ILNews

IBA: A little professional humor

Back to TopCommentsE-mailPrintBookmark and Share

As part of its ongoing efforts to promote professionalism, the Professionalism Committee of the Indianapolis Bar Association has borrowed from the format of a popular comedian to portray everyday scenarios that may illustrate situations in which lawyers may fall short of each of the committee’s five Standards of Professionalism. We hope that this presentation will remind IndyBar members of the standards, perhaps provide a little entertainment, and – to the extent any of the examples resonate with your own experience – help to maintain and promote our commitment to these standards.

Stated another way, you might be acting unprofessionally if …

I Commitment

We are committed to practicing law in a manner that maintains and fosters public confidence in our profession, faithfully serves our clients, and fulfills our responsibilities to the legal system.

Our commitment to fostering public confidence in our profession and fulfilling our responsibilities to the legal system requires us to avoid denigrating other lawyers, judges and the courts – the very people and institutions that comprise our profession and our legal system. Stated another way, you might be acting unprofessionally if, upon receiving an unfavorable ruling, you say things such as:

“The judge obviously did not read our papers or listen to us.”

“The judge took the easy way out.”

“The judge did not understand the issues.”

“The opposing counsel should not have … (however you may complete this sentence, the simple act of criticizing other lawyers often undermines public confidence in our profession).

II Character

We will strictly adhere to the spirit as well as the letter of the Rules of Professional Conduct and will at all times be guided by a fundamental sense of honor, integrity and fair play.

Our commitment to adhering to the Rules of Professional Conduct requires us to be familiar with those rules, and our commitment to a fundamental sense of honor, integrity and fair play requires us to view opposing counsel with respect. Stated another way, you might be acting unprofessionally if you:

Often find yourself having “no idea” of what the Rules of Professional Conduct actually provide with respect to a situation confronting you.

View the Rules of Professional Conduct as a hindrance to be grudgingly observed, rather than enthusiastically promoted.

III Competence

We will conduct ourselves to assure the just, economical and efficient resolution of every matter entrusted to us consistent with thoroughness and professional preparation.

Our commitment to the economical and efficient resolution of matters requires us to refrain from unnecessarily driving up litigation expenses or unnecessarily delaying resolution of disputes. Stated another way, you might be acting unprofessionally if you make statements such as:

“I don’t expect to win this motion but we should file it just to make them spend some money on the litigation.”

“I don’t expect to win this motion but we need to show the client that we are doing something.”

“I didn’t bother to review the file before the hearing because …”

IV Courtesy

We will at all times act with dignity, civility, decency and courtesy in all professional activities and refrain from rude, disruptive, obstructive and abusive behavior.

Our commitment to civility requires that we display no less courtesy in our professional lives than we do to friends, family or even complete strangers in our personal lives. Stated another way, you might be acting unprofessionally if:

You speak to opposing counsel in a manner that you would not use to speak to someone standing in front of you at a check-out line of a grocery store.

You describe an inability to reach agreement on an issue as a some type of character flaw on the part of opposing counsel, rather than “a disputed issue for the court to decide.”

You cannot recall the last time you apologized to opposing counsel, co-counsel, a client, or a court for anything at all.

You fail to alert opposing counsel before sending a harsh letter of the underlying problem that necessitates the harsh tone.

You tell the receptionist to “put it in voice mail” more often than you say “put it through.”

There are lawyers in town that avoid you.

There are lawyers in town that you avoid.

There are either (i) lawyers in town that avoid you; or (ii) lawyers in town that you avoid but (iii) you have not reached out to them to repair the relationship.

V Community Involvement

We recognize that the practice is a learned profession to be conducted with dignity, integrity and honor dedicated to the service of clients and public good.

Stated another way, you might be acting unprofessionally if:

All your pro bono cases turned out that way unexpectedly.

You believe that community involvement is a really good idea but leave it to someone else to handle.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

ADVERTISEMENT