The Texas Lawyer’s Creed
I am a lawyer; I am entrusted
by the People of Texas to preserve and improve our legal system. I am licensed
by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary
Rules of Professional Conduct, but I know that professionalism requires more
than merely avoiding the violation of laws and rules. I am committed to this
creed for no other reason than it is right.
Our
Legal System
A lawyer owes to the administration
of justice personal dignity, integrity, and independence. A lawyer should
always adhere to the highest principles of professionalism.
1. I am passionately proud of my profession.
Therefore, “My word is my bond.”
2. I am responsible to assure that all persons
have access to competent representation regardless of wealth or position in
life.
3. I commit myself to an adequate and effective
pro bono program.
4. I am obligated to educate my clients, the
public, and other lawyers regarding the spirit and letter of this Creed.
5. I will always be conscious of my duty to
the judicial system.
Lawyer
to Client
A lawyer owes to a client
allegiance, learning, skill, and industry. A lawyer shall employ all appropriate
legal means to protect and advance the client's legitimate rights, claims,
and objectives. A lawyer shall not be deterred by any real or imagined fear
of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.
1. I will advise my client of the contents
of this creed when undertaking representation.
2. I will endeavor to achieve my client’s
lawful objectives in legal transactions and in litigation as quickly and
economically as possible.
3. I will be loyal and committed to my
client’s lawful objectives, but I will not permit that loyalty and commitment
to interfere with my duty to provide objective and independent advice.
4. I will advise my client that civility and
courtesy are expected and are not a sign of weakness.
5. I will advise my client of proper and
expected behavior.
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 indulge in any offensive conduct.
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 opposing party.
8. I will advise my client that we will not
pursue tactics which are intended primarily for delay.
9. I will advise my client that we will not
pursue any course of action which is without merit.
10. I will advise my client that I reserve the
right to determine whether to grant accommodations to opposing counsel in all
matters that do not adversely affect my client's lawful objectives. A client
has no right to instruct me to refuse reasonable requests made by other counsel.
11. I will advise my client regarding the
availability of mediation, arbitration, and other alternative methods of
resolving and setting disputes.
Lawyer
to Lawyer
A lawyer owes to opposing
counsel, in the conduct of legal transactions and the pursuit of litigation,
courtesy, candor, cooperation, and scrupulous observance of all agreements and
mutual understandings. Ill feelings between clients shall not influence a
lawyer’s conduct, attitude, or demeanor toward opposing counsel. A lawyer shall
not engage in unprofessional conduct in retaliation against other
unprofessional conduct.
1. I will be courteous, civil, and prompt in
oral and written communications.
2. I will not quarrel over matters of form
or style, but I will concentrate on matters of substance.
3. I will identify for other counsel or
parties all changes I have made in documents submitted for review.
4. I will attempt to prepare documents which
correctly reflect the agreement of the parties. I will not include provisions
which have not been agreed upon or omit provisions which are necessary to
reflect the agreement of the parties.
5. I will notify opposing counsel, and, if
appropriate, the Court or other persons, as soon as practicable, when hearings,
depositions, meetings, conferences or closings are canceled.
6. I will agree to reasonable requests for
extensions of time and for waiver of procedural formalities, provided
legitimate objectives of my client will not be adversely affected.
7. I will not serve motions or pleadings in
any manner that unfairly limits another party's opportunity to respond.
8. I will attempt to resolve by agreement my
objections to matters contained in pleadings and discovery requests and
responses.
9. I can disagree without being
disagreeable. I recognize that effective representation does not require
antagonistic or obnoxious behavior. I will neither encourage nor knowingly
permit my client or anyone under my control to do anything which would be
unethical or improper if done by me.
10. I will not, without good cause, attribute
bad motives or unethical conduct to opposing counsel nor bring the profession
into disrepute by unfounded accusations of impropriety. I will avoid
disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses.
I will not be influenced by any ill feeling between clients. I will abstain
from any allusion to personal peculiarities or idiosyncrasies of opposing
counsel.
11. I will not take advantage, by causing any
default or dismissal to be rendered, when I know the identity of an opposing
counsel, without first inquiring about that counsel's intention to proceed.
12. I will promptly submit orders to the Court.
I will deliver copies to opposing counsel before or contemporaneously with
submission to the Court. I will promptly approve the form of orders which
accurately reflect the substance of the rulings of the Court.
13. I will not attempt to gain an unfair
advantage by sending the Court or its staff correspondence or copies of
correspondence.
14. I will not arbitrarily schedule a
deposition, court appearance, or hearing until a good faith effort has been
made to schedule it by agreement.
15. I will readily stipulate to undisputed
facts in order to avoid needless costs or inconvenience for any party.
16. I will refrain from excessive and abusive
discovery.
17. I will comply with all reasonable discovery
requests. I will not resist discovery requests which are not objectionable. I
will not make objections nor give instructions to a witness for the purpose of
delaying or obstructing the discovery process. I will encourage witnesses to
respond to all deposition questions which are reasonably understandable. I will
neither encourage nor permit my witness to quibble about words where their
meaning is reasonably clear.
18. I will not seek Court intervention to
obtain discovery which is clearly improper and not discoverable.
19. I will not seek sanctions or
disqualification unless it is necessary for protection of my client’s lawful
objectives or is fully justified by the circumstances.
Lawyer
and Judge
Lawyers and judges owe each
other respect, diligence, candor, punctuality, and protection against unjust
and improper criticism and attack. Lawyers and judges are equally responsible
to protect the dignity and independence of the Court and the profession.
1. I will always recognize that the position
of judge is the symbol of both the judicial system and the administration of
justice. I will refrain from conduct that degrades this symbol.
2. I will conduct myself in Court in a
professional manner and demonstrate my respect for the Court and the law.
3. I will treat counsel, opposing parties,
the Court, and members of the Court staff with courtesy and civility.
4. I will be punctual.
5. I will not engage in any conduct which
offends the dignity and decorum of proceedings.
6. I will not knowingly misrepresent,
mischaracterize, misquote or miscite facts or authorities to gain an advantage.
7. I will respect the rulings of the Court.
8. I will give the issues in controversy
deliberate, impartial and studied analysis and consideration.
9. I will be considerate of the time
constraints and pressures imposed upon the Court, Court staff and counsel in
efforts to administer justice and resolve disputes.