I will attempt to prepare documents which correctly reflect the agreement of the parties.

Full Quote from the Texas Lawyer's Creed

"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."

One of the most important and necessary tasks that we undertake as attorneys is the preparation of documents that comport with the agreements we have made with opposing counsel in the resolution of our cases.  Our written word, is in fact, our bond.  It is incumbent upon us to draft documents according to what each party believes he/she has agreed upon.  This is not the time to zealously advocate, but to put down the sword and pick up the pen of good faith and compromise. 

There will be times when you receive a document that has been drafted hastily, without sufficient thought and adherence to your agreement.  Sometimes in the minutes before a courtroom door closes for lunch, we scribble on our Associate Judge’s Reports, and do not take enough time to carefully set out all of the terms we are addressing.  You may receive a set of Temporary Orders that contains matters you did not discuss, or were not included in the Report on the hearing date.  In these instances, rather than cuss under your breath at opposing counsel, take some time to look at your notes, call opposing counsel and resolve the discrepancy as best you can.  In most cases, these were oversights, and not intentional misstatements.  Our first impulse should be to give our colleagues the benefit of the doubt, and realize that we all do make mistakes from time to time. 

It is a betrayal of our profession to draft documents that are not reflective of our agreements.  It is dishonest and unethical.  We are not here to pull the wool over our opponents’ eyes.  Our professional lives are built upon our reputations for truthfulness and accuracy.  We are so fortunate to practice within a family law bar of decent and kind individuals.  It may take some time to carefully draft the correct document, but it is time well spent and will ensure your reputation for honesty continues.

Submitted by Jane H. Mapes, Attorney at Law

Hurst, Texas