President's Page • April 2025
To Coin A Phrase,
‘A Good Reputation Is More
Precious Than Gold’
Above: Misminted Belarusian gold coin.
The animal
is a “zubr,” a European bison.
Photo courtesy of Steve Benesh.
In 1999, I tried a lawsuit before Judge David Hittner in Houston relating to the misminting of Belarusian gold rubles. The dispute arose out of the coins’ minting process. When the gold was rolled like dough before being cut into round blanks like cookies, tiny, unnoticeable flecks of iron from the metal rollers were inadvertently embedded into the surface of the gold. Later, after the coins were minted, the iron flecks began to rust as the coins were exposed to humidity and moisture, causing unsightly reddish blotches on the coins’ surface.
Because it is common knowledge that gold does not rust, people began to question whether the coins were really gold at all. Rumors spread of a fraudulent scam—a“Bela Ruse,” as we told the jury—and public trust in the coins eroded. No matter how emphatically it was stressed that the coins were solid, 24-carat gold, too few believed it. In the end, almost all the coins were withdrawn and melted down.
A familiar parable says, “A good reputation and respect are worth much more than silver or gold.” As attorneys, we must be firmly committed to the highest standards in all our dealings with clients, counsel, courts, and the public at large. To do otherwise risks leaving a stain upon our reputations and the perception of our profession that no measure of effort or explanation can easily remove. Here are a few tips for maintaining our reputation as competent and effective lawyers.
TIMELY COMMUNICATION. In the 1990s, I served on a district grievance committee for several years. By far, the most common grievances we encountered were complaints about poor communication with clients. The words “communicate” or “communication” appear nearly 150 times in the Texas Disciplinary Rules of Professional Conduct; indeed, it is the sole subject of Rule 1.03. Yet, lawyers are often guilty of providing tardy or insufficient information to our clients, other counsel, and the court, and it detrimentally impacts our reputations. When it comes to communication, I ask two things of my team. First, respond to all work-related calls and email—or at least, acknowledge receipt—by the end of the workday, even if the reply is a simple, “I’m tied up right now, but I’ll get back to you soon.” And second, when they are going to be out of pocket for the day, leave “out of office” notifications to temper expectations about the timing of their replies.
CANDID CASE ASSESSMENTS. As advocates, attorneys are sometimes subject to the temptation to oversell our clients’ matters by making unrealistic predictions or promises about hoped-for outcomes. Then, when things don’t work out, clients can feel dissatisfied, disappointed, and sometimes, misinformed, which can greatly damage our reputation. Disciplinary Rule 2.01 requires attorneys to render candid, straightforward advice, which, as Comment 1 thereto reminds us, “often involves unpleasant facts and alternatives that a client may be disinclined to confront.”
COMPETENCE IN RELEVANT TECHNOLOGIES. Rule 1.01 of the Texas Disciplinary Rules imposes on lawyers a duty to provide competent representation to our clients. Comment 8 to that rule explains that this duty includes “remain[ing] proficient and competent in the practice of law, including the benefits and risks associated with relevant technology.” Thus, included within an attorney’s obligation to stay current on legal developments and best practices is a duty to keep abreast of the benefits of relevant emerging technologies, such as generative artificial intelligence and cloud-based case management tools. Failure to do so can negatively impact our representation and reputation.
Reputation and professionalism are two sides of the same coin. May our esteem as attorneys not be based on awards or titles, but instead arise from the services we faithfully and diligently render.
STEVE BENESH
President, 2024-2025
State Bar of Texas
