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Res 2004-133
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Res 2004-133
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6/21/2005 3:39:02 PM
Creation date
6/14/2005 11:21:01 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-133
Date
8/2/2004
Volume Book
156
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<br />1. I will be courteous, civil, and prompt in <br />oral and written communications. <br />2. I will not quarrel over matters of form <br />or style, but I will concentrate on matters of <br />substance. <br />3. I will identify for other counselor <br />parties all changes I have made in documents <br />submitted for review. <br />4. I will attempt to prepare documents <br />which correctly reflect the agreement of the <br />parties. I will not include provisions which have <br />not been agreed upon or omit provisions which <br />are necessary to reflect the agreement of the <br />parties. <br />5. I will notify opposing counsel, and, if <br />appropriate, the Court or other persons, as soon <br />as practicable, when hearings, depositions, <br />meetings, conferences or closings are cancelled. <br />6. I will agree to reasonable requests for <br />extensions of time and for waiver of procedural <br />formalities, provided legitimate objectives of my <br />client will not be adversely affected. <br />7. I will not serve motions or pleadings in <br />any manner that unfairly limits another party's <br />opportunity to respond. <br />8. I will attempt to resolve by agreement <br />my objections to matters contained in pleadings <br />and discovery requests and responses. <br />9. I can disagree without being <br />disagreeable. I recognize that effective <br />representation does not require antagonistic or <br />obnoxious behavior. I will neither encourage nor <br />knowingly permit my client or anyone under my <br />control to do anything which would be unethical <br />or improper if done by me. <br />10. I will not, without good cause, attribute <br />bad motives or unethical conduct to opposing <br />counsel nor bring the profession into disrepute <br />by unfounded accusations of impropriety. I will <br />avoid disparaging personal remarks or acrimony <br />towards opposing counsel, parties and witnesses. <br />I will not be influenced by any ill feeling <br />between clients. I will abstain from any allusion <br />to personal peculiarities or idiosyncrasies of <br />opposing counsel. <br />11. I will not take advantage, by causing <br />any default or dismissal to be rendered, when I <br />know the identity of an opposing counsel, <br />without fIrst inquiring about that counsel's <br />intention to proceed. <br />12. I will promptly submit orders to the <br />Court. I will deliver copies to opposing counsel <br />before or contemporaneously with submission to <br />the Court. I will promptly approve the form of <br />orders which accurately reflect the substance of <br />the rulings of the Court. <br /> <br />13. I will not attempt to gain an unfair <br />advantage by sending the Court or its staff <br />correspondence or copies of correspondence. <br />14. I will not arbitrarily schedule a <br />deposition, court appearance, or hearing until a <br />good faith effort has been made to schedule it by <br />agreement. <br />15. I will readily stipulate to undisputed <br />facts in order to avoid needless costs or <br />inconvenience for any party. <br />16. I will refrain from excessive and <br />abusive discovery. <br />17. I will comply with all reasonable <br />discovery requests. I will not resist discovery <br />requests which are not objectionable. I will not <br />make objections nor give instructions to a <br />witness for the purpose of delaying or <br />obstructing the discovery process. I will <br />encourage witnesses to respond to all deposition <br />questions which are reasonably understandable. I <br />will neither encourage nor permit my witness to <br />quibble about words where their meaning is <br />reasonably clear. <br />18. I will not seek Court intervention to <br />obtain discovery which is clearly improper and <br />not discoverable. <br />19. I will not seek sanctions or <br />disqualification unless it is necessary for <br />protection of my client's lawful objectives or is <br />fully justified by the circumstances. <br /> <br />IV. LAWYER AND JUDGE <br /> <br />Lawyers and judges owe each other respect, <br />diligence, candor, punctuality, and protection <br />against unjust and improper criticism and attack. <br />Lawyers and judges are equally responsible to <br />protect the dignity and independence of the <br />Court and the profession. <br /> <br />1. I will always recognize that the position <br />of judge is the symbol of both the judicial system <br />and administration of justice. I will refrain from <br />conduct that degrades this symbol. <br />2. I will conduct myself in Court in a <br />professional manner and demonstrate my respect <br />for the Court and the law. <br />3. I will treat counsel, opposing parties, <br />the Court, and members of the Court staff with <br />courtesy and civility. <br />4. I will be punctual. <br />5. I will not engage in any conduct which <br />offends the dignity and decorum of proceedings. <br />6. I will not knowingly misrepresent, <br />mischaracterize, misquote or miscite facts or <br />authorities to gain an advantage. <br />
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