lawyers, but I will also conduct myself in
accordance with the following Creed of Professionalism when dealing with my client,
opposing parties, their counsel, the courts and the general public.
A. With
respect to my client:
I will be loyal and
committed to my client's cause, but I will not permit that loyalty and commitment to
interfere with my ability to provide my client with objective and independent advice;
I will endeavor to achieve my client's
lawful objectives in business transactions and in litigation as expeditiously and
economically as possible;
In appropriate cases, I will counsel my
client with respect to mediation, arbitration and other alternative methods of resolving
disputes;
I will advise my client against pursuing
litigation (or any other course of action) that is without merit and against insisting on
tactics which are intended to delay resolution of the matter or to harass or drain the
financial resources of the opposing party;
I will advise my client that civility and
courtesy are not to be equated with weakness;
While I must abide by my client's decision
concerning the objectives of the representation, I nevertheless will counsel my client
that a willingness to initiate or engage in settlement discussions is consistent with
zealous and effective representation.
B. With respect to
opposing parties and their counsel:
I will endeavor to be
courteous and civil, both in oral and in written communications;
I will not knowingly make statements of fact
or of law that are untrue;
In litigation proceedings I will agree to
reasonable requests for extensions of time or for waiver of procedural formalities when
the legitimate interests of my client will not be adversely affected;
I will endeavor to consult with opposing
counsel before scheduling depositions and meetings and before re-scheduling hearings, and
I will cooperate with opposing counsel when scheduling changes are requested;
I will refrain from utilizing litigation or
any other course of conduct to harass the opposing party;
I will refrain from engaging in excessive
and abusive discovery, and I will comply with all reasonable discovery requests;
I will refrain from utilizing delaying
tactics;
In depositions and other proceedings, and in
negotiations, I will conduct myself with dignity, avoid making groundless objectives and
refrain from engaging in acts of rudeness or disrespect;
I will not serve motions and pleadings on
the other party, or his counsel, at such a time or in such a manner as will unfairly limit
the other party's opportunity to respond;
In business transactions I will not quarrel
over matters of form or style, but will concentrate on matters of substance
and content;\
I will clearly identify, for other counsel
or parties, all changes that I have made in documents submitted to me for review.
C. With respect to the
courts and other tribunals:
I will be a vigorous and zealous advocate on
behalf of my client, while recognizing, as an officer of the court, that excessive zeal
may be detrimental to my client's interests as well as to the proper functioning of our
system of justice;
Where consistent with my client's interests,
I will communicate with opposing counsel in an effort to avoid litigation and to resolve
litigation that has actually commenced;
I will voluntarily withdraw claims or
defenses when it becomes apparent that they do not have merit or are superfluous;
I will refrain from filing frivolous
motions;
I will make every effort to agree with other
counsel, as early as possible, on a voluntary exchange of information and on a plan for
discovery;
I will attempt to resolve, by agreement, my
objections to matters contained in my opponent's pleadings and discovery requests;
When scheduled hearings or depositions have
to be canceled, I will notify opposing counsel, and, if appropriate, the court (or other
tribunal) as early as possible;
Before dates for hearings or trials are set
-- or, if that is not feasible, immediately after such dates have been set -- I will
attempt to verify the availability of key participants and witnesses so that I can
promptly notify the court (or other tribunal) and opposing counsel of any likely problem
in that regard;
In civil matters, I will stipulate to facts
as to which there is no genuine dispute;
I will endeavor to be punctual in attending
court hearings, conferences and depositions;
I will at all times be candid with the
court.
D. With respect to the
public and to our system of justice:
I will remember that, in addition to
commitment to my client's cause, my responsibilities as a lawyer include a devotion to the
public good;
I will endeavor to keep myself current in
the areas in which I practice and, when necessary, will associate with, or refer my client
to, counsel knowledgeable in another field of practice;
I will be mindful of the fact that, as a
member of a self-regulating profession, it is incumbent on me to report violations by
fellow lawyers of any disciplinary rule;
I will be mindful of the need to protect the
image of the legal profession in the eyes of the public and will be so guided when
considering methods and contents of advertising;
I will be mindful that the law is a learned
profession and that among its desirable goals are devotion to public service, improvement
of administration of justice, and the contribution of uncompensated time and civic
influence on behalf of those persons who cannot afford adequate legal assistance.
TIPS on
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