TEN DO’S OF ETHICS by John Kurtz
1. DO Be an Officer of the Court. The phrase “officer of the court” is often used. If all lawyers on all sides of controversies took that obligation seriously, litigation and life would be easier. Our image would be better.
2. DO Help Your Fellow Attorneys. This may even include your opponent --- so long as you are not acting adversely to your client’s interest.
3. DO Be Humane. We may all have opportunities to be humane and give consideration for professional or personal problems that another lawyer has or that a party or witness has. We should exercise every chance we get to do that.
4. DO Challenge “the Law.” The reporters certainly contain some incredibly wrongheaded decisions by judges who were deemed to be absolutely brilliant in their time. Plessy v. Ferguson. Remember that such terrible decisions were only superseded through the efforts of new lawyers.
5. DO Expedite Litigation. “A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.” Rule 3.2, Rules of Professional Conduct. “Dilatory practices bring the administration of justice into disrepute.” Id., Comment.
6. DO Disclose Adverse Authority. It is a lawyer’s affirmative obligation to “disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.” Rule 3.3(a)(3), Rules of Professional Conduct.
7. DO Refuse to Offer False Evidence. “A lawyer shall not knowingly offer evidence that the lawyer knows to be false.” Rule 3.3(a)(4), Rules of Professional Conduct.
8. DO Be Diligent. “A lawyer shall act with reasonable diligence and promptness in representing a client. Rule 1.3, Rules of Professional conduct. “A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and may take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor.” Id., Comment.
9. DO Respect the Judge. We undermine our system whenever we display our own personal contempt for a judge. The better course is to reverse a bad decision on appeal.
10. DO Keep Information Confidential. “A lawyer shall not reveal information relating to representation of a client unless the client consents after a consultation, except for disclosures that are impliedly authorized in order to carry out the representation.” Rule 1.6 Rules of Professional Conduct. All lawyers should re-dedicate themselves to the principles of preserving confidences and a client’s privacy.
