The Texas Lawyer's Creed 30 Years Later
A renewed focus on the conduct, behavior, and credibility of the legal profession.
By Suzanne Mann Duvall
“I am committed to the
Creed for no other reason than it is right.”
—Preface, Texas Lawyer’s Creed
Article I of the Texas Lawyer’s Creed states, “A lawyer owes to the
administration of justice personal dignity, integrity, and independence.
A lawyer should always adhere to the highest principles of
professionalism.”
Thirty years ago, the highest courts in Texas responded to concerns
expressed by the Dallas and Houston bar associations about the overly
aggressive actions of a few “Rambo-like” members of the profession. One
court warned of the threat to the administration of justice by
“pernicious” and “unnecessary contentious and sharp practices between
lawyers.” As a result, following the appointment of a committee to study
the issue and the subsequent recommendations of that committee, in
November 1989, the Texas Supreme Court and the Texas Court of Criminal
Appeals stepped in before the problem became too widespread and issued
the Texas Lawyer’s Creed by court order—an order that is still in effect
today.
The courts sent out thousands of copies of the creed to lawyers and
judges throughout Texas to ensure it was impressed upon the
consciousness of all members of the profession. However, over time, the
presence of the creed as a “tool” of legal practice faded into the
background. Six or seven years ago, I was speaking to a seminar of about
300 Dallas lawyers and I asked for a show of hands of all who had heard
of the Texas Lawyer’s Creed. Only about three or four raised their
hands.
I was shocked and puzzled. It had been more than 20 years since the
issuance of the Texas Lawyer’s Creed in a court order handed down by the
Texas Supreme Court and the Court of Criminal Appeals. Did the tiny
number of lawyers in the room who had ever heard of the creed mean that
we had done such a great job of accomplishing civility and
professionalism in the practice of law that the creed had achieved its
goal and served its purpose? Was the creed no longer necessary? Or had
the observance of civility and professionalism become less important and
the contentious practices the creed condemned once again become
common—even accepted—practice?
In her tenure as chair of the State Bar of Texas Professionalism
Committee, Kenda Culpepper embraced the creed and, working with
then-State Bar President Buck Files, initiated a renewed focus on it.
Under their leadership, the Supreme Court and Court of Criminal Appeals
reaffirmed the creed. That action by the courts, coupled with the
declaration by 2017-2018 State Bar of Texas President Tom Vick that
“Civility and Professionalism Matter,” has resulted in a renewed
attention on the existence and importance of the creed (which, after
all, is a court order) and upon the behavior of attorneys in
their practice.
The Professionalism Committee has undertaken providing “Days of
Civility” at the state level and supporting local bar associations in
holding local “Days of Civility” programs all over Texas. Additionally,
as was done when the creed was first ordered, thousands of copies of the
creed have been provided to attorneys, judges, courts, and bar
associations. Copies remain available through the Professionalism
Committee upon request by emailing professionalism@texasbar.com.
These activities and efforts are, once again, focusing members of the
profession on the importance of their conduct and behavior in their
interaction with colleagues, the courts, and clients. Their behavior and
conduct truly does matter in the reputation, public image, and
credibility of the legal profession.
On behalf of the Professionalism Committee, I urge all lawyers to be a
part of creating and maintaining a positive image—and reality—of the
legal profession by conducting themselves as models of civility and
professionalism.TBJ
SUZANNE MANN DUVALL
is an attorney-mediator in Dallas with over 800 hours of training in
mediation, arbitration, and negotiation. She has mediated over 3,500
cases to resolution and serves as a faculty member, lecturer, and
trainer for numerous dispute resolution organizations in Texas and
nationwide. She is currently chair of the State Bar of Texas
Professionalism Committee.