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IBA: A little professional humor

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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.•

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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