I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel.

Full Quote from the Texas Lawyer's Creed 

"I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety.  I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses.  I will not be influenced by any ill feeling between clients.  I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel."

Clients and potential clients often ask us to give them information about opposing attorneys so they can "size them up" or quantify "their chances" of prevailing.  If we fall into this trap, either because we are being frank with the client or in hopes of signing up the case, we are allowing the client to focus on the wrong thing.  They need to be reminded that their case will turn on the facts that they and their spouse have created by their conduct, and not the relative skill or experience of the attorneys.

As a practical matter, if we make a disparaging comment to our client about the opposing attorney or party, you can virtually guarantee yourself that your client will repeat it to their spouse (possibly with embellishment), who will then tell their attorney.  No good can come of this type of exchange, for either the clients or ourselves or our colleagues.  Remember, we will be working with our colleagues well into the future, and each individual client is generally a short term relationship for us.

By rising above the temptation to disparage our opposing counsel, opposing parties, or opposing witnesses, we maintain a higher level of professionalism and avoid conduct that ultimately reflects poorly on our profession as a whole.

Submitted by Vaughn Bailey, Attorney at Law
Fort Worth, Texas