PROFESSIONALISM:
A LAWYER'S MANDATE |
| The
conduct of a lawyer should be characterized
at all times by honesty, candor, and
fairness. In fulfilling his or her primary
duty to a client, a lawyer must be ever
mindful of the Profession's duty to
the legal system. |
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RELATIONS
WITH CLIENTS |
A lawyer owes to a client undivided allegiance,
the full application of the lawyer's learning,
skill, and industry, and the employment
of all appropriate legal means to protect
and enforce the client's legitimate rights,
claims, and objectives. In the discharge
of this duty, a lawyer should not be deterred
by any real or imagined fear of judicial
disfavor public unpopularity, nor be influenced
directly or indirectly by any considerations
or self-interest.
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Representing my client
in a professional manner is my first
obligation. |
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I will be loyal and committed
to my client's cause, but I will not
permit that loyalty and commitment to
interfere with my duty to provide objective
and independent advice to the client. |
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I will endeavor to achieve
my client's lawful objectives in business
transactions and in litigation as expeditiously
and economically as possible. |
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When appropriate, I
will counsel my client with respect
to mediation, arbitration, and other
alternative methods of resolving disputes. |
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I will advise my clients
against pursuing litigation (or any
other course of action) that is without
merit and against insisting on tactics
which are intended primarily to delay
resolution of a matter or to harass
or drain the financial resources of
the opposing party. |
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A client has no right
to demand that I abuse the opposite
party or counsel or indulge in other
offensive conduct. I will always treat
adverse parties and witnesses with fairness
and due consideration. |
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RELATIONS
WITH OTHER LAWYERS |
A lawyer owes to opposing counsel courtesy,
candor, cooperation in all respects not
inconsistent with a client's interest, and
scrupulous observance of all mutual agreements
and understandings. Ill feelings between
clients should not influence a lawyer's
conduct, attitude, or demeanor toward opposing
lawyers.
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I will be courteous,
civil, and prompt in oral and written
communications. |
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In litigation proceedings,
I will agree to reasonable requests
for extensions of time and for waiver
of procedural formalities, provided
a legitimate interest of my client will
not be adversely affected. |
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I will not serve motions
and pleadings at such a time or in such
a manner as will unfairly limit the
other party's opportunity to respond. |
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I will attempt to resolve
by agreement my objections to matters
contained in pleadings and discovery
requests and responses. |
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When scheduled hearings
or depositions are cancelled, I will
notify opposing counsel, and, if appropriate,
the Court (or other tribunal) as soon
as practicable. |
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In business transactions,
I will not quarrel over matter of form
or style, but will concentrate on matters
of substance. |
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I will identify for other
counsel or parties all changes I have
made in documents submitted to me for
review. |
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CONDUCT
IN COURT |
A lawyer owes to the judiciary respect,
diligence, candor, punctuality, and protection
against unjust and improper criticism and
attack. A judge had a reciprocal responsibility
to maintain the dignity and independence
of the Court and to treat the lawyer with
courtesy and respect as an officer of the
Court.
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I will conduct myself
in Court in a professional manner and
demonstrate my respect for the Court
and the law. |
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I will treat opposing
counsel, opposing parties, the Court,
and members of the Court staff with
courtesy and civility. |
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I will advise my client
of the behavior expected of him or her. |
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I will be punctual so
that preliminary matters may be disposed
of in order to start the trial, hearing,
or conference on time. |
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ADMINISTRATION
OF JUSTICE & DISCOVERY |
A lawyer owes to the administration of
justice personal dignity, professional integrity,
and independence. A lawyer should adhere
to the highest principles of professionalism
in all dealings with others, regardless
of the desires of a client.
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Ordinarily, I will not
give notice of a deposition or hearing
until an effort has been made to schedule
it by agreement. |
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In oral depositions
and other discovery proceedings, I will
treat opposing counsel, opposing parties,
and any others present, with courtesy
and civility. |
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I will refrain from
excessive and abusive and abusive discovery,
and I will comply with all reasonable
discovery requests. |
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I will submit proposed
orders to the Court promptly and will
send copies to opposing counsel before
or contemporaneously with submission
to the Court. |
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If the matter does not
merit the filing of a motion or an agreed
order, I will not unnecessarily involve
the Court or its staff with correspondence
or with copies of correspondence to
opposing counsel. |
Houston Bar Association
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