DO THE RIGHT THING: A ’S ETHICAL OBLIGATIONS TO THE PRACTICE

Presented by: HON. ANDREA PLUMLEE, Judge, 330th District Court

NATALIE L. WEBB, Dallas The Webb Family Firm, PC

Co-Authors: NATALIE L. WEBB CHETAMMIA A. HOLMES BRANT M. WEBB The Webb Family Law Firm, PC 325 N. St. Paul, Suite 4450 Dallas, 75201 Phone: (214) 871-2730 Fax: (214)871-9339

State Bar of Texas FAMILY LAW 101 August 3, 2014

CHAPTER 1

ANDREA D. PLUMLEE PRESIDING JUDGE - 330 TH JUDICIAL DISTRICT

PROFESSIONAL EXPERIENCE

ANDREA D. PLUMLEE January 2011 to present 330 th Family District Court Dallas, Texas

PLUMLEE & ASSOCIATES , P.C. January 2002 to December 2010 Dallas, Texas

Firm with primary focus on family law and child welfare litigation, representing clients at all stages of proceedings, including administrative processes, investigation, pre-trial hearings, trial and appeal. Responsible for training and mentoring one associate. Maintain an active mediation practice primarily in the area of family law with a focus on child welfare litigation.

WATTLEY & PLUMLEE , L.L.P. January 1999 to December 2001 Dallas, Texas

Partner in a small firm with primary focus civil litigation. Experienced in Title VII litigation, juvenile defense, family and child welfare litigation, representing clients at all stages of proceedings, including administrative processes, investigation, pre-trial hearings, trial and appeal. Maintain an active mediation practice primarily in the area of family law with a focus on child welfare litigation.

SOLE PRACTITIONER , CIVIL LITIGATION November 1993 to December 1998 Dallas, Texas

Engaged in private practice of law primarily personal injury, juvenile defense, family and child welfare litigation. Title VII and civil rights litigation.

MEDIATION EXPERIENCE : Over 1,000 mediations conducted, primarily family law and suits affecting the parent-child relationship (600 mediations have been Child Welfare cases).

Mediation / Arbitration Training

Theory and Practice of Conflict Management (24 hours) July 1998 Sponsored by Association of Attorney-Mediators

Family Law / Divorce Mediation (40 hours) January 1999 Sponsored by Texas Women’s University

Conflict Resolution / Advanced Communications (40 hours) May 1999 Sponsored by Texas Women’s University

Child Protective Services Mediation Training (24 hours) August 2000 Sponsored by Children’s Justice Project Presenter / Teaching

Panelist: Family Law & The Grievance Process August 2010 Sponsored by Dallas Bar Association

Getting to Resolution: How to Diffuse the Emotional Client in Family Law October 2009 Sponsored by J.L. Turner Legal Society

Panelist: 2004 Child Welfare Symposium - Abused Children in State Care: Are Their Best Interests Being Served? The Foster Care System: Addressing Abuse in a Child’s Home Away From Home (October) Sponsored by W.W. Caruth, Jr. Child Advocacy Clinic SMU Dedman School of Law

Presenter: Guardian Ad Litem Training - The Role of the Guardian June 2000 Co-Sponsored by 304 th and 305 th Judicial District Courts

Presenter: Three-day CPS Mediation Training (24 hours) October 2000 Sponsored by Children’s Justice Project

Presenter: Target Kids in Court : Culture In Mediation March 2001 Sponsored by Target Kids in Court

PRE -L EGAL PROFESSIONAL EXPERIENCE

DALLAS CENTRAL APPRAISAL DISTRICT August 1986 to August 1990 Dallas, Texas

Senior Staff Appraiser - Research and Development. Responsible for the development and implementation of new market data. Compiled statistical data from appraisals, land and commercial sales for use during the appraisal review process. Responsible for staff of five (5) meeting the required annual goals

THE EQUITABLE Summer Internship 1982 - 1985 Dallas, Texas

Responsible for the analysis of cash flow data for current projects in the development stage. Run internal rates of return and check capital expenditures for reconciliation against posted ledgers. Attend all staff meetings and visit construction sites and give written progress reports to supervisor.

PROFESSIONAL AFFILIATIONS

Admitted to Practice :

United States District Court, Eastern District of Texas Spring 1998 United States District Court, Northern District of Texas January 1995 State of Texas, Texas Bar November 1993 Professional Associations:

Member, Annette Stewart Inns of Court September 2003 - present

Member, College of the State Bar September 1998 - present

Member, Texas Trial Association

Member, J.L. Turner Legal Association

Member, Dallas Bar Association

Family Law Section - Former Board Member, appointed March 2002 - December 2003 Juvenile Law Section ADR Section

Southwestern Legal Foundation: Patrick Higginbotham Inns of Court (former member)

Former Member, District 6A Grievance Committee (Vice-Chair) Two terms July 1997 - 2003

EDUCATION

Southern Methodist School of Law, 1993 Dallas, Texas

Juris Doctorate

Moot Court Finalist

Participant in both Criminal and Civil Clinics.

North Texas University, 1986 Denton, Texas

Bachelor of Business Administration Degree; concentration in Real Estate Finance and Transactions. Dean’s List 1985 and 1986; Additional honors include Member, President's Council, Alpha Kappa Alpha Sorority (former President)

COMMUNITY ACTIVITIES

City of Rowlett, Arts & Humanities Board Member

Pro Bono Attorney, The Family Place

Volunteer Attorney, Legal Services Participant - Interim Advocate Program

Target Kids In Court, Former Steering Committee Member

NATALIE L. WEBB The Webb Family Law Firm, P.C. 325 N. St. Paul Street, Suite 4450 Dallas, Texas 75201 Telephone: (214) 871-2730 Facsimile: (214) 871-9339 Email: [email protected]

EDUCATION AND LICENSURE

Southern Methodist University Dedman School of Law, J.D., 2008, Cum Laude Associate Managing Editor, International Law Review Chief Justice, W.W. Caruth Child Advocacy Clinic Trinity University, B.S., International Business, 2004 Admitted to the 2008

EXPERIENCE

May 2008 to the present The Webb Family Law Firm, P.C. Dallas, Texas Summers 2005 & 2006 Texas Court of Appeals, 8th District, El Paso, Texas

PROFESSIONAL AFFILIATIONS

State Bar of Texas Dallas Bar Association Dallas Bar Association - Family Law Section Dallas Bar Foundation - Fellow Dallas Association of Young Lawyers Tarrant County Family Law Bar Association American Bar Association (Family Law Section) Texas Family Law Foundation Texas Family Law Foundation Membership Committee 2012 - present Texas Family Law Foundation Auction Committee, Chair Member, Formbook Committee, Texas Family Law Practice Manual Member, College of the State Bar of Texas Associate, Annette Stewart American Inn of Courts Board Member, Trinity University Alumni Board - Dallas Chapter 2010-2012 President, Trinity University Alumni Board - Dallas Chapter 2012 - present

AUTHOR AND SPEAKER

Legislative Update: Family Law Section Perspective, Co-Author with K. Nicole Voyles, Advanced Family Law Course, San Antonio, Texas, August 11-14, 2008.

Parenting Across State Lines: Navigating Through the HC, UCCJEA, PKPA, and UIFSA, Co- Author with K. Nicole Voyles, Parent-Child Relationships, Austin, TX January 29-30, 2009. Paternity Fraud in Texas - The Great Debate, Co-Author with Chetammia Holmes, UTCLE Family Law on the Front Lines, San Antonio, Texas, June 18-19, 2009.

Changes in Property and Trends for the Future, Speaker and Co-Author with Chetammia Holmes, 2009 Advanced Family Law Course, Dallas, Texas, August 3 - 6, 2009.

Who's Your Daddy? Paternity Fraud in Texas, Co-Author with Chetammia Holmes, UTCLE Family Law on the Front Lines, San Antonio, Texas, July 1-2, 2010.

Attacking and Defending Mediated Settlement Agreements and Rule 11 Agreements, Co-Author with Brian L. Webb, Chetammia Holmes, Brant M. Webb, and Kay Redburn, 34th Annual Marriage Dissolution Institute, Austin, Texas, April 28-29, 2011.

Discovery Requests in the 21st Century: Not Much Different than They Used to Be, Co-Author with Brian L. Webb, Brant M. Webb, Chetammia A. Holmes, and Kay Redburn, 37th Annual Advanced Family Law Course, San Antonio, Texas, August 1-4, 2011.

Hidden Gems in the Family Law Practice Manual, Speaker and Co-Author with Brant Webb, Advanced Family Drafting, Dallas, Texas, December 8-9, 2011.

Screening a Case: The Good, The Bad, and the Ugly, Speaker with Kay Redburn, Advanced Family Law Course, Boot Camp, , Texas, August 5, 2012.

Screening a Case: The Good, The Bad, and the Ugly, Speaker with Kay Redburn, Tarrant County Family Law Bar Association, Fort Worth, Texas, October 5, 2012.

Premarital and Postmarital Agreements, Speaker with Kay Redburn, State Bar Convention, Dallas, Texas, June 20, 2013.

Drafting Settlement Agreements: Rule 11 Agreements, MSAs, and Arbitration Agreements, Speaker and Co-Author with Erin Bogdanowicz, 39th Annual Advanced Family Law Course, San Antonio, Texas, August 5-8, 2013.

Locking the Deal: Rule 11, Informal Settlement Agreements, MSAs and Arbitration Agreements, Speaker and Co-Author with Erin Bogdanowicz and Stacey Dodson, Advanced Family Law Drafting 2013, Dallas, Texas, December 5-6, 2013. Brant M. Webb The Webb Family Law Firm, P.C. 325 N. St. Paul Street, Suite 4450 Dallas, Texas 75201 Telephone: (214) 871-2730 Facsimile: (214) 871-9339 Email: [email protected]

EDUCATION AND LICENSURE

Texas Wesleyan University School of Law, J.D., 2010 University of North Texas, B.A., Finance, 2005 Admitted to the State Bar of Texas 2011

EXPERIENCE

February 2011 to present The Webb Family Law Firm, P.C. Dallas, Texas Summers 2008 & 2009 Texas Court of Appeals, 8th District, El Paso, Texas

PROFESSIONAL AFFILIATIONS

American Bar Association

State Bar of Texas

Dallas Bar Association

Tarrant County Bar Association

Dallas Bar Association – Family Law Section

Annette Stewart American Inn of Courts

Texas Family Law Foundation

PUBLICATIONS

Attacking and Defending Mediated Settlement Agreements and Rule 11 Agreements, Co-Author with Chetammia Holmes, Kay Reburn, and Natalie Webb, 34th Annual Marriage Dissolution Institute, Austin, Texas, April 28-29, 2011.

Discovery Requests in the 21st Century, Not Much Better than They Used to Be, Co-Author with Chetammia Holmes, Kay Redburn, and Natalie Webb, 2011 Advanced Family Law Course, San Antonio, Texas, August 1-4, 2011. Hidden Gems in the Family Law Practice Manual, Co-Author with Natalie L. Webb, Advanced Family Law Drafting, Dallas, Texas, December 8-9, 2011. Legislative Update: Family Law, Co-Author with Brian L. Webb, State Bar of Texas Annual Meeting, Dallas, Texas, June 20-21, 2013. CHETAMMIA A. HOLMES The Webb Family Law Firm, P.C. 325 N. St. Paul Street, Suite 4450 Dallas, Texas 75201 Telephone: (214) 871-2730 Facsimile: (214) 871-9339 Email: [email protected]

EDUCATION AND LICENSURE

Southern Methodist University Dedman School of Law, J.D., 2010 Chief Justice, W.W. Caruth Child Advocacy Clinic University of Texas at Arlington, B.A., Political Science, minor Spanish, 2006 Admitted to the State Bar of Texas 2010

EXPERIENCE

Summers 2008 & 2009 to the present The Webb Family Law Firm, P.C. Dallas, TX Summer 2008 Family District Court, Dallas, TX Summer 2008 Dallas District Attorney’s Office, Family Violence Unit

PROFESSIONAL AFFILIATIONS

American Bar Association State Bar of Texas Dallas Bar Association Dallas Bar Association – Family Law Section Dallas Association of Young Lawyers Tarrant County Family Law Bar Association J.L. Turner Legal Association Annette Stewart American Inn of Courts Texas Young Lawyers Association Texas Family Law Foundation Legal Hospice of Texas

PUBLICATIONS

Paternity Fraud in Texas – The Great Debate, Co-Author with Natalie L. Webb, UTCLE Family Law on the Front Lines, San Antonio, Texas, June 18-19, 2009.

Changes in Property and Trends for the Future, Co-Author with Natalie L. Webb, 2009 Advanced Family Law Course, Dallas, TX, August 3-6, 2009.

Who's Your Daddy? Paternity Fraud in Texas, Co-Author with Natalie L. Webb, 2010 Family Law on the Front Lines, San Antonio, Texas, July 1-2, 2010. Zealous Representation Within the Bounds of the Law, Co-Author with Brian L. Webb, 2011 Advanced Parent-Child Relationships, Houston, TX, January 26-28, 2011.

Attacking and Defending Mediated Settlement Agreements, Co-Author with Kay Redburn, Natalie Webb and Brant Webb, 2011 Marriage Dissolution Institute, Austin, TX April 27-29, 2011.

Discovery Requests in the 21st Century, Not Much Better than They Used to Be, Co-Author with Brant Webb, Kay Redburn, and Natalie Webb, 2011 Advanced Family Law Course, San Antonio, Texas, August 1-4, 2011.

Premarital and Post-marital Agreements, Co-Author with Brian L. Webb, 2013 State Bar of Texas Annual Meeting, Dallas, TX June 20, 2013.

You Have A Client On The Phone: Now What? (Practice Tips for New Lawyers and Those New to Family Law), Co-Author with Kay Redburn, 2013 Family Law 101 Law Course, San Antonio, TX, August 4, 2013.

Amicus Attorneys and Ad Litems, Co-Author with Hon. Andrea Plumlee, 2013 Advanced Family Law Course, San Antonio, TX, August 5-8, 2013.

Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice, Co-Author with Natalie Webb and Brant Webb, 2014 Family Law 101 Law Course, San Antonio, TX, August 3, 2013. Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1

TABLE OF CONTENTS

I. INTRODUCTION ...... 1

II. TEXAS LAWYER’S CREED ...... 1

III. TEXAS PARALEGAL’S CREED ...... 2

IV. STRUCTURE OF THE ATTORNEY DISCIPLINE SYSTEM: ...... 3

V. DEAR GRIEVANCE COMMITTEE ...... 5

VI. ETHICAL DILEMMAS WITHIN THE REALM OF FAMILY LAW: ...... 5 A. Client Consultations ...... 5 B. “Self Help” Forms ...... 5 C. Qualified Domestic Relations Order ...... 6 D. Child Support ...... 6 E. Mediation ...... 7 F. Fee Arrangements ...... 7

VII. FIVE TIPS FROM JUDGES ...... 7

VIII. CONCLUSION ...... 8

APPENDICES: A. Texas Lawyer’s Creed ...... 9 B. Texas Paralegal’s Creed ...... 14 C. Copy of Article Commemorating 20 Years of The Texas Lawyer’s Creed ...... 17

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Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1

DO THE RIGHT THING: “unnecessary contention and sharp practices between lawyers.”4 A LAWYER’S ETHICAL The United States District for the Northern OBLIGATIONS TO THE PRACTICE District’s decision in Dondi Properties Corp. v. Commerce Sav. & Loan Ass’n summarizes the reasons I. INTRODUCTION for the adoption of professional guidelines by various Everyone knows that a lawyer has a duty to legal organizations. The court wrote: zealously represent their client. However it is “We address today a problem that, though of important to note that a lawyer’s obligation does not relatively recent origin, is so pernicious that it threatens end there. In fact, zeal is just the beginning. Not only to delay the administration of justice and to place are lawyers obligated to their clients, but a duty is also litigation beyond the financial reach of litigants. With owed to our legal system, opposing counsel, and the alarming frequency, we find that valuable judicial and judge. In order to completely fulfill ones duties and attorney time is consumed in resolving unnecessary obligations as a lawyer, one must be competent in contention and sharp practices between lawyers. understanding their function within our legal society. Judges and magistrates of this court are required to Subsequently, lawyers are compelled to retain high devote substantial attention to refereeing abusive standards of ethical conduct. Every attorney in the litigation tactics that range from benign incivility to state of Texas has committed themselves to the outright obstruction. Our system of justice can ill- following, “On my oath I will support the constitutions afford to devote scarce resources to supervising matters of the United States and of this state and will honestly that do not advance the resolution of the merits of a demean myself in the practice of law and will case; nor can justice long remain available to deserving discharge my duty to my client to the best of my litigants if the costs of litigation are fueled ability.”1 unnecessarily to the point of being prohibitive.”5 The Texas Lawyer’s Creed set forth a mandate for II. TEXAS LAWYER’S CREED professionalism in an attempt to halt the behavior cited The Texas Supreme Court and the Texas Court of in the Dondi case. How do we define professionalism? Criminal Appeals adopted the Texas Lawyer’s Creed – Merriam Webster dictionary defines professionalism as A Mandate for Professionalism on November 7, 1989.2 “the skill, good judgment, and polite behavior that is The Texas Lawyer’s Creed sets forth a lawyer’s duty to expected from a person who is trained to do a job well; (1) our legal system; (2) the client; (3) opposing the conduct, aims, or qualities that characterize or mark counsel; and (4) the judiciary. The Creed states that a profession or a professional person; and the members of our profession should aspire to commit following of a profession (as athletics) for gain or themselves to the ideals set forth in the Creed for no livelihood.” Black’s Law Dictionary defines other reason than it is right: professionalism as “the practice of a learned art in a characteristically methodical, courteous, and ethical “I am a lawyer. I am entrusted by the manner.” Fred Hagan, who participated in drafting the people of Texas to preserve and improve Texas Lawyer’s Creed, has commented that most our legal system. I am licensed by the lawyers think of professionalism as follows: . I must therefore “Professionalism is the way I conduct myself and treat abide by the Texas Disciplinary rules of others. Unprofessional conduct is the way others Professional Conduct, but I know that practice and treat me. Few lawyers perceive their own Professionalism requires more than conduct, however inappropriate it may be objectively 6 merely avoiding the violation of and judged, as unprofessional.” rules. I am committed to this Creed for no Advances in technology have definitely had an other reason than it is right.”3 impact on professionalism, and not necessarily in a positive way. When the Texas Lawyer’s Creed was Prior to the adoption of the Texas Lawyer’s

Creed, several legal organizations had written and 4 adopted professional guidelines to address See Dondi Properties Corp. v. Commerce Sav. & Loan Ass’n, 121 F.R.D. 284, 286 (N.D. Tex. 1988).

5 1 V.T.C.A., Government Code § 82.037 Id.

6 2 The Texas Lawyer’s Creed is attached as Appendix A. Reflections on the Texas Lawyer’s Creed, by Fred Hagans, James H. “Blackie” Holmes III, Justice Eugene A. Cook, and 3 The Texas Lawyer’s Creed. See Appendix A. Judge Lamar McCorkle, Texas Bar Journal (November 2009).

1 Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1 adopted, e-mail communication was a new concept and Rule 5.03 Responsibilities Regarding Nonlawyer not widely accessible, law firms did not have websites, Assistants and there was no such term as “e-discovery” at this time. Blackberries and I-phones were not in “With respect to a non-lawyer employed or existence.7 retained by or associated with a lawyer: Now, with email becoming a primary source of communication, there is increased prevalence of “in (a) a lawyer having direct supervisory authority the heat of the moment” off the cuff exchanges that over the nonlawyer shall make reasonable would never have taken place if the lawyers (and/or efforts to ensure that the persons conduct is clients for that matter) had taken the time to sit down compatible with the professional obligations and write a formal letter. Everything can now be done of the lawyer; and from your handheld device anytime and anywhere, (b) a lawyer shall be subject to discipline for the which can set unrealistic expectations for response conduct of such a person that would be a times. Even though technology has changed our violation of these rules if engaged in by a profession over the 25 years since the Texas Lawyer’s lawyer if: Creed was adopted, the principles for which the Creed stands have not changed. No matter how young or old, (1) the lawyer orders, encourages, or all lawyers in the profession should periodically re- permits the conduct involved; or examine and recommit themselves to these principles (2) the lawyer: to guide our practice. This commitment is based on one’s personal moral compass - not on what (i) is a partner in the law firm in which organization you happen to belong to or what license the person is employed, retained you hold. by, or associated with; or is the It is important to advise your client of the Texas general counsel of a government Lawyer’s Creed and your commitment to the principles agency’s legal department in which for which it stands. My office includes a copy of the the person is employed, retained by Texas Lawyer’s Creed and the Texas Paralegal’s Creed or associated with; or has direct in the materials we give to every new client. Further, supervisory authority over such advise your client of expected behavior. Just as the person; and Creed expects you as a lawyer to be courteous, it is (ii) with knowledge of such expected that the client should be courteous in misconduct by the nonlawyer interactions with you, the court, and opposing counsel. knowingly fails to take reasonable Lastly, do not allow the client to dictate your remedial action to avoid or mitigate interactions with opposing counsel, or to dictate the consequences of that person’s behavior that is contrary to the Creed. Make it clear at misconduct.” the beginning of the lawyer-client relationship that you adhere to certain standards in dealing with opposing The employing attorney has the responsibility for counsel and that you will not fundamentally change ensuring that the conduct of the paralegal performing those principles. Explain that certain courtesies are the services is compatible with the professional often exchanged, and that allowing deadline obligations of the attorney. It also remains the extensions, for example, is not a sign of weakness. obligation of the employing or supervising attorney to Later in the case it may be you or your client that need fully inform a client as to whether a paralegal will the favor. work on the legal matter, what the paralegal's fee will be, and whether the client will be billed for any III. TEXAS PARALEGAL’S CREED nonsubstantive work performed by the paralegal.9 As an attorney, you are ultimately responsible A paralegal is prohibited from engaging in the under the disciplinary rules for the acts of your non- practice of law, providing legal advice, signing attorney staff .8 pleadings, negotiating settlement agreements, soliciting

7 Professionalism After twenty-Three Years of the Texas 9 PARALEGAL DEFINITION AND STANDARDS ADOPTED BY Lawyer’s Creed, Kenneth C. Riney and Thomas C. Riney, THE STATE BAR OF TEXAS (As amended April 21, 2006). See Success Strategies and Key Lessons for Young Lawyers, http://www.texasbar.com/Content/NavigationMenu/ForLa March 1, 2013, Houston, Texas. wyers/Committees/Paralegal_Committee.htm

8 Texas Disciplinary Rule of Professional Conduct 5.03

2 Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1 legal business on behalf of an attorney, setting a legal copy of the Texas Paralegal’s Creed is included with fee, accepting a case, or advertising or contracting with this paper as Appendix B. I encourage you to read it, members of the general public for the performance of and pass a copy on to your paralegals and other legal functions.10 attorneys in your firm, as well as your clients as a Every attorney should ensure that they, along with declaration of your commitment to professionalism. their paralegals, are familiar with Disciplinary Rule 5.03, the ethical obligations of their respective IV. STRUCTURE OF THE ATTORNEY positions, as well as the Texas Paralegal’s Creed, DISCIPLINE SYSTEM: which reiterates these ethical obligations. What happens if you are accused of unethical The preamble of the Texas Paralegal’s Creed and/or unprofessional behavior? states, as follows: The Texas Bar Association adopted the ABA Canons of Professional Ethics in 1909. It was “I work with, and under the commonly referred to as the Texas Canons of Ethics. supervision of, a lawyer who is entrusted These cannons governed lawyer conduct until the Code by the People of Texas to preserve and of Professional Responsibility was adopted in 1971. improve our legal system. I realize that The Texas Code and its associated ethical unethical or improper behavior on my considerations were repealed in 1990. Subsequently, part may result in disciplinary action the Disciplinary Rules of Professional Conduct were against my supervising attorney. As a adopted and currently govern the behavior of lawyers Paralegal, I must abide by the Texas in Texas. The rules provide guidance of proper conduct Disciplinary Rules of Professional to ensure professional discipline is maintained. The Conduct, but I know that Professionalism Texas Rules of Disciplinary Procedure establishes the requires more than merely avoiding the appropriate procedure to be followed within the violation of laws and rules. I am professional disciplinary system for attorneys in the committed to this Creed for no other state of Texas.12 reason than it is right.”11 To begin the disciplinary process there is a Commission for Lawyer Discipline (“CFLD”). The In 1995, Kay Redburn, drafter of the Texas Commission is composed of twelve members, six are Paralegal’s Creed, was reviewing the Texas lawyers and six are public members. CFLD essentially Disciplinary Rules of Professional Conduct and the acts as a client for all disciplinary proceedings that are Texas Lawyer’s Creed in preparation for a not dismissed by summary disposition. The presentation, when it occurred to her that not only Commission meets monthly to consider litigation should lawyers adhere to the highest ethical standards, cases. but paralegals (back then, legal assistants) should also. Next, we have the Office of Chief Disciplinary After all, if an ethical attorney had an unethical Counsel (“CDC”). The CDC represents the paralegal working in the firm, what havoc could that Commission in disciplinary litigation. It was designed wreak? to be the “Bar’s law office” and is overseen by the Ms. Redburn took the Texas Lawyer’s Creed and Commission for Lawyer Discipline.13 Although their modified it to conform to the paralegal’s role in major focus is representing the Commission, the CDC providing legal services along side a supervising is often assigned to perform other duties relating to attorney. She presented it at various seminars and disciplinary matters. published it in articles as her “unsponsored” Creed for There are also District Grievance Committees, paralegals and attorneys to consider. In 2012 she who are geographically divided to mirror Bar Districts. requested that the State Bar’s Standing Committee on The members of these committees are nominated by Paralegals, chaired by Chief Justice Linda Thomas the Board of Directors and appointed by the President (Ret.), review the Texas Paralegal’s Creed, make any of the State Bar of Texas. Two-thirds of the members revisions the Standing Committee deemed necessary, are attorneys and one-third are public members. The and then present it to the State Bar Board of Directors committee serves two major functions: (1) They requesting their approval. consider summary disposition dockets, which are cases On January 25, 2013, the State Bar Board of Directors considered the Texas Paralegal’s Creed on their consent agenda, and did, in fact approve it. A 12 Texas Rules of Disciplinary Procedure § 1.02 10 Id. 13 State Bar of Texas Commission For Lawyer Discipline 11 Texas Paralegal’s Creed. See Appendix B Annual Report June 1, 2009 - May 31, 2010

3 Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1 that the CDC recommends to be disposed of, (2) They it is deemed an inquiry and the case is dismissed. conduct administrative evidentiary hearings. However, if it does allege professional misconduct it is The Board of Disciplinary Appeals plays a then upgraded to a complaint. Once it is labeled as a substantial role in the disciplinary process. It is an complaint the Chief Disciplinary Counsel must independent body composed of twelve attorneys who investigate the matter. Upon investigation, the CDC are appointed by the Supreme Court. The board serves must determine whether Just Cause exist. If the CDC the dual role of a trial court as well as an appellate finds that the complaint is lacking Just Cause, the case court. The District Court is also involved in the is presented to the Summary Disposition Panel of the disciplinary process. The Court reviews disciplinary grievance committee. This panel determines whether cases under the de novo standard. It considers the complaint should be dismissed or if it should reinstatements resulting from disbarments, proceed. If the CDC determines Just Cause or if the resignations, or disability suspensions. complaint is not dismissed, the attorney will received The attorney discipline system consist of written notification of the allegation citing the numerous entities including the Professional Ethics disciplinary rule violation. The attorney has 30 days to Committee (“PEC”) and the Unauthorized Practice of respond to the allegation. Law Committee (“UPL”). Nine attorneys are Upon notification, the attorney is given the appointed by the Supreme Court to serve on the PEC. election of whether the case will be heard by a district Opinions on the propriety of professional conduct are court or by an evidentiary panel of the grievance issued by this committee and published in the Texas committee. Failure of an attorney to make this election Bar Journal. UPL is composed of nine members as will result in the matter being heard by the evidentiary well but six are attorneys and three are public panel. If the trial is heard before a panel, discovery is members. This committee performs its own limited and the proceeding is confidential. In contrast, investigations. Upon prosecution, the afforded remedy if the case is heard in district court, the Disciplinary is filing for injunctive relief in district court. Other Petition is filed with the Supreme Court. The Supreme related committees include the Client Security Fund Court then appoints an active district judge from Committee and the Advertising Review Committee. outside the Administrative Judicial District to hear the The Client Security Fund review applications that are case. Upon completion of the trial an attorney may submitted to them by clients. Usually the clients are receive a private or public reprimand, suspension, seeking reimbursement for lost money or property disbarment or other ancillary sanctions. Attorneys are because of theft by an attorney or because the client afforded the option of appealing these decisions. A paid in advance but never received the services. The district court judgment is appealed in the same manner Advertising Review Committee analyzes as any other civil appeal. An evidentiary judgment is advertisements to insure that they are in compliance appealed to the Board of Disciplinary Appeals and then with the rules of professional conduct. the Supreme Court of Texas. Similarly, we have other related bar division Resources are available to ensure that a lawyer’s programs that serve as active participants in the actions are in compliance with the rules of professional attorney disciplinary process. For example, there is the conduct. The State Bar of Texas Association issues Client Attorney Assistance Program (“CAAP”). CAAP oral opinions to lawyers who call the ethics hotline, is a dispute resolution program. This program assists in seeking advice. 14 Questions may also be submitted in resolving disputes without the filing of an official writing. These submissions are presented to the grievance. CAAP resolves approximately 500 -700 Committee on Professional Ethics, of the Supreme potential cases. There is also the Texas Lawyers’ Court of Texas, to review and decide if the Texas Assistance Program (“TLAP”). TLAP functions as a Disciplinary Rules of Professional Conduct apply. If peer intervention and rehabilitation of attorneys who the committee decides that the dilemma is prevalent to have become professionally impaired as a result of the legal community, they may choose to issue a physical illness, mental illness, or chemical formal opinion. Otherwise, the committee will simply dependency. Also, there is the Law Practice issue an informal opinion. These opinions are not Management Program which assist attorneys with binding on the courts, however, they are persuasive management issues by helping them develop an authority and taken into consideration.15 effective way to run their practice. In the event that an actual grievance is filed, the initial screening process begins. This process is aimed at determining whether the allegation should be labeled 14 1-800-532-3947 as an “Inquiry” or “Complaint”. If the matter doesn’t 15 allege professional misconduct, as defined by the The opinions are available in the Texas Bar Journal, Texas Disciplinary Rules of Professional Conduct, then www.texbar.com

4 Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1

V. DEAR GRIEVANCE COMMITTEE with the attorney in a subsequent divorce action. It was Although attorneys have (at the very least) a decided that an attorney-client relationship existed working knowledge of their duties and obligations despite the fact that the attorney never actually under the Texas Lawyer’s Creed and Disciplinary represented the husband in any legal proceedings. Rules of Professional Conduct, clients may be unaware Since the husband paid the attorney $250 dollars and a that such rules even exist. Any attorney who has ever lengthy consultation ensued, a relationship was perused the “Disciplinary Actions” section of the formed. The next thing to consider is whether the Texas Bar Journal knows that there are two common factual matters involved in the representation were so ways to end up on the wrong side of potential related that it poses a genuine threat that confidences disciplinary action: (1) failure to keep the client gained from the husband will be revealed to the wife. reasonably informed about the status of a case under Texas law is clear that an attorney will be disqualified Texas Disciplinary Rule of Professional Conduct if the movant party proves that an attorney-client 1.03(a); or (2) failure to explain a matter to the extent relationship existed and that information gained in the reasonably necessary to permit the client to make an former representation may be divulged to the present informed decision under Rule 1.03(b).16 client.17 It was determined that the attorney’s Lucky for us, there is a simple solution to help representation of the wife would result in a violation of avoid those potential problems: put it in writing. In the the Texas Disciplinary Rules of Professional age of e-mail, Skype, social media and the like, the pen Conduct.18 (or word processor, if preferable) remains an attorney’s Do the Rules prohibit an attorney from best friend. An effective formal letter should inform representing a husband in a divorce action when the the reader of new developments in a case, thoroughly wife previously consulted with the attorney’s former explain any and all courses of action available to them, law partner concerning a divorce but did not actually and detail the possible outcomes that may result from hire the former partner?19 Since the wife never each. This written communication is particularly consulted with the husband’s current attorney and the useful when tempering unrealistic expectations or former partner never discussed the wife’s consultation advising the reader against taking a position or course with the attorney, there is no violation of the Rules. of action that is contrary to your advice. Most The attorney was not privy to any of the wife’s importantly, the formal letter memorializes the confidential information while he was associated with occasion for all parties involved, no matter the that law firm. Representation of the husband would not audience. When drafting the letter always imagine the result in a conflict of interest. salutation to read “Dear Grievance Committee,” so that in the event you become the subject of a disciplinary B. “Self Help” Forms action, you can be confident the letter addresses Under the Texas Disciplinary Rules of matters appropriately. When in doubt, remember that Professional Conduct is a lawyer permitted to advise, if it’s not in writing, it never happened. for a fee, a pro se litigant in a divorce or related family law matter concerning “self-help” forms prepared by VI. ETHICAL DILEMMAS WITHIN THE the litigant if such services by the lawyer are REALM OF FAMILY LAW: conditioned on the litigant’s signed agreement that no The Professional Ethics Committee for the State lawyer-client relationship exists between the lawyer Bar of Texas publishes opinions on a wide range of and the litigant? Is the lawyer permitted to limit the potential ethical issues that lawyers may come across scope of his services in such cases to advice in their practice. I have summarized some of the ethics concerning the “self-help” forms?20 opinions below that are relevant to the family law practice.

A. Client Consultations 17 See, NCNB Texas Nat'l Bank v. Coker, 765 S.W.2d 398, The question was presented of whether an 400 (Tex. 1989). attorney is disqualified from representing a client in a situation where the husband has a brief consultation 18 The Professional Ethics Committee For The State Bar of with the attorney and six years later the wife consulted Texas Opinion No. 494 (February 1994).

19 The Professional Ethics Committee For The State Bar of 16 The Texas Disciplinary Rules of Professional Conduct Texas Opinion No. 501 (April 1994). may be found at https://www.legalethicstexas.com/Ethics- 20 Resources/Rules/Texas-Disciplinary-Rules-of-Professional- The Professional Ethics Committee For The State Bar of Conduct.aspx. Texas Opinion No. 635 (August 2013).

5 Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1

There is no provision of the Texas Disciplinary It should be noted that because the lawyer in these Rules of Professional Conduct that expressly describes circumstances has a lawyer-client relationship with a when a person who is licensed to practice law is acting spouse in a divorce or related proceeding, the lawyer is as a lawyer.21 A relationship of lawyer to client is a not permitted to provide legal services to the other contractual relationship and results from the mutual spouse in the same proceeding as such spouses are agreement and understanding of the parties about the adverse parties in a litigation matter.25 A lawyer must nature of the work to be done. To establish a lawyer- also take care that the spouse that is not being advised client relationship, the parties must explicitly or by by the lawyer does not mistakenly believe that the their conduct manifest an intention to create such a lawyer is providing advice to such spouse. relationship.22 In this particular scenario, the lawyer’s role in reviewing and advising on the forms for a fee is C. Qualified Domestic Relations Order that of an advisor in which he has explicitly agreed to Does an attorney who represents a spouse in a provide the client with an understanding of legal rights divorce violate the rules if the attorney prepares a and obligations. These services constitute the practice materially defective QDRO and does not correct the of law by the lawyer. Consequently, the lawyer has defect after being informed of the defect by another obligations and responsibilities as a lawyer arising attorney who is reviewing the proposed QDRO for the from the nature of the relationship with the pro se employer concerned?26 If this conduct is a violation of litigant, which includes the obligation to protect the the Rules, is the employer’s attorney who notifies the client’s confidential information and to represent the divorce attorney of the defect required to report such client with loyalty and diligence. In such violation to the appropriate disciplinary authority? An circumstances, the lawyer cannot seek to avoid his attorney should not begin or continue representation of obligations as a lawyer by seeking the client’s a client in a divorce action if the attorney knows or agreement to a disclaimer of the existence of a lawyer- should have known that the representation is beyond client relationship. Moreover, requiring such a clearly the attorney’s competence. 27 This includes the invalid disclaimer in the lawyer’s agreement with the preparation of a QDRO. An attorney must represent client may in itself constitute deceptive or misleading their client with competence and may not consciously conduct in violation of Rule 8.04(a)(3), which prohibits disregard the responsibilities owed to the client. In this a lawyer from engaging “in conduct involving instance, the attorney was required to correct the dishonesty, fraud, deceit or misrepresentation[.]”23 material defect in the QDRO. Also, the attorney for the Rule 1.02(b) of the Texas Disciplinary Rules of employer affected by the QDRO would have a duty to Professional Conduct provides that “[a] lawyer may report this violation if it was concluded that the divorce limit the scope, objectives and general methods of the attorney’s failure to correct the QDRO raised a representation if the client consents after consultation.” substantial question with respect to the divorce As long as a lawyer ensures that his client is aware of attorney’s honesty, trustworthiness or physical, mental and consents to the limited scope of the lawyer’s and psychological health necessary to discharge the services and the risks associated with proceeding lawyer’s obligation to clients.28 without full legal representation, limiting the scope of the lawyer’s services is permitted under the Texas D. Child Support Disciplinary Rules. Thus, the lawyer in the May an attorney enter into an employment circumstances considered here may limit the scope of agreement with a contingent fee based on the his services to advice concerning the “self-help” forms percentage of the amount of arrearage recovered for so long as it is clear to the client that the lawyer’s services are so limited.24

25 See Rule 1.06(a) of the Texas Disciplinary Rules of Professional Conduct; Professional Ethics Committee 21 Id. Opinion 583 (September 2008)

22 Id.; LeBlanc v. Lange, 365 S.W.3d 70, 79 (Tex. 26 The Professional Ethics Committee For The State Bar of App.-Houston [1st Dist.] 2011, no pet.) (citations Texas Opinion No. 534 (September 2000). omitted). 27 See, Texas Disciplinary Rules of Professional Conduct § 1.01 (a). 23 Id. 28 See, Texas Disciplinary Rules of Professional Conduct § 24 Id. 8.03 (a).

6 Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1 the client?29 It is believed that contingent fees promote 30 days of tender of the invoice, the lawyer may charge divorce and are inconsistent with a lawyer’s obligation the client’s credit card for the amount of the invoice?33 to encourage reconciliation. However, when dealing Rule 1.04(a) of the Texas Disciplinary Rules of with child support arrearage the parties are already Professional Conduct states in part: “A lawyer shall not divorced so this alleviates the attorney’s obligation to enter into an arrangement for, charge, or collect an encourage reconciliation. Accepting a child support illegal fee or unconscionable fee.”34 If the fee charged arrearage case on a contingency basis would not otherwise complies with the Texas Disciplinary Rules violate the Rules. The attorney must quote a reasonable of Professional Conduct and any applicable percentage in such cases and is obligated to fully requirement for court approval of the fee, then there is disclose all options to the client.30 The use of a power nothing inherently illegal or unconscionable about the of attorney and depositing the money collected into the arrangement as stated.35 Because the facts presented attorney’s escrow account does not violate any Rules involve charging the client’s credit card after the legal as long as a proper accounting is made, the client is services have been performed, it is permissible for the promptly paid, and the money placed in escrow is funds received under the credit card payment arrearage only. arrangement to go into the lawyer’s operating account. This is not the case if a client disputes a fee. A E. Mediation credit card payment arrangement may not negate the May an attorney enter into an arrangement to requirement that an attorney hold disputed funds mediate a divorce settlement between parties who are separately until the dispute is resolved. Texas not represented by legal counsel and prepare the Disciplinary Rule 1.14(c) states in part: divorce decree and other necessary documents to effectuate an agreed divorce if the mediation results in “When in the course of representation a an agreement?31 According to the Rules, mediation lawyer is in possession of funds or other does not constitute the practice of law but instead property in which both the lawyer and constitutes action as an “adjudicatory official”. another person claim interests, the property However, the preparation of documents constitutes shall be kept separate by the lawyer until legal services. Since the arrangement was agreed to there is an accounting and severance of their before the mediation began, it is a violation of Rule interest. . . . If a dispute arises concerning 1.11(b). This rules states that a “lawyer who is an their respective interests, the portion in adjudicator official shall not negotiate for employment dispute shall be kept separate by the lawyer with any person who is involved as a party or as until the dispute is resolved . . . .” attorney for a party in a pending matter in which that official is participating personally and substantially”. In the event of a dispute, the lawyer may charge Therefore, a lawyer may not agree to serve both as a the client’s credit card for the disputed amount but the mediator between parties in a divorce and as a lawyer lawyer may not place that amount in his operating to prepare the divorce decree and other necessary account. documents to effect an agreement resulting from the In summary, this fee arrangement is permissible mediation. The divorce itself is a litigation proceeding, provided the client consents to the arrangement and the so a lawyer may not represent both parties in preparing client’s ability to challenge a disputed statement for documents to effect the terms of an agreed divorce.32 legal fees is preserved.

F. Fee Arrangements VII. FIVE TIPS FROM JUDGES May a lawyer enter into a fee arrangement in I polled family law judges across the state and which the lawyer bills for his services and the client have included their advice and practice tips on agrees that, if payment is not made to the lawyer within professionalism for you to consider next time you are in the courtroom: 29 The Professional Ethics Committee For The State Bar of Texas Opinion No. 485 (March 1994). 1. NEVER get personal. You are an advocate—not a best friend. Your client’s 30 Such as the Texas Attorney General’s office handling the case free of charge to the client. 33 The Professional Ethics Committee For The State Bar of Texas Opinion No. 582 (April 2008). 31 The Professional Ethics Committee For The State Bar of Texas Opinion No. 583 (September 2008). 34 Id.

32 Id. 35 Id.

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problems should be presented professionally and in an abstract way. 2. PLEASE dress like a lawyer. The clients have as much respect for the legal system as it demands and this starts with the lawyers. 3. Afford the court and the court staff some respect. You cannot imagine the grief that court staff take from pro se litigants, lawyers, other judges, and clerks. Please treat them as if they were your own employees. They can absolutely make or break you as a lawyer. 4. It is unprofessional to interrupt the judge, opposing counsel or a witness (unless you are objecting in the two latter categories) while they are speaking. Why? A court reporter can only take down what one person at a time is saying. Two people talking at the same time is not only rude, but it makes for a very poor appellate record. 5. Do not think you must interrupt to object or that if you don't object the second an objectionable issue arises, you waive the objection. You don't. Oftentimes an objection is made before the Court has enough information to rule. And make sure your objection is a legal one.

VIII. CONCLUSION A lawyer’s obligation is not only to the client. It is important to remember that a duty is also owed to our legal system, opposing counsel, and the judge. Maybe most importantly, a lawyer has an obligation to him or herself to protect his or her reputation and to maintain credibility with the court and other lawyers. If a lawyer is deemed untrustworthy or unprofessional in his or her legal community, it not only affects the lawyer, it affects the way he or she can effectively represent clients.

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THE TEXAS LAWYER'S CREED A MANDATE FOR PROFESSIONALISM

Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1989

I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this creed for no other reason than it is right.

I. OUR LEGAL SYSTEM

A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism.

l. I am passionately proud of my profession. Therefore, "My word is my bond."

2. I am responsible to assure that all persons have access to competent representation regardless of wealth or position in life.

3. I commit myself to an adequate and effective pro bono program.

4. I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed.

5. I will always be conscious of my duty to the judicial system.

II. LAWYER TO CLIENT

A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.

l. I will advise my client of the contents of this creed when undertaking representation.

2. I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible.

3. I will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice.

4. I will advise my client that civility and courtesy are expected and are not a sign of weakness.

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5. I will advise my client of proper and expected behavior.

6. I will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct.

7. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.

8. I will advise my client that we will not pursue tactics which are intended primarily for delay.

9. I will advise my client that we will not pursue any course of action which is without merit.

10. I will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel.

11. I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.

III. LAWYER TO LAWYER

A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct.

1. I will be courteous, civil, and prompt in oral and written communications.

2. I will not quarrel over matters of form or style, but I will concentrate on matters of substance.

3. I will identify for other counsel or parties all changes I have made in documents submitted for review.

4. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties.

5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled.

6. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected.

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7. I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond.

8. I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses.

9. I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me.

10. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel.

11. I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel's intention to proceed.

12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the Court. I Will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court.

13. I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence.

14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule it by agreement.

15. I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.

16. I will refrain from excessive and abusive discovery.

17. I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear.

18. I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable.

19. I will not seek sanctions or disqualification unless it is necessary for protection of my client's lawful objectives or is fully justified by the circumstances.

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IV. LAWYER AND JUDGE

Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession.

l. I will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol.

2. I will conduct myself in Court in a professional manner and demonstrate my respect for the Court and the law.

3. I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility.

4. I will be punctual.

5. I will not engage in any conduct which offends the dignity and decorum of proceedings.

6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage.

7. I will respect the rulings of the Court.

8. I will give the issues in controversy deliberate, impartial and studied analysis and consideration.

9. I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes.

ORDER OF THE SUPREME COURT OF TEXAS AND THE COURT OF CRIMINAL APPEALS

The conduct of a lawyer should be characterized at all times by honesty, candor, and fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the profession's broader duty to the legal system.

The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating a practice in our State by a minority of lawyers of abusive tactics which have surfaced in many parts of our country. We believe such tactics are a disservice to our citizens, harmful to clients, and demeaning to our profession.

The abusive tactics range from lack of civility to outright hostility and obstructionism. Such behavior does not serve justice but tends to delay and often deny justice. The lawyers who use abusive tactics instead of being part of the solution have become part of the problem.

The desire for respect and confidence by lawyers from the public should provide the members of our profession with the necessary incentive to attain the highest degree of

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ethical and professional conduct. These rules are primarily aspirational. Compliance with the rules depends primarily upon understanding and voluntary compliance, secondarily upon re- enforcement by peer pressure and public opinion, and finally when necessary by enforcement by the courts through their inherent powers and rules already in existence.

These standards are not a set of rules that lawyers can use and abuse to incite ancillary litigation or arguments over whether or not they have been observed.

We must always be mindful that the practice of law is a profession. As members of a learned art we pursue a common calling in the spirit of public service. We have a proud tradition. Throughout the history of our nation, the members of our citizenry have looked to the ranks of our profession for leadership and guidance. Let us now as a profession each rededicate ourselves to practice law so we can restore public confidence in our profession, faithfully serve our clients, and fulfill our responsibility to the legal system.

The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and adopt "The Texas Lawyer's Creed - A Mandate for Professionalism" as attached hereto and made a part hereof.

In Chambers, this 7th day of November, 1989.

The Supreme Court of Texas The Court of Criminal Appeals

Michael J. McCormick, Presiding Judge Thomas. R. Phillips, Chief Justice W. C. Davis Franklin S. Spears Sam Houston Clinton C. L. Ray Marvin O. Teague Raul A. Gonzales Chuck Miller Oscar H. Mauzy Charles F. (Chuck) Campbell Eugene A. Cook Bill White Jack Hightower M. P. Duncan, III Nathan L. Hecht David A. Berchelmann, Jr. Lloyd A. Doggett Judges Justices

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TEXAS PARALEGAL'S CREED

I work with, and under the supervision of, a lawyer who is entrusted by the People of Texas to preserve and improve our legal system. I realize that unethical or improper behavior on my part may result in disciplinary action against my supervising attorney. As a Paralegal, I must abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right.

I. OUR LEGAL SYSTEM

A Paralegal owes to the administration of justice personal dignity, integrity, and independence. A Paralegal should always adhere to the highest principles of Professionalism.

1. I am passionately proud of my profession. Therefore, "My word is my bond."

2. I will work with my supervising attorney to educate clients, the public, and other lawyers and Paralegals regarding the spirit and letter of this Creed.

3. I will always be conscious of my duty to the judicial system.

II. PARALEGAL TO CLIENT

A Paralegal owes to the supervising attorney and the client allegiance, learning, skill, and industry. A Paralegal shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by self interest.

1. With, and under the direction of, my supervising attorney, I will endeavor to achieve the client's lawful objectives in legal transactions and litigation as quickly and economically as possible.

2. I will be loyal and committed to the client's lawful objectives, but I will not permit that loyalty and commitment to interfere with my ability to be objective.

3. I will inform the client that civility and courtesy are expected and not a sign of weakness.

4. I will inform the client of proper and expected behavior.

5. I will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct.

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6. I will inform the client that my supervising attorney and I will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.

7. I will inform the client that my supervising attorney and I will not pursue tactics which are intended primarily for delay.

III. PARALEGAL TO OPPOSING LAWYER

A Paralegal owes to opposing counsel and their staff, in the conduct of legal transactions and pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall not influence a Paralegal's conduct, attitude, or demeanor toward opposing counsel or their staff. A Paralegal shall not engage in unprofessional conduct in retaliation against other unprofessional conduct.

1. I will be courteous, civil, and prompt in oral and written communications.

2. I will identify for other counsel and parties all changes made by my supervising attorney in documents submitted for review.

3. I will attempt to prepare drafts for my supervising attorney's review which correctly reflect the agreement of the parties and not arbitrarily include provisions which have not been agreed upon or omit provisions necessary to reflect the agreement of the parties.

4. I will notify opposing counsel, and, if appropriate, the Court, Court staff, or other persons, as soon as practicable, when hearings, depositions, meetings, conferences, or closings are canceled.

5. I can relay a disagreement without being disagreeable. I realize that effective representation by my supervising attorney does not require antagonistic or obnoxious behavior. I will not encourage or knowingly permit the client to do anything which would be unethical or improper if done by me or my supervising attorney.

6. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel, nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony toward opposing counsel, opposing counsel’s staff, parties, and witnesses. I will not be influenced by ill feelings between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel or other Paralegals.

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7. I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence.

8. I will assist my supervising attorney in complying with all reasonable discovery requests. I will not encourage the client to quibble about words where their meaning is reasonably clear.

IV. PARALEGAL AND JUDGE

Paralegals owe judges and the Court respect, diligence, candor, and punctuality. Paralegals share in the responsibility to protect the dignity and independence of the Court and the profession.

1. I will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol.

2. I will conduct myself in Court in a professional manner, and demonstrate my respect for the Court and the law.

3. I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility.

4. I will be punctual and will assist my supervising attorney in being punctual.

5. I will not engage in any conduct which offends the dignity and decorum of proceedings.

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18