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. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT