I Can Disagree Without Being Disagreeable.

Full Quote from the Texas Lawyer's Creed

"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."

We are advocates for our clients. Advocating doesn’t have to mean being disagreeable. Advocating a position requires us to present our position in a well organized and focused manner. We need to remember that our disagreements usually arise because we have received facts from our clients which we believe to be true. A client’s perception of what occurred in a particular circumstance may vary from what actually occurred. As attorneys, we need to know the truth about an issue and if we listen to the other attorney we might gain more insight about the truth.

It is understandable that we might disagree about the outcome of a particular matter. What is important is that we treat each other as gentlemen and gentlewomen acting as members of an honorable profession. Showing our clients that we can advocate a position while showing each other respect elevates our profession. When you disagree with your friends about an issue, you still remain friends. We aren't all friends, but we are all colleagues and we should treat each other more as friends than as enemies.

Effective representation should require attorneys to achieve the legitimate goals of a client as efficiently as possible.  Attorneys should take the steps necessary to obtain the information which is needed to resolve the case. We should tailor our discovery and the way we work the case to the particular circumstances of each case. Not every case has the same asset structure or significant custody or property issues. We should ask the questions needed but not overburden the other side with discovery if it is not needed. 

 

Submitted by John Clark, Attorney at Law

Arlington, Texas