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A Mandate For Professionalism
Promulgated by The Supreme Court of Texas and The Court of Criminal Appeals
I am a lawyer. I am entrusted by the People of Texas to
preserve and improve our legal system. I am licensed by the Supreme Court
of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional
Conduct, but I know that Professionalism requires more than merely avoiding
the violation of laws and rules. I am committed to this Creed for no other
reason than it is right.
I. Our Legal System
A lawyer owes to the administration of justice personal dignity,
integrity, and independence. A lawyer should always adhere to the highest
principles of professionalism.
- I am passionately proud of my profession. Therefore, "My word is my
bond."
- I am responsible to assure that all persons have access to competent
representation regardless of wealth or position in life.
- I commit myself to an adequate and effective pro bono program.
- I am obligated to educate my clients, the public, and other lawyers
regarding the spirit and letter of this Creed.
- I will always be conscious of my duty to the judicial system.
II. Lawyer To Client
A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer
shall employ all appropriate legal means to protect and advance the client's
legitimate rights, claims, and objectives. A lawyer shall not be deterred
by any real or imagined fear of judicial disfavor or public unpopularity,
nor be influenced by mere self-interest.
- I will advise my client of the contents of this creed when undertaking
representation.
- I will endeavor to achieve my client's lawful objectives in legal transactions
and in litigation as quickly and economically as possible.
- I will be loyal and committed to my client's lawful objectives, but
I will not permit that loyalty and commitment to interfere with my duty
to provide objective and independent advice.
- I will advise my client that civility and courtesy are expected and
are not a sign of weakness.
- I will advise my client of proper and expected behavior.
- I will treat adverse parties and witnesses with fairness and due consideration.
A client has no right to demand that I abuse anyone or indulge in any offensive
conduct.
- I will advise my client that we will not pursue conduct which is intended
primarily to harass or drain the financial resources of the opposing party.
- I will advise my client that we will not pursue tactics which are intended
primarily for delay.
- I will advise my client that we will not pursue any course of action
which is without merit.
- I will advise my client that I reserve the right to determine whether
to grant accommodations to opposing counsel in all matters that do not adversely
affect my client's lawful objectives. A client has no right to instruct
me to refuse reasonable requests made by other counsel.
- I will advise my client regarding the availability of mediation, arbitration,
and other alternative methods of resolving and settling disputes.
III. Lawyer To Lawyer
A lawyer owes to opposing counsel, in the conduct of legal transactions
and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous
observance of all agreements and mutual understandings. Ill feelings between
clients shall not influence a lawyer's conduct, attitude, or demeanor toward
opposing counsel. A lawyer shall not engage in unprofessional conduct in
retaliation against other unprofessional conduct.
- I will be courteous, civil, and prompt in oral and written communications.
- I will not quarrel over matters of form or style, but I will concentrate
on matters of substance.
- I will identify for other counsel or parties all changes I have made
in documents submitted for review.
- I will attempt to prepare documents which correctly reflect the agreement
of the parties. I will not include provisions which have not been agreed
upon or omit provisions which are necessary to reflect the agreement of
the parties.
- I will notify opposing counsel, and, if appropriate, the Court or other
persons, as soon as practicable, when hearings, depositions, meetings, conferences
or closings are cancelled.
- I will agree to reasonable requests for extensions of time and for waiver
of procedural formalities, provided legitimate objectives of my client will
not be adversely affected.
- I will not serve motions or pleadings in any manner that unfairly limits
another party's opportunity to respond.
- I will attempt to resolve by agreement my objections to matters contained
in pleadings and discovery requests and responses.
- I can disagree without being disagreeable. I recognize that effective
representation does not require antagonistic or obnoxious behavior. I will
neither encourage nor knowingly permit my client or anyone under my control
to do anything which would be unethical or improper if done by me.
- I will not, without good cause, attribute bad motives or unethical conduct
to opposing counsel nor bring the profession into disrepute by unfounded
accusations of impropriety. I will avoid disparaging personal remarks or
acrimony towards opposing counsel, parties and witnesses. I will not be
influenced by any ill feeling between clients. I will abstain from any allusion
to personal peculiarities or idiosyncrasies of opposing counsel.
- I will not take advantage, by causing any default or dismissal to be
rendered, when I know the identity of an opposing counsel, without first
inquiring about that counsel_s intention to proceed.
- I will promptly submit orders to the Court. I will deliver copies to
opposing counsel before or contemporaneously with submission to the Court.
I will promptly approve the form of orders which accurately reflect the
substance of the rulings of the Court.
- I will not attempt to gain an unfair advantage by sending the Court
or its staff correspondence or copies of correspondence.
- I will not arbitrarily schedule a deposition, Court appearance, or hearing
until a good faith effort has been made to schedule it by agreement.
- I will readily stipulate to undisputed facts in order to avoid needless
costs or inconvenience for any party.
- I will refrain from excessive and abusive discovery.
- I will comply with all reasonable discovery requests. I will not resist
discovery requests which are not objectionable. I will not make objections
nor give instructions to a witness for the purpose of delaying or obstructing
the discovery process. I will encourage witnesses to respond to all deposition
questions which are reasonably understandable. I will neither encourage
nor permit my witness to quibble about words where their meaning is reasonably
clear.
- I will not seek Court intervention to obtain discovery which is clearly
improper and not discoverable.
- I will not seek sanctions or disqualification unless it is necessary
for protection of my client's lawful objectives or is fully justified by
the circumstances.
IV. Lawyer And Judge
Lawyers and judges owe each other respect, diligence, candor, punctuality,
and protection against unjust and improper criticism and attack. Lawyers
and judges are equally responsible to protect the dignity and independence
of the Court and the profession.
- I will always recognize that the position of judge is the symbol of
both the judicial system and administration of justice. I will refrain from
conduct that degrades this symbol.
- I will conduct myself in Court in a professional manner and demonstrate
my respect for the Court and the law.
- I will treat counsel, opposing parties, the Court, and members of the
Court staff with courtesy and civility.
- I will be punctual.
- I will not engage in any conduct which offends the dignity and decorum
of proceedings.
- I will not knowingly misrepresent, mischaracterize, misquote or miscite
facts or authorities to gain an advantage.
- I will respect the rulings of the Court.
- I will give the issues in controversy deliberate, impartial and studied
analysis and consideration.
- I will be considerate of the time constraints and pressures imposed
upon the Court, Court staff and counsel in efforts to administer justice
and resolve disputes.
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