Laserfiche WebLink
THE COURT'S RELATIONSHIP WITH COUNSEL <br /> Unprofessionalism can exist only to the extent it is tolerated by the court. Because courts grant the right to practice <br /> law, they control the manner in which the practice is conducted. The right to practice requires counsel to conduct <br /> themselves in a manner compatible with the role of the appellate courts in administering justice. Likewise, no one <br /> more surely sets the tone and the pattern for the conduct of'appellate lawyers than appellate judges. Judges must <br /> practice civility in order to foster professionalism in those appearing before them. <br /> 1. Inappropriate conduct will not be rewarded,while exemplary conduct will be appreciated. <br /> 2. The court will take special care not to reward departures from the record. <br /> 3. The court will be courteous,respectful, and civil to counsel. <br /> 4. The court will not disparage the professionalism or integrity of counsel based upon the conduct or reputation <br /> of counsel's client or co-counsel. <br /> 5. The court will endeavor to avoid the injustice that can result from delay after submission of a case. <br /> 6. The court will abide by the same standards of professionalism that it expects of counsel in its treatment of the <br /> facts,the law,and the arguments. <br /> 7. Members of the court will demonstrate respect for other judges and courts. <br /> STANDARDS OF PRACTICE TO BE OBSERVED BY <br /> ATTORNEYS APPEARING IN CIVIL ACTIONS <br /> Adopted in Dondi Properties Corp. v. Commerce Say. and Loan Assn, <br /> 121 F.R.D. 284(N.D. Tex.,July 14, 1988) <br /> A. In fulfilling his or her primary duty to the client, a lawyer must be ever conscious of the broader duty to the <br /> judicial system that serves both attorney and client. <br /> B. A lawyer owes,to the judiciary,candor,diligence and utmost respect. <br /> C. A lawyer owes,to opposing counsel,a duty of courtesy and cooperation,the observance of which is necessary <br /> for the efficient administration of our system of justice and the respect of the public it serves. <br /> D. A lawyer unquestionably owes,to the administration of justice,the fundamental duties of personal dignity and <br /> professional integrity. <br /> E. Lawyers should treat each other, the opposing party, the court, and members of the court staff with courtesy <br /> and civility and conduct themselves in a professional manner at all times. <br /> F. A client has no right to demand that counsel abuse the opposite party or indulge in offensive conduct.A lawyer <br /> shall always treat adverse witnesses and suitors with fairness and due consideration. <br /> G. In adversary proceedings, clients are litigants and though ill feeling may exist between clients, such ill feeling <br /> should not influence a lawyer's conduct, attitude,or demeanor towards opposing lawyers. <br /> H. A lawyer should not use any form of discovery or the scheduling of discovery,as a means of harassing opposing <br /> counsel or counsel's client. <br /> L Lawyers will be punctual in communications with others and in honoring scheduled appearances and will <br /> recognize that neglect and tardiness are demeaning to the lawyer and to the judicial system. <br /> J. If a fellow member of the Bar makes a just request for cooperation, or seeks scheduling accommodation, a <br /> lawyer will not arbitrarily or unreasonably withhold consent. <br /> K. Effective advocacy does not require antagonistic or obnoxious behavior and members of the Bar will adhere to <br /> the higher standard of conduct which judges, lawyers, clients, and the public may rightfully expect. <br />