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Res 2001-012
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7/3/2006 11:23:31 AM
Creation date
7/3/2006 11:23:14 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-12
Date
1/8/2001
Volume Book
142
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<br />duty to provide objective and independent advice. <br /> <br />4. I will advise my client that civility and courtesy are expected and are not a sign of weakness. <br /> <br />5. I will advise my client of proper and expected behavior. <br /> <br />6. I will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or <br />indulge in any offensive conduct. <br /> <br />7. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the <br />opposing party. <br /> <br />8. I will advise my client that we will not pursue tactics which are intended for delay. <br /> <br />9. [ will advise my client that we will not pursue any course of action which is without merit. <br /> <br />10. I will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that <br />do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse a reasonable request made by other <br />counsel. <br /> <br />11. I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling <br />disputes. <br /> <br />III. LAWYER TO LAWYER <br /> <br />A lawyer owes to opposing counsel, in the conduct oflegal transactions and the pursuit of litigation, courtesy, candor, cooperation, and <br />scrupulous observance of all agreements and mutual understandings. 111 feelings between clients shall not influence a lawyer's conduct, <br />attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct. <br /> <br />1. I will be courteous, civil, and prompt in oral and written communications. <br /> <br />2. [ will not quarrel over matters of form or style, but I will concentrate on matters of substance. <br /> <br />3. I will identify for other counsel or parties all changes I have made in documents submitted for review. <br /> <br />4. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not <br />been agreed upon or omit provisions which are necessary to reflect the agreement of the parties. <br /> <br />5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, <br />meetings, conferences or closings are canceled. <br /> <br />6. I will agree to reasonable requests for extensions oftime and for waiver of procedural formalities, provided legitimate objectives of my <br />client will not be adversely affected. <br /> <br />7. I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond. <br /> <br />8. I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses. <br /> <br />9. I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. <br />I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper <br />if done by me. <br /> <br />[0. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute <br />by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and <br />witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or <br />idiosyncrasies of opposing counsel. <br /> <br />II. I will not take advantage, by causing any default of dismissal to be rendered, when I know the identity of an opposing counsel, <br />without first inquiring about that counsel's intention to proceed. <br /> <br />12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to <br />the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court. <br /> <br />13. I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence. <br /> <br />14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule it by <br />agreement. <br /> <br />15. I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. <br /> <br />16. I will refrain from excessive and abusive discovery. <br />
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