The Call for Professionalism:

From Where it Started to Where We Are Today

Hon. Raymond S. Steib, Jr. Judge, Div. A, 24th .IDC April 2, 2016 The Call for Professionalism: From Where it Started to Where We Are Today

Index

1. The State ofJustice, address by Chief Justice Warren E. Burger to the American Bar Association mid-year meeting in Las Vegas, Nevada on February 12, 1984, as reported in the ABA Journal Vol. 70, Pgs. 62-66 (April 1984)

2. List of Professionalism Codes accumulated by the American Bar Association (March 2015)

3. Louisiana State Bar Association Code of Professionalism approved by the Hose of Delegates and Board of Governors at the 1991 Mid- Year Meeting and approved by the Louisiana Supreme Court on January 10, 1992.

4. Index to the Louisiana Rules of Professional Conduct published by the Louisiana Attorney Disciplinary Board

5. Loyola University New Orleans, College of Law, Student Professionalism Pledge

6. Pretrial Order #1, 10-MD-02179-CJ8-SS, Document 2, Filed 08/10/10, pages 1-2 of 19 issued by Judge Carl Barbier in the Deepwater Horizon Case.

7. Cover pages from Law Review Articles which are made reference to during the presentation The State of Justice

now inundate all the courts of this coun­ has been reported that about two-thirds By Chief Justice Warren E. Burger try. Another was directed at delays in of all the lawyers in the world are in the litigation and abuse of the discovery United States and of those, one-third Chief Justice Warren E. Burger pre­ process. and I will return to those sub­ have come into practice in the past five sented his annual report to the midyear jects in a few minutes. years . meeting ofthe American Bar Association Today the American Bar Association We are also told that in the past IO in Las Vegas on Feb. 12, 1984. is the most powerful and effective instru­ years, the legal profession has experi­ Here is the revised text of the report. ment for the improvement of justice in enced a sharp decline in public con­ THE response of the American Bar our country, and this is shown by the fidence as measured by opinion polls. Is Association in our time to the needs of development of such institutions as the there a connection between this sharp the courts and the American people is in National Judicial College, the [nstitute decline in pUblic confidence in lawyers considerable contrast to its response to for Court Management, the National and the doubling of the number of law­ a speech given 78 years ago by Roscoe Center for Slate Courts. the National yers in the last 20-0dd years? Does this Pound, a young man from Nebraska, [nstitute for Trial Advocacy and the decline in the standing of lawyers relate who later became one of the great deans monumental study on Standards for in some way to the high cost of legal ser­ of the Harvard Law School. At the Criminal Justice, to name only a few. vices and the slow pace of justice? Does meeting of this Association in 1906. he it come from a growing public opinion addressed "The Causes of Popular Dis­ Momentous changes that our profession is lax in dealing with satisfaction with the Administration of We are living in a period of dramatic, the incompetent lawyer or the errant and Justice ." At that time, this Association spectacular and rapid change. This is dishonest lawyer? was hardly representative of the legal especially true in the world of science. profession in America. It had only 2.600 for we are told-incredible as it seems­ Public perception members as· compared with over 300,000 that in some fie lds of science there has Is the public perception of lawyers today. It was an establishment-oriented been more development since World influenced sometimes. and to some organization quite satisfied with the sta­ War II than in the previous 500 years. extent, by absurd lawsuits which we tus quo. The leaders of the Association Not only is the world of science under:­ have not yet found a way to restrain-a rejected Pound's criticisms to the point going momentous changes, but as we father suing the school board to raise lit­ that the Association initially refused to learn every day, indeed twice a day, on tle Johnny's grade in English from C to publish his speech. And it was not pub­ the morning and evening news. this is B? Or the football fan who sues to lished until sometime later. also true in the political world and in revise a referee's ruling on a forward Now we know it as a classic-so business and industry. pass or a fumble? . much so that eight years ago, our Asso­ These changes have an impact on all If, as some assert, there are too many ciation joined the Conference of Chief of us, as well as on the participants and lawyers, that should mean greater com­ Justices and the Judicial Conference of the victims , and many of these petition, and we Americans have always the United States to sponsor one of the changes-scientific, econom;c and polit­ thought competition brings the highest more significant legal meetings in recent ical-have an impact on the administra­ quality of goods and services at the limes. By design, that conference. tion of justice. Change, of course, is the lowest cost. In uur free society, we which came to be known as the Pound law of life, but the pace of change we believe in competition, but is competi­ Conference . was held in SI. Paul, now witness is staggering. tion in a profession the same as competi­ Minn., and was convened in the very Some startli ng changes have taken tion in the marketplace? Given that room of the State House of Representa­ place in our profession in the last two article of faith that competition reduces tives and at the very lectern where decades. One very desirable change was costs, should we not inquire as to the Puund made his 1906 speech. introduced by the profession-the reasons why-after this enormous The response of the Association to growth in the u&e of paralegals to reduce growth in the number of lawyers-there that 1976 re-examination of Pound's crit­ the costs of services to clients. Another is a widespread hue and cry, which icism was immediate, and you are famil­ change is the growth of large law firms increases steadily, about lawyers' fees iar with the various programs which it and the large increase in branch offices and litigation costs? generated. One very important program of law firms. We are told that the num­ The criticism of our profession is not was aimed at developing alternative ber of American lawyers approaches, if casual or irresponsible. Many of our methods for resolving disputes which it has not already exceeded. 650,000! It own leaders have addressed it. Just last

62 American Bar Association Journal PhoI"II'aphy by TIm D8.lo " " "" ...... ".. , ...... : ~. ""~ , , j ' ''<': . \ ~~ W :~

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,.,F·"'" ,.'" ... jji,1---' .. year a distinguished lawyer and educa­ automobiles made in this country were We still pay homage to the idea that tor, Derek Bok, formerly Harvard's law found unacceptable. The consequences lawyers are "officers of the courts." Or dean and now its president, made some were very painful for our economy-and is that just lip service? Along with the strong observations on the sUb.iect. He for oUr pride. decline of public esteem of our profes­ said this: "The blunt, inexcusable fact is sion. we have witnessed the decline in that this nation. which prides itself on "Moral chains" the public confidence in the media. efficiency and justice. has developed a We lawyers have always been fond of Some responsible journalists attribute legal systcm that is the most expensive quoting the French and English legal this decline to the insistence of some in the world . . . ." philosophers to make a point, and today journalists on exercising their Firs t Many of the activities and studies of I will call on Edmund Burke. one of the Amendment rights to the outer limits or our Association acknowledge our own great 18th century legal thinkers most beyond , Some journalists acknowledge appraisal that all is not well. that our admired by lawyers . He said this : "Peo­ that this is an abuse of their First legal system is not a s efficient as it ple are qualified for civil liberty in exact Amendment rights, Others disa gree. should be. proportion to their di sposition Lo put Does our profession's low public stand­ moral chains on their appetites." Other ing derive , in part at least, from the Never loved philosophers have echoed this . saying insistence of some lawyers on exercising Lawyers have never been loved, that the prt:servation of a civilized their First Amendment rights to the before or since Shakespeare had his rev­ society depends on the willingness of its utmost? Tn current polls, lawycrs and olutionary character propose to "kill all members to forgo some of their free­ journalists rank roughly near the "bot­ the lawyers." Perhaps this is because. in doms, If this is true of society generally, tom of the barre!." Perhaps neither likes part, our most visible colleagues, the lit­ it is even more so in a profession like the company they find themselves in! igators, can hardly please all of the law or medicine. That is what sets the observers. Even the winning client often professions apart from the marketplace Shedding light disapproves when he considers the of barter and trade, One recent development may shed stress of litigation and the net result.. of The professional standards and tradi­ some light on the public perception of the courtroom battle and pays his legal tions of the bar in the past served to our profession. When the Supreme fees and costs. Added to that, the restrain members of the profession from Court declared that the First Amend­ behavior of ·some of the more visible practices and customs common and ment allows advertising by lawyers, it advocates is not such as to reflect credit acceptable in the rough-and-tu mble of placed lawyers in much the same pos­ on our profession. the marketplace. Historically, honorable ture, with respect to advertising, as all Increasingly in the past few years, lawyers complied with traditions of the other occupations. To those who still critics have warned that lawyers must be bar and refrained from doing all that the regard the practice of law as a profes­ careful not to price themselves out of laws or the Constitution allowed them to sion of service-with high public obliga­ the market. We know what happens do. Specifically, they did not advertise, tions , rather than as a trade in the when that occurs in any field of activity: they did not solicit . they kept careful marketplace-the professional standards the consumers of the services or goods separate accounts of clients' property, aga inst advertising are still widely find other sources of supply. We saw they considered our profession as one observed. One study made by the Asso­ that when the quality and price of the dedicated to public service. ci ation estimates that as many as 10 to

April 1984 • Volume 70 63 13 percent of lawyers engage in some There are some variations of this league, Griffin Bell. then attorney gen­ form of advertising. Some of this small unseemly practices such as house-to­ eral of the United States . made a n segment treat this freedom as a release house distribUlion of coupons giving a estimate of 30 percent. ) responded to­ from all professional restraints and use it $15 or $25 credit on the first conference this in 1979 on an occasion such as we as a license. -We see some lawyers using with a lawyer identified in the coupon. have today. I accepted the estimates of the same modes of advertising as other This is happening in a profession that the president of our Association and the commodities from mustard. cosmetics once condemned champerty and mainte­ attorney general. Then) asked for a and laxatives to used cars. A hypotheti­ nance and drove ambulance chasers out show of hands of the audience as to how cal case will make my point. of the profession. many thought a figure of 25 to 30 per­ Imagine a day when thou~ands of eyes Having said this, however, we must be cent of courtroom incompetents was tol­ are focused on a football game. An ad careful to recognize that not all the erable. Not a single hand was raised. Of comes on the TV, perhaps duJ'ing the developments in higher lawyer visibility course it was not tolerahle_ halftime. The scene is much like the and advertising are undesirable or When surveys and studies were made contest the viewers have just been unprofessional. Some of them-for by the Association and other responsi­ observing-a spectacular 9O-yard touch­ example. store-front, street-level offices ble bodies. it developed that even my down run in which the star eludes all of so-called legal clinics that publish dig­ estimate of below-:;tandard performance tacklers. The scene then changes. A nified announcements of their avail­ was too low! fine-looking fellow comes on the screen ability-have helped bring low-cost legal Our Association and its component in business clothes, and it turns out he is services to lower-income people long state and local associations and commit­ a popular football star. He says some­ denied access to legal assistance. tees moved swiftly. And the law schools. thing like this: "If you have a legal prob­ led by Harvard's $2.5 million project on lem or case-and if you want to score­ Trial court advocacy trial advocacy. developed broad-scale go to my friends, Quirk , Gammon & Ten years ago -) suggested that up to programs. In the past decade a majority Snapp." one-third or one-half of the lawyers of our law schools have followed the At that point, one by one. three welJ­ coming into our courts were not really lead of the early pioneer schools in dressed fellows come on stage, perhaps qualified to render fully adequate repre­ focusing attention on the elements of against the background of the United sentation and that this contributed to the trial advocacy, the techniques of nego­ States Co'de Annotated or the United large cost and the delays in the courts. tiation and of arbitration. States Reports. The speaker goes on: We know that a poorly trained, poorly In 1976 the Judicial Conference of the "If you really want to make a touch­ prepared lawyer often takes a week to United States launched a study of the down against your opponents, go to try a one- or two-day case. My purpose quality of advocacy in federal courts. Quirk. Gammon & -Snapp. For an was to stimulate debate. and some of and in 1979 the so-called Devitt Commit­ appointment call (800) 777-1111. They are you, very appropriately, challenged my tee Report recommended experiments the best! There will be no charge for the statements. Later on, in the debate that wjth special standards for admission to first conference on your problems. They followed, the president of our Associa­ the federal courts. The Judicial Con­ have a special rate on uncontested tion said that my figure was too high and ference then established an implementa­ divorces during the holidays _ Don't that the correct figure was not more tion program, which is now proceeding· wait." than 25 percent. Our distinguished col­ in 13 pilot federal districts under the·

64 American Bar Association Journal ­ chairmanship of Judge Lawrence King state programs un discipline, financed One distinguished member of the of Florida. by an annual. assessment on every prac­ group wrotc that we may have a "break­ I recall these developments to you titioner. The public interest first, and the down in the professional standards of beause they show that the leadership of long-range interest of our profession. the entire profession. " He went on to the American Bar Assuciation has never require a comprehensive re-examination focus on the abuses of discovery by law­ failed in modem times to respond to the of the mechanisms we now have to 'deal yers. saying, "We have allowed discov­ needs of our profession and the interests with dishonest and unethical practices. ery to take on a life of its own." of the public. The new programs in law The alternative is that state legislatures schools, the splendid bar programs in may move independently if our profes­ A complaint based on rumors continuing legal education and sion does not act. The 1970 Clark Another member expressed the view especially the National Institute for Trial Report on lawyer discipline must be that some lawyers have exploited prl:­ Advocacy show that the Association brought up to date because more vig­ trial discovery with at least an excess of recognized the problem and moved to orous programs are needed if we are to adversary zeal and, at worst, something provide remedies. have the confidence of the public. approaching its use as a tool of extor­ tion. Lawyer discipline Discovery abuse Another, with long experienct: as a What follows should not be inter­ I now turn to another matter internal practitioner, lamented the practice that preted as criticism of the ABA; attorney to the profession and in the courts, and he described as "filing a complaint discipline largely is the responsibility of of significance and importance to the based almost on rumors and then embar­ the local and state bar associations. Thl: public. We remember that in the 1930s, king on months of extensive pretrial dis­ ABA, in fact, has been active since 1970 by rules, new procedures for pretrial dis­ covery to find out if his client had a in coordinating the efforts of local and covery were introduced in the federal case." state associations by providing a clear­ sy~tem , but they did not come into full One of the responses provided an apt inghouse of statistics on attorney disci­ summary of the whole problem: "Some pline and providing a resourcl: pool fo r basic institutional reform in the legal information through the National Center profession is what is needed-lawyers for Professional Discipline. This year the have got to stop using the court system center's budget is $1.2 million and will be There was a lament as a means of enriching themselves at even higher next year. which reflects the the expense of their clients . And the substantial level of support the ABA is that some lawyers courts have got to stop allowing the law­ providing. Further, the ABA has been yers to do it." instrumental in helping federal district file a complaint based These are hard-even harsh--apprais­ courts and federal agencies promulgate almost on rumors and als, but they come from responsible, disciplinary rules for attorneys appear­ thoughtful lawyers and judges. ing before them. In spite of these mas­ embark on months of What this means is that, under the sive efforts, much remains to be done. discovery to see if their 1-983 rule changes, judges must not In a country as large as ours, with our remain aloof from what is going on in a system of federalism, regulation of the client has a case. case simply because the parties have not bar cannot be centered entirely in one presented themselves in the four walls place as it is in Enl:land and some other of the courtroom to begin a trial. The common law countlies. Fourteen years 1983 amendments rl:quire that judges ago Justice Tom Clark chaired the Asso­ take a more active role in overseeing ciation's committee on disciplinary bloom for some years. The Associa­ pretrial proceedings. Judges in some enforcement by the bar. That commit­ tion's committees have long been con­ state courts and in federal courts have tee's report said this: cerned about the growing problem of exercised their discretionary authority .. After three years of studying lawyer discovery abuses which are damaging to impose sam;tions both on attorneys disciplinc throughout the country, this not only in terms of costs to clients but and their clients for filing frivolous cases committee must report the existence of to the perception of the profession. In for abuse of discovery processes. In one a scandalous situation that requires the 1983 these rules were amended in state case the trial judge held that the immediate attention of the profession. response to a rising demand to curb plaintiffs case was based on totally friv­ With few exceptions, the prevailing atti­ widespread abuses of discovery. These olous allegations and ordered the pay­ tude of lawyers toward disciplinary amended rules give trial judges impor­ ment of nearly $2 million in fees and enforcement ranges from apathy to out­ tant pretrial management and oversight expenses. Another judge imposed heavy right hostility. Disciplinary action is responsibilities and direct the judges to costs against both the plaintiff and practically nonexistent in many jurisdic­ impose sanctions directly on attorneys the attorney based on the state's new tions; practicc~ and procl:dures are anti­ who abuse the court's processes. civil code of procedures that authorized quated; many disciplinary agencies have Recently 1 invited a group of 24 rcpre­ trial judges to impose sanctions on par­ little power to take effective steps sentative members of our profession to ties and attorneys who liiigate in bad against malefactors." Washington to focus attention on these faith . In the federal courts the amended That report stimulated action by some amended discovery rules. This task rules now authorize sanctions on law­ state bar associations. but any fair­ force included practicing lawyers, judges yers for abuse of the privilege. A minded examination of the whole picture and law teachers. Two of the practicing few carefully considered, well-placed today will reveal that what we have lawyers were formerly federal judges. At $5,000 or $10,000 penalties will help done falls short of what is needed . the conclusion of these sessions, 1 invi­ focus attention on the matter of abuses There are an increasing number of good ted them to give me their views. by lawyers.

April 1984 • Volume 70 65 Cost shifting the rule of law. To retain the respect of slaves~f precedent, which is habit. We Another important development is the people, we must deserve their tend to do things in a certain way under study. We are exploring the possi. respect. "because we have always done it that ble stre ngthening of Rule 68 of the We know, of course, that the Associa­ way." But when we must constantly wit­ Federal Rules of Civil Procedures to tion has long been aware of some of the ness spectacular expansions of court allow ei ther party to offer a settlement. problems I have been discussing, and dockets, requiring more and more If the offer is refused, and the case goes programs are under way to deal with judges, something is wrong. When we to trial and resul ts in a judgment less some of ~hem . But are they enough? see costs or'justice rising, when we see favorable to the "refusing party" than What we need is a comprehensive and our standing in public esteem falling, the offer it reje<.:teu, that party would, in coordinated re-examination of all of something is wrong. If we ask the ques­ the discretion of the court, be subject to these areas. tion " Who is responsible?" the answer payment of all costs the opposing party must be: We are. I am. You are. incurred after reje<.:tion of the offer, Setting goals The entire legal profession-lawyers, including attorney's fees. Cost shifting, The story of justice, like the story of judges, law teachers-has become so subject to court approval, has long been freedom, is a story that never ends. mesmerized with the stimulaiion of the a part of the administration of justice in What seems unrealistic, visionary and courtroom contest th~t we tend to forget other common law countries , and we unreachable today must be the target that we ought to be healers-healers of must study their experience. even if we cannot reach it soon or even conflicts. Doctors. in spite of astronomi­ I suspect some of my judicial col­ in our time. If we ever begin to think we cal medical costs, still retain a high leagues will respond that heavily over­ have achieved our goals, that will mean degree of public confidence because burdened judges-and they are over­ our sights were set 100 low or that we they are perceived as healers. Should worked-should not be further bur­ had lost concern for our profession or lawyers not be healers? Healers, not dened. But the day has long since the public interest. warriors? Healers, not procurers? Heal­ passed when we can simply "let the law­ This Association has long advocated ers, not hired guns? yers run it." Although pretrial pro<.:eed­ There are other problems that deserve ings are not open as a trial is open, our attention, but those I have discussed litigation becomes a matter of the today seem to me the more urgent, and court's responsibility as soon as judiciai at the same time, they have long-range power is invoked. The dangers in leav­ Our system is implications. ing everything to the lawyers outweigh In closing, Mr. President, I propose to the logic of the situation. Some of our too costly, you and our fellow members of the ablest judges have developed ways to too painful, Association that we create a study keep in touch with the cases during the group of representative leaders of our pretrial stage to make sure that that pro­ too destructive, profession to examine these problems cess is not being abused. This is the too inefficient and report to the Association. It might essence of sound jUdicial administration. well be useful to include leaders from for a truly other disciplines as we take a careful A request civilized people. look at ourselves. At the March meeting of the Judicial Nearly 50 years ago, one of my most conference of the United States " I will distinguished predecessors, Chief Jus­ request the conference to consider a tice Hughes, said this to our profession: program in each federal circuit and dis­ "In the midst of a task so great as this, trict to deal with this problem, par­ the great ideals that distinguish our pro­ there may come a time of discouraging ticularly to promote wider understand­ fession from the actors in the mar­ reflection upon the immense needs of ing and use of the 1983 amendments to ketplace. We Americans are a competi­ the administration of justice and the the civil rules . After one recent con­ tive people and that spirit has brought us extreme difficulty of finding ways by ference on the new rules, the very next to near greatness. But that competitive which [we] can solve the problems . . . . court day one judge levied costs on a lit­ spirit gives rise to conflicts and tensions. [W]e cannot afford to take a defeatist igant for the burden imposed on ·the Our distant forebears moved slowly attitude . .. . The most important lesson other litigant by duplicative motions. I from trial by battle and other barbaric of the past is to strive and never be dis­ urge the Association, the state bar and means of resolving conflicts and dis­ heartened because of the immensity of local bar leaders to cooperate with these putes, and we must move away from the task. The ultimate goal may seem to programs. The discovery task force that total reliance on the adversary c(tntest recede as we advance, but we must I referred to earlier will provide a helpful for resolving all disputes. For some dis­ press on." blueprint that can be adapted to the putes, trials will be the only means, but This Association has repeatedly needs of each district. for many, trials by the adversary coptest shown that it is the most powerfuJ, the N ow if it seems to you that I am must in time go the way of the ancient most influential force in this country for unduly hard on lawyers today, let me trial by battle and blood. Our system is improving the system of justice, and I close this subject by acknowledging too costly, too painful, too destructive, am confident the Association will that, at times, we judges are part of the too inefficient for a truly civilized peo­ always act in the public interest. problem. Corrective action is a joint ple. To rely on the adversary process as Mr. President-in that spirit-I pledge responsibility of the bench and bar. the principal means of resolving conflict­ my full cooperation should you elect to Lawyers, judges and law enforcement ing claims is a mistake that mllst be cor­ act on these problems to help us prepare officers make up the system of justice. rected: for the years ahead. Together we are responsible for ensuring We lawyers are creatures-even

66 American Bar Assocb.tJon Journal LIST OF PROFESSIONALISM CODES

ACCUMULATED BY THE AMERICAN BAR ASSOCIATION Last Updated March 2015

,.------­ ~ GANIZA~ION -I TITLE I Alabama 1------­

~a-m-a-St-a-te-B-a -r ------I The Pledge of Professionalism

r USDC for the Middle District of Alabama I Standards for Professional co ~u~ t --

I Arizona

~a~ -B-a-r o- f- A- r-iZ-o n-a - A Lawyer's Creed of Professionalism I--Arkansas ------­

1 ~ulaski County Bar Association "--c-o-d-e-o-f-p-ro- f-e-s-si-o-n-al-c-o-u-rtesy

~lifornia ------­

1 Contra Costa County Bar Association [-Standards of Professional court ~sy ------! I-LOS Angeles County Bar Associa-t-io-n------Litigation Guidelines -I Professionalism Guide for Family Law Practitioners

I Marin County Bar Association -ICode of Civility .------,.------­ Orange County Bar Association Standards of Professionalism and Civility Among Attorneys r------­ 1- Riverside co: nty Bar Association Guidelines of Professional Courtesy and Civility

Sacramento County Bar Association r Standards of Professional Conduct

-I- San Diego Assoc. of Business Trial Lawyers Ethics Professionalism and Civility Guidelines ------San Diego County Bar Association The SDBCA Attorney Code of Conduct

Santa Clara County Bar Association Code of Professionalism

State Bar of California Guidelines of Civility and Professionalism .J I solemnly swear (or affirm) that I will support Attorney's Oath the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability. As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity. (eff. May 23,2014)

US DC Central District of California Civility and Professionalism Guidelines

~ ra County Bar Association Guidelines on Professional Conduct and Civility

I Colorado r ~u ~ cou~ty B ~Association------~p-ri-n-cip--I e--s o--f p---ro f e---ss io n-a--I is-m- -- - ~------I Colorado Bar Association Principles of Professionalism i-D- e- nver Bar Association r -p-r -inci-p--Ie s-of-p -rofes---s io-nalis ~ r-Connecticut ----r------­ ------Connecticut Bar Association Lawyers' Principles of Professionalism

Delaware

Delaware State Bar Association Principles of Professionalism for Delaware Lawyers

,--Delaware Supreme Court Principles of Professionalism for Delaware Judges ------r---­ ~ rict of Columbia

~ Z Bar --- Ivolunta~ Standards for Civility :-professiona ~ I Conduct ------­ Florida ·­-1 .------­ The Florida Bar Guidelines for Professional Conduct t------1 Hillsborough County Bar Association Hillsborough County Standards of Professional Courtesy

Hillsborough County Family Law Division The Twelve Rules of Courtroom Civility Circuit Court Jacksonville Bar Association JBA Professionalism Guidelines

Orange County Bar Association Standards of Professional Courtesy and Courtroom Oecorum

Palm Beach County Bar Association Palm Beach County Bar Association Standards of Professional Courtesy I Sixth Judicial Circuit Court Standards of Professional Courtesy ------r-,I---­ I Georgia I ------, ------­ - G-e-O-rg-ia- C-hi-e-f Justice's Commission on Lawyer's Creed and Aspirational Statement on [ Professionalism Professionalism ------~~ ~i State Bar Association Guidelines for Professional Courtesy and Civility

r Supreme Court of Hawaii Principles of Professionalism for Hawaii Judges

I Idaho I ------r USO-C- O-is-tr-ict of Idaho------r Standards for Civility in Professional Conduct I and the Courts of the State of Idaho r--- -- ,-----­, I Illinois ------, -;-7th Judicial Circuit Statement of Professional Aspirations for the Legal Profession I Indiana ------­

r Evansville Bar Association '---p-ro- f-e-s-si-o-n-a-I -courtesy Code -I I Iowa

r Iowa Supreme Court Standards for Professional Conduct I Kansas ------­ r--­ I Johnson County ;ar Association I Creed of Professional Conduct I Kansas Bar Association --r--p-ill-ar-s 07P ~ Si ~~ Kentucky I Kentucky Bar Association f - (R~ ) Code of Professional Courtesy ---- Kentucky Supreme Court A Lawyer's Responsibilities

~ville Bar Association -I Creed of Professionalism

I Louisiana '--1--­

I Baton Rouge Bar Asso~ iation Attorney's Creed of Professionalism

Louisiana State Bar Association Code of Professionalism

Supreme Court of Louisiana Code of Professionalism in the Courts ~Yland

The Bar Association of Baltimore City Guidelines on Civility ~------r------Baltimore County Bar Association Code of Professionalism

Maryland State Bar Association Code of Civility -----­----­ Prince George's County Bar Association Creed of Professionalism

Massachusetts

I Boston Bar Association Civility Standards for Civil Litigation

~ achusetts Bar ASS-o-c-ia- t-io--n- Statement on Lawyer Professionalism

Michigan

Genesee County Bar Standards for Professional Conduct Within Michigan's Seventh Judicial Circuit

~SDC Eastern District~c ~------f Civility Principles r .------I , USDC Western District of Michigan , Standards for Civility in Professional Conduct -- -- - Minnesota r I I Hennepin County Bar Association -I Lawyers' Pledge of Professionalism .-,----­ I Minnesota Defense Lawyers Association Tenets of Professionalism State Ba-r-A-s-so- c-i-at-i-o-n------I r~nnesota Professionalism Aspirations

Minnesota Supreme Court Professionalism Aspirations Mississippi I .-----,Mississippi Bar I Lawyer's Creed Guidelines of Professional Conduct Sta ndards of Litigation Cond uct

~l----- Missouri r------I~------­ Bar Association of Metropolitan St. Louis I Tenets of Professionalism Kansas City Metropolitan Bar Association Tenets of Professional Courtesy

Missouri Bar Tenets of Professional Courtesy

Montana -I

Bar of Montana Standards of Professional Courtesy to Clients I e Standards of Professional Courtesy Among Attorneys Ir---N-e-v-a-d-a------Ir------­

.------1, Clark County Bar Association Pledge of Professionalism

~II------­ I New Hampshire I New Hampshire Bar Association -----,- Professionalism Creed

Ir New Jersey ---r I ~mde ~ o ~y Bar Association ~ode of Professionalism 1- Middlesex County Bar ------~de of Professionalism

New Jersey Commission on Professionalism in Principles on Professionalism the Law

I New Mexico

I State Bar of New Mexico Creed of Professionalism r New York ------~------r- ,------­ New York State Bar Association Statement of Client's Rights I Statement of Client's Responsibilities I r- N; W York State Unified Court System Standards of Civility ------~ ---- ~------~------­ USBC Eastern District of New York I Standards of Civility -I North Carolina -, Greensboro Bar Associa-t-io-n------,- Creed of Professionalism

Mecklenburg County Bar r Principles of Professional Courtesy ~-N-o-r-th-C----a ro I i n-a- Bar- -- A- s-soc----ia-t-ion------I Professio na I Creed

I "--N-o-r-t h- c-a-ro-I-i n-a- c- o- u- r--t-s-y-st-e-m--s------1 Lawye r' s Profess io n aI ism Creed

Wake County Bar Association, Tenth Judicial Creed of Professionalism District Ba r

Ohio

Supreme Court of Ohio A Lawyer's Creed, A Lawyer's Aspirationalldeals and A Judicial Creed of Professionalism I Oklahoma I I'------I f Oklahoma Bar Association Istandards of Professionalism ------I Oregon I rl--M- u-It-n--om ah-- Bar- - - As- -soc-- -ia-t-io-n ------, Com m itme nt to Professiona lism

I Oregon State Bar I Statement of Professionalis-m--­

, United States District Court, District -o-f -o-r-e-go- ----'n Statement of Professionalism

I Pennsylvania ,

I Bucks County Bar Association Rules of Professionalism

,- penns ~ lva-n-ia-Supreme Court Code of Civility

Philadelphia Bar Association Philadelphia Bar Association Principles of Professiona lism

I ~outh Carolina - --- South Carolina Bar South Carolina Bar Standards of Professionalism and Statement of Principles - South Carolina Supreme Court Judge's Oath Lawyer's Oath I .J ~essee

Memphis Bar Association ~ Iines for Professional Courtesy and I Conduct

Nashville Bar Association r-LaWyer's Creed of Professionalism r------ITexas

Dallas Bar Association rl--La-w- y- er's Creed

Houston Bar Association A Lawyer's Mandate

Supreme Court of Texas and Court of Criminal The Texas Lawyer's Creed -A Mandate for Appeals Professionalism r U~h r I Utah Supreme c- o- u- r-t------I.---S-ta- n-d-a-r-d-s-o-f-p-r-of-e-s-s-io-n-alism and Civility

I Vermont I I Vermo nt Ba r Asso cia t io n 'I---G-U-i d- e- I-i n- e-s- o- f- p- r-o-f-e-ss-io- n a- I-C-o- u- r-t-es-y---­

I Virginia I I Virginia Bar Association r-1--p-ri-n-ciPles of Professionalism for Virginia Lawyers

I Bar of the City of Richmond , Principles of Professionalism

Washington ------King County Bar Association Guidelines of Professional Courtesy

Spokane County Bar Association Code of Professional Courtesy

Washington State Bar Association Creed of Professionalism

United States District Court, Eastern District of Courtroom Practice and Civility Code (Local Rule Washington 83 .1 (k))

West Virginia

I s-;eme Court of Appeals Standards of Professional Conduct I Wisconsin J I Wisconsin -S-u- p--rem e-c-ou-rt------r Standards of Cour-t-e-sy~ n-- d D-ecorum for the ­ ~------~------Courts of Wisconsin (Supreme Court Rules Ch. 62)

Wyoming

I United States District Court, District of Standards of Litigation Conduct (Rule 83 .12.11 of I Wyoming the District Court Rules)

ABA Entities

Section of Family Law Civility Standards

Section of Litigation Guidelines for Conduct

Section of Tort Trial and Insurance Practice A Lawyer's Creed of Professionalism (TIPS)

Young Lawyers Division Lawyers' Pledge of Professionalism

Others

United States Court of Appeals for the Standards for Professional Conduct Seventh Circuit

American Academy of Matrimonial Lawyers Bounds of Advocacy for Family Lawyers r - American Association of Law Schools Statement of Good Practices by Law Professors I in the Discharge of their Ethical and Professional I Responsibilities I Amer;"n Board ofTr;a! Advocates Principles of Civility, Integrity and Professionalism Code of Professionalism

~ merican College of Real Estate Lawyers Statement of Professionalism I

~ merican cOI~ge of Trial Lawyers Code of Pretrial and Trial Conduct (2009)

The Advocates' Society (Ontario, Canada) Principles of Professionalism for Advocates and Principles of Civility for Advocates (2009) , , ..­ 111' ...

y word is my bond. I will never intentionally mislead the court or M other counsel. I will not knowingly make statements of fact or law that are untrue. q I will clearly identify for other counsel changes I have made in documents submitted to me. q I will conduct myself with dignity, civility, courtesy and a sense of fair play. q I will not abuse or misuse the law, its procedures or the participants in the judicial process. otq! I will consult with other counsel whenever scheduling procedures are required and will be cooperative in scheduling discovery, hearings, the testimony of witnesses and in the handling of the entire course of any legal matter. . otq! I will not file or oppose pleadings, conduct discovery or utilize any course of conduct for the purpose of undue delay or harassment of any other counsel or party. I will allow counsel fair opportunity to respond and will grant reasonable requests for extensions of time. ~ I will not engage in personal attacks on other counselor the court. I will support my profession'S efforts to enforce its disciplinary rules and will not make unfounded allegations of unethical conduct about other counsel. otq! I will not use the threat of sanctions as a litigation tactic. q I will cooperate with counsel and the court to reduce the cost of litiga­ tion and will readily stipulate to all matters not in dispute. q I will be punctu:lI in my communication with clients, other couns and the court, and in honoring sche led a~rances. . ,; . ( .

Following approval by Ihe LOllisiol1o SIOIt Bar Associnlioll HOllse of Delegous ond Boord of CO f)m lors ollhe 1991 Mid-Yeor Mceling. 01ld opprOf)ol by Ihe Supreme COllrt ofLouisiono on lan. 10, 1992, the Code of Professionalism ~as adopted for the IIImlberrhip. The Code origilloted out of tAe Professionalism and Quality ofLife Committee. Louisiana Rules of Professional Conduct

With amendments through January 13, 2015

Published by the Louisiana Attorney Disciplinary Board 2800 Veterans Memorial Boulevard Suite 310 Metairie, Louisiana 70002 (504) 834-1488 or (800) 489-8411 Table of Contents Rule 1.0. Terminology ...... 1 CJ ient-Lawyer Relationship ...... 2

Rule 1.1. Competence ...... 2 Rule 1.2. Scope of Representation and Allocation of A uthority Between Client and Lawyer ...... 2 Rule 1.3. Diligence ...... 2 Rule 1.4. Communication ...... 2 Rule 1.5. Fees ...... 3 Rule 1.6. Confidential ity of Information ...... 5 Rule 1.7 . Conflict of Interest: Current Clients ...... 6

Rule 1.8. Conflict of Interest: Current Clients: Specific Rules ...... 7 Rule 1.9. Duties to Former Clients ...... II Rule 1.10. Imputation of Conflicts of lnterest: General Rule ...... 12 Rule 1.1 J. Special Conflicts of Interest for Former and Current Government Officers and Employees 12 Rule 1.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral ...... 13 Rule 1.13. Organization as Client...... 14 Rule 1.14. Client with Diminished Capacity ...... 15 Rule 1.15. Safekeeping Property ...... 16 IOLTA Rules ...... 19 Rule 1.16. Declining or Terminating Representation ...... 21 Rule l.17. [Reserved] ...... 22 Rule 1.18. Duties to Prospective Client...... 22 Counselor ...... 23 Rule 2.1. Advisor...... 23 Rule 2.2. (DELETED) ...... 23 Rule 2.3. Evaluation for Use by Third Persons ...... 23

Rule 2.4. Lawyer Serving as Third-Party Neutral ...... 23 Advocate ...... 24 Rule 3.1. Meritorious Claims and Contentions ...... 24 Rule 3.2. Expediting Litigation ...... 24 Rule 3.3. Candor Toward the Tribunal ...... 24 Rule 3.4. Fairness to Opposing Party and Counsel ...... 25

With amendments through 1113/2015. Rule 3.5. Impartiality and Decorum of the Tribunal ...... 25 Rule 3.6. Trial Publicity ...... 26 Rule 3.7. Lawyer as Witness ...... 27 Rule 3.8. Special Responsibilities of a Prosecutor ...... 27 Rule 3.9. Appearance in Nonadjudicative Proceedings ...... 2 8 Transactions with Persons other than Clients ...... 28 Rule 4.1. Truthfulness in Statements to Others ...... 28 Rule 4.2. Communication with Persons Represented by Counsel...... 28 Rule 4.3. Dealing with Unrepresented Person ...... 29 Rule 4.4 . Respect for Rights of Third Persons ...... 29 Law Firms and Associations ...... 29 Rule 5. 1. Responsibilities of Partners, Managers, and Supervisory Lawyers ...... 29 Rule 5.2. Responsibilities of a Subordinate Lawyer...... 30 Rule 5.3. Responsibilities Regarding Nonlawyer Assistance ...... 30 Rule 5.4. Professional Independence of a Lawyer ...... 31 Rule 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law ...... 31 Rule 5.6. Restrictions on Right to Practice ...... 34 PUBLIC SERVICE...... 34 Rule 6.1. Voluntary Pro Bono Publico Service ...... " ...... 34 Rule 6.2. Accepting Appointments ...... 35 Rule 6.3. Membership in Legal Services Organization ...... 35 Rule 6.4. Law Reform Activities Affecting Client Interests ...... 36 Rule 6.5. Nonprofit and Court-Annexed Limited Legal Services Programs ...... 36 INFORMATION ABOUT LEGAL SERVICES ...... 36 Rule 7.1 . General ...... 36 Rule 7.2. Communications Concerning a Lawyer's Services ...... 37 Rule 7.3. [Reserved] ...... 43 Rule 7.4. Direct Contact with Prospective Clients ...... 43 Rule 7.5. Advertisements in the Electronic Media other than Computer-Accessed Communications 45 Rule 7.6. Computer-Accessed Communications ...... 46 Rule 7.7. Evaluation of Advertisements ...... 47 Rule 7.8. Exemptions from the Filing and Review Requirement...... 50

With amendments through 1113/2015. II Rule 7.9. Information about a Lawyer's Services Provided upon Request ...... 5] Rule 7.10. Firm Names and Letterhead ...... 52 MAINTAINING THE INTEGRITY OF THE PROFESSION ...... 52 Rule 8.1 . Bar Admission and Disciplinary Matters ...... 52 Rule 8.2. Judicial and Legal Officials ...... 53 Rule 8.3. Reporting Professional Misconduct ...... 53 Rule 8.4. Misconduct...... 53 Rule 8.5. Disciplinary Authority; Choice of Law...... 54

With amendments through 1113/2015 . III Student Professionalism Pledge

I, , a student at Loyola University New Orleans College of Law, acknowledge the privileges inherent in becoming a lawyer and willingly accept the responsibilities that must accompany such privileges. I promise from this day forward, to do my best to live up to the expectations of my chosen profession. I will remember that my actions reflect not only upon myself, but upon Loyola and the legal profession. I vow to be a person of principle. I am committed to the pursuit ofjustice in the service of others and dignity for all. I will continue to pursue academic excellence and professional development to the best of my ability. I understand my reputation for integrity and ethical conduct is being formed now among my future colleagues. At all times, I will conduct myself with dignity and civility and show kindness and respect toward my classmates, teachers, and all persons. I have read the Loyola College of Law Honor Code and I hereby commit that I will conduct my life in accordance with the values and standards expressed therein.

I take this pledge freely and upon my honor. Case 2: 10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 1 of 19

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

MOL NO. 2179 IN RE: OIL SPILL by the OIL RIG "DEEPWATER HORIZON" in the GULF OF MEXICO, on APRIL 20, 2010 SECTION: J

JUDGE BARBIER MAG. JUDGE SHOSHAN

THIS DOCUMENT RELATES TO ALL CASES

PRETRIAL ORDER #1 Setting Initial Conference

It appearing that civil actions listed on Schedule A,

attached hereto, which were transferred to this Court by order of

the Judicial Panel on Multi District Litigation pursuant to its

order of August 10, 2010, merit special attention as complex

litigation, it is, therefore, ORDERED that:

1. INTRODUCTION - It is not yet known how many attorneys

will eventually join this litigation, but we can assume it will

be a large number. As attorneys involved In a multi-district

case, you will probably be laboring together for some time in the

future with work progressively becoming more complicated and

exacting. Some of you know each other and some are complete Case 2:10-md-02179-CJ8-SS Document 2 Filed 08/10/10 Page 2 of 19

strangers. Undoubtedly each has a different style and personality. It is likely that during the course of this litigation your working relationship will occasionally be strained, communication derailed, and mutual trust questioned.

The just and efficient resolution of this litigation will depend in large measure on the way you as attorneys comport yourselves and overcome the temptations and trepidations inherent in a case of this magnitude. The Manual for Complex Litigation recognizes that judicial involvement in managing complex litigation does not lessen the duties and responsibilities of the attorneys. To the contrary, the added demands and burdens of this type of

litigation place a premium on professionalism and require counsel

to fulfill their obligations as advocates in a manner that will

foster and sustain good working relations among fellow counsel

and the Court. The Court expects, indeed insists, that

professionalism and courteous cooperation permeate this

proceeding from now until this litigation is concluded. The

court record should never be the repository of ill-chosen words

arising out of a sense of frustration over real or imagined

issues. Because of the high level of competence and experience

of attorneys who are generally involved in multi-district

litigation, this Court is confident that this objective will be

achieved without judicial intervention.

-2­ T HE G E 0 R G E '1' 0 \V N J 0 URN A L 0 F LEGAL ETHICS

\ (11 II. " 1 ARTICLES ~L ~I \I LR 19

O .\IP I:.'T ITIO~ I" PERSO., .\ L LI::C AI. Sr.R\ · I C I~~ ",ry SmgJI'" Cl!RREl\. T DEVELOPMENTS A:-','lI:AI. S RVIo') OF DI::" r. 1.0I'M F " ~ 1.'1 L ·C.... l. ETHI - COMMENT.A.RY PROf' SSIO.' ,'.I. IS\1 ME.-\:-': · P 1I1<"U Yo ' R PROFI:.S '10' FIR~1' ,Ihchod Do

~ @~n\YI~ n ~J£R FOR THE STUDY OF ETHICS IN ,­ 17 1989 / 11' THE PROfESSIONS lIBRAR~ J U Hofstra Labor and Employment Law Journal

Volume 91 Issue 2 Article 4

1992 Does New York's Code ofProfessional Responsibility Force La~ers to Put Their Jobs on the Line? A Critical Look at Wieder v. Skala

Christopher G. Senior

Follow this and additional works at: http: //scholarlycommons.layv.hofstra.edu/ hlelj b Part ofthe Law Commons

Recommended Citation Senior, Christopher G. (J 992) "Does New York's Code of Professional Responsibility Force Lawyers to Put Their Jobs on the Line? A Critical Look at Wieder v. Skala," Hofstra Labor and Employment Law Journal: Vol. 9: Iss. 2, Article 4. Available at: http: / /schoh rlycommolls.bw.hofstr a.edu/ lllelj / voI 9/;ss2/ 4

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bwd s ~v ho ($ t r .1 . c. du. Nebraska Law Review

Volume 72 IIssue 4 Article 9

1993 An Essay on the Dilemma of"Honest Abe": The Modern Day Professional Responsibility Implications ofAbraham Lincoln's Representations ofClients He Believed to Be Culpable

Andrew L. Reisman Ul1ited States Court ojAppeals, Sevel1th Circuit, andy(iVelijahtechnologies.com

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Recommended Citation Andrew L. Reisman, An Essay on th e Dilemma of "Honest Abe"; The Modern Day Professional Responsibility Implication s ofAbraham Lincoln's Representations of Clients He Believed to Be Culpable, 72 Neb. L. Rev. ( 1993) Available at: http://digitaicommons.unl.edu/ nlr/vol72/iss4/9

This Article is brought to you for free and open access by the Law, College of at DigitalCommons@>University of Nebraska . Lincoln. It has been accepted fo r inclusion in Nebraska Law Review by an authorized administrator ofDigitaICommons@>UniversityofNebraska. Lincoln. ValpoScholar Valparaiso University Law Review

Volume 28 pp.6S7-708 Number 2

Symposium on Civility and Judicial Ethics in the 1990s: Professionalism in the Practice ofLaw Professionalism as Class Ideology: Civility Codes and Bar Hierarchy

Amy R. Mashburn

Recommended Citation Amy R. Mashburn, Professionalism as Class Ideology: Civility Codes and Bar Hierarchy, 28 Val. U. L. Rev. 657 (1994). Available at : http://scholar.valpo.edu/ vulr/voI28/iss2/7

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Volume 36 IIssue 4 Article 3

Reconciling Professionalism and Client Interests

Fred C Zacharias

Repository Citation Fred C. Zacharias, Reconciling Professionalism and Client interests, 36 Wm. & Mary L. Rev. 1303 (1995), http://scholarship.law.wm.edu/wmlr/voI36/iss4/3

Copyright c 1995 by the authors. This article is brought to you by the William & Mary Law School Schol.rship Repository. hltlJ:;' ,i." chular..-hip.law.wm .cti u.... \vOl}r Fordham Law Review

Volume 63 1Issue 4 Article 2

1995 The Decline ofProfessionalism

Warren E. Burger

Recommended Citation Warren E. Burger, The Decline ofProfmionalism, 63 Fordham L. Rev. 949 (1995). Available at: http: //ir.lawnet.fordham.ed u / fI.r / voI63/iss412

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1-1-1996 Warren Burger and the Administration ofJustice

Carl Tobias

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Recommended Citation Carl Tobias, Warren Burger and the Administration ofJustice, 41 Vilt. L. Rev. 50S (1996). Available at: http: //digitalcommons.law.villanova.edu/vlr/voI41 /iss2/3

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Benj.a n\i I 't.C.) r Is 0 I \(W 1;\ wvi Ila nova.ed u. Attorney Deceit Statutes: Promoting Professionalism Through Criminal Prosecutions and Treble Damages

Alex B. Long'

Unbeknownst to many lawyers, at least twelve jurisdictions ­ including New Y0r11 and CaliJornia - have statutes on the boohs that single out lawyers who engage in deceit or collusion. In nearly all oj these jurisdictions, a lawy er Jound to have engaged in deceit or collusion Jaces criminal penalties and/or civil liability in the Jorm oj treble damages. Until recently, these attorney deceit statutes have languished in obscurity and, through a series oj restri ctive readings oj the statutory language, have been rendered somewhat irrelevant. However, in 2009, the New York Court oj Appeals breathed new life into New Yorh's attorney deceit statute through its decision in Amalfitano v. Rosenberg. This Article discusses the extent to which , in this age oj widespread distrust oj the legal proJession, this type oj external regulation oj the legal proJession is a desirable approach. The Article concludes that although the utility oj existing attorney deceit statues is wlderminec! by the broadness oj the lal1g~wge, the symbolism oj the statLltes is important. By relying on the development oj tort law to address the sClme subject matter, courts can achieve the same educational and symboliC goals while dealing with attorney deceit on a more practiced bc(sis .

. Associate Professor of Law, Uni verS ity of Tennessee Coll ege of Law. My thanks to the participants at th e Oklahoma Cil)' University School of La w faculty colloquium, including Paula Dalley, the Honorable Neil Gorsuch, Carla Spivack, and Deborah Tussey , for their comments and participation. Thanks also to Tom Davies and Mau ri ce Stucke for comments and assis tance. Paul Wehmeier provided valuable research assistance for which I am grateful.

413 Boston College Law School Digital Conlmons @ Boston College Law School

Boston College Law School Faculty Papers

1-1-2004 Judicial Attitudes Toward Confronting Attorney Misconduct: A View From the Reported Decisions

Judith A. McMorrow Boston College Law School, [email protected]

Jackie Gardina Vermont Law School

Salvatore Ricciardone Boston College Lynch School ofEducation

Follow this and additional works at: http: //lawdigitalcommons.bc.edu/ lsfp & Part of the Ethics and Professional Responsibility Commons, Judges Commons, Law and Society Commons, Legal Histor~ Theory and Process Commons, and the Legal Profession Commons

Recommended Citation Judith A McMorrow,Jackie Gardina, and Salvatore Ricciardone. 'Judicial Attitudes Toward Confronting Attorney Misconduct: A View From the Reported Decisions." Hofstra Law Review 32, (2004): 1425-1474.

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Volume 68 INumber 3 Spring 2008 ------

Reputation and the Rules: An Argument for a Balancing AEproach under Rule 8.3 ofthe Model Rules ofProfessional Conduct

Ryan Williams

Repository Citation Ryan Williams, Reputation and the Rules: An Argument for a Balancing Approach under Rule 8.3 of the Model Rules ofProfessional Conduct, 68 La, L. Rev, (2008) Available at: http: //digita!commons.law,lsu,edu/ lalrev/ voI68/issJ/6

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WILLIAM T. ELLIS' AND BILLIE J. EI~LIS"

TABLE OF CONTENTS

1. INTRODUCTION ...... 591 II. LA WYER REGULATION IN THE LAST 100 yEARS ...... 597 III . EXPRESSIONS OF THE ASPIRATIONAL DRIVE ...... 600 A. Professionalism Movement ...... 600 B. The Limitations ofa "Code/Creed" Approach ...... 602 IV. ARISTOTLE'S THEORy ...... 602 V. LINCOLN AS A ROLE MODEL ...... 606 V!. LINCOLN AND THE MODEL RULES ...... 612 A. Model Rules 1.1 and 1. 3-Competence and Diligence .. . 613 B. Model Rule 1.5-Fees ...... 619 I. The Fees Rule Defined ...... 620 2. Lincoln and the Fees Rule ...... 623 3. Lesson Learned: Differentiating Between Reasonable and Fair Fees ...... 629 VII. CONCLUSION ...... 635

I. INTRODUCTION

The legal profession suffers from an ethical CnsIS. Thi s belief-so often mentioned, debated, and mulled over- has devolved into a disheartening platitude. Despite the onslaught of discussion and opinion, or perhaps as a result of it, the precise nature of this ethical crisis is nebulous. It is uncertain when this ethical crisis began. Its causes are unclear, its effects are disputed, and its suggested remedies are boundless. Amid this ambiguity, the term crisis becomes a slippery designation. A crisis implies a temporary turning point-a moment in time when problems

* Candidate for Master of Theological Studies, co ncentrating in Religion, Ethics, and Politics, Harvard Divinity School, expected 20 I0; Bachelor of Arts, Kenyon College, 200S . ** Partner, Locke Lord Bissell & Liddell, Dallas, Texas; Juris Doctor, University of Houston Law Center, 1978; M.B .A. Southern Methodist University, 1977; Bach elor of Arts, University of Texas at Austin , 1974 . 111" 'I \" I '" I' 'l j.J, I ,I ~ .. , ) COM MON S ~. , , . , ..

GW Law Faculty Publications & Other Works Faculty Scholarship

2011 Calling Law a 'Profession' Only Confuses Thinking about the Challenges Lawyers Face

Thomas D. Morgan George Washington University Law School, [email protected]

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Recommended Citation Thomas D. Morgan, Calling Law a 'Profession' Only Confuses Thinking about the Challenges Lawyers Face, 9 U. St. Thomas LJ. 542 (2011 ).

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Volume 7 Article 8 Issue 1 Symposium on Legal Ethics

February 2014 The Professionalism Movement: The Problems Defined

Jack L. Sammons

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Recommended Citation Jack L. Sammons, The Professionalism Movement: The Problems Defined, 7 NOTRE DAME].L. ETHICS & PUB. POL'y 269 (1993). Available at: http://schol'HshiJ.'.law.nd.edl1/ ndjJepp/ vo I7 / iss l ! 8

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