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Friday, September 2, 2011

Ten Don't of Ethics

TEN DON’TS OF ETHICS
1. DON’T Ever Deal an Enemy a Small Blow. This principle of Machianvellian politics avoids unnecessary hostility from opposing attorneys. The better course is to strive professionally and courteously for the big blow --- a verdict in favor of your client.
2. DON’T Gloat or Do End-Zone Dances. Televised coverage of athletic events daily shows us how professional athletes in all sports have decided that self-adulation and self-congratulations are now accepted after even the smallest personal triumphs. We in this profession should avoid that appearance.
3. DON’T Have a Prejudice Against a Class of Lawyers. There are so many prejudices now against lawyers that we should avoid within-group prejudices, such as against plaintiffs vs. defense attorneys, trial vs. office lawyers, etc.
4. DON’T Be a Slave to Fees. Many bar complaints derive from fee disputes. Strive to be so successful that fees do not enslave you.
5. DON’T Be a Slave to Winning. Although we are told in other endeavors that “Winning is everything,” we should try to remember that we are in a business where truly “Justice is everything.”
6. DON’T Talk Dirty or Unprofessional. In this day and time of widespread availability of electronic devices, we will very often be recorded when we do not expect to be so. Therefore, we should all maintain the highest possible professional tone and content in all of our conversations.
7. DON’T Build a Practice on Trickery. This reputation, once established, is practically impossible to shake. Instead of trickery, use talent.
8. DON’T Resent a Client’s Questions. It is important to remember that most of our clients are somewhat frightened of the legal system. We should not resent their questions, and should be willing to give of our time freely to be certain that they understand the process in which they find themselves.
9. DON’T Be Frivolous. “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous….” “The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure.” Rule 3.1, Rules of Professional Conduct. Id., Comment.
10. DON’T Ignore the Contributions of Other Professionals. Many law school professors have left us with the impression that our profession is the only socially worthwhile or intellectually adequate profession. We need to acknowledge the contributions made by others to our civilizations. Never believe that we have some corner or intellect or worthwhile contributions.
Reprinted with the permission of John Kurts.
John Kurtz 1718 Walnut Kansas City, Missouri 64108 jkurtz@MoKanLaw.com Direct: 816-467-1776 Toll-Free: 877-535-1163 Fax: 816-472-5464