I will advise my client of proper and expected behavior.

Full Quote from the Texas Lawyer's Creed 

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

As lawyers, we are taught and modeled appropriate behavior beginning in law school - through courses in ethics and professional conduct and through observations of our colleagues and mentors. A client receives no such instruction about expected behavior; they do not intuitively understand what is expected of them in court, in their interactions with opposing counsel and parties, and in their dealings with their own counsel.

For most of my new clients, the matter for which they seek my representation is their first exposure to the judicial process and adversarial system of conflict resolution. It is, therefore, my unique responsibility to explicitly and specifically advise and counsel my client of proper and expected conduct. In so doing, I advance my client's legal interests and provide the context for a more tolerable experience for the client (who is necessarily engaged in a stressful and emotional conflict, having needed my services).

Client-Lawyer Interactions

A lawyer should never assume that a client intuitively knows what information the lawyer needs, or understands the importance of full and honest disclosure of "bad" facts, or knows the importance of being reachable and available for communications, among other behaviors.   Similarly, a client may not understand that it's the client's goals and objectives that drive each aspect of the lawyer's representation, so the client may remain passive and silent instead of expressing his/her wishes about a particular strategy or course of conduct pursued by the lawyer.  

It is vital to a healthy client-lawyer relationship that we, as lawyers, inform and explain our expectations of our clients. Advising a client of expected behavior also assures that the lawyer can provide his/best legal representation. Clear communications about expectations will curtail disputes with clients and will help the lawyer avoid disciplinary complaints.

Courtroom conduct

In my family law practice, clients are typically emotionally charged and teeming with negative emotions directed at the opposing party and opposing counsel. If I do not explain proper and expected behavior to them, human nature will prevail, and any or all of the following will result, to the client's detriment: 

• the client will roll their eyes, sigh, and shake their head at counsel table while the opposing party testifies and the opposing counsel makes arguments to the court

• the client will become argumentative and defensive when being cross-examined by opposing counsel

• the client will interrupt or spar with the judge

• the client will keep talking despite opposing counsel having risen to make an objection

• the client will wear inappropriate attire in the courtroom, or will chew gum, or have their cell phone ring

• the client will respond to the judge and opposing counsel with "yeah" instead of "yes sir/ma'am"

Any of those behaviors will likely result in the judge perceiving my client as disrespectful and unable to modulate their behavior, and that could very well impact the outcome of the proceeding. Advising the client about proper and expected behavior is as important as preparing legal arguments.

Conduct in dealing with opposing parties and counsel

Clients may not intuitively understand that all of their behavior during a pending case will be scrutinized and judged. The client may think nothing of sending charged and hostile emails to their ex, or posting disparaging comments about the opposing party or counsel on FaceBook. If I don't advise my client about proper behavior and the possible ramifications, then I should expect any inappropriate behavior to continue -- and that will damage my client's legal interests in front of the judge.

Submitted by Natalie Malonis, Attorney at Law
Fort Worth, Texas