Wednesday, October 30, 2013

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

Full Quote from the Texas Lawyer's Creed 

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

Read the live pleadings with emphasis on the most recently filed motions, answers, amended and supplemental pleadings to make sure that you are defending or pursuing the proper causes of actions and/or defenses before the court. Know your case.

Be cognizant of the local rules and the Texas Rules Civil Procedure for amended and supplemental pleadings and understand the effect of each. Make sure that you have not waived an essential element of your cause of action by your subsequent written pleadings and/or amendments. Do not be afraid to seek assistance from fellow lawyers who are more knowledgeable in a particular area of law to insure that you are making the best decision on behalf of your client. Most lawyers are willing to assist you out of professional courtesy. If the issues in controversy are beyond your areas of concentration or expertise, refer the case or seek co-counsel to obtain the best relief for your client within the bounds of the law. 

If you know you have not had adequate time to prepare for a proceeding, and have not been able to give deliberate, impartial and studied analysis and consideration of the issues for a scheduled court appearance, timely file a verified motion for continuance, set the same for hearing and appear on the hearing date unless otherwise excused by the court. Be certain to follow the local rules and rules of the individual courts regarding the certificate of conference for each motion filed.

It is your duty to be armed with the evidence to zealously represent your client while maintaining your dignity and respect to the court, opposing counsel and parties to the litigation. Be certain to consider the ethnicity, gender, age, and cultural background of the parties and minor children, when analyzing the totality of your case. For example, an African American’s new Caucasian wife chemically treated and cut her African American stepdaughter’s long hair. It caused her hair and scalp damage, drastically altered her appearance, to the point where she suffered emotional ridicule from her classmates. She had to seek psychological counseling. This caused conflict between the biological parents. Knowledge that most African American’s hair does not grow back quickly like other races was an important element of the case, particularly when proposing a provision in an order to restrain from something as simple as hair cutting or chemically treating hair and scalp. 

Do not be afraid to conduct your independent research and assessment of the law to achieve the best results for your client. You may address novel issues, if properly researched and briefed for the court and opposing counsel. On a personal note, your spirituality and faith in God or a higher being should radiate as you interact with others and practice law.

Your action in every case is a reflection of your credibility, professionalism, and integrity; and is a stepping stone to a successful legal career in the courtroom, among your legal peers and the general public. Clients often share the good, bad and ugly of their experiences with lawyers and the judicial system. Let them spread the good. Keep things in perspective to maintain the public confidence. Win, lose or settle - our actions are always held to a higher standard and we should always keep your composure to protect the dignity of our profession. I will continue to use the Lawyer’s Creed and common sense in this profession.


Submitted by Bobbie Edmonds, Attorney at Law
Fort Worth, Texas

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