Texas Lawyer's Creed - "I will treat adverse parties and witnesses with
fairness and due consideration. A client has no right to demand that I abuse
anyone or indulge in any offensive conduct."
This is one of those things that seems to me shouldn't even have to be an
instruction. I think it follows from the "Golden Rule." In my preparation for
this I read Preamble to the Texas Rules For Professional Conduct. I will spare
you me typing the entire preamble for your perusal. However, I will include a
few of the more salient points.
From Item 1. "…Lawyers, as guardians of the law, play a vital role in the
preservation of society. The fulfillment of this role requires an understanding
by lawyers of their relationship with and function in our legal system…."
From Item 2. "…As negotiator, a lawyer seeks a result advantageous to the client
but consistent with requirements of honest dealing with others. As intermediary
between clients, a lawyer seeks to reconcile their divergent interests as an
advisor and, to a limited extent, as a spokesperson for each client…."
From Item 4. "…A lawyer should use the law's procedures only for legitimate
purposes and not to harass or intimidate others. A lawyer should demonstrate
respect for the legal system and for those who serve it, including judges, other
lawyers and public officials. While it is a lawyer's duty, when necessary, to
challenge the rectitude of official action, it is also a lawyer's duty to uphold
legal process."
Perhaps one of the greatest points is Item 9 in its entirety "Each lawyer's own
conscience is the touchstone against which to test the extent to which his
actions may rise above the disciplinary standards prescribed by these rules. The
desire for the respect and confidence of the members of the profession and of
the society which it serves provides the lawyer the incentive to attain the
highest possible degree of ethical conduct. The possible loss of that respect
and confidence is the ultimate sanction. So long as its practitioners are guided
by these principles, the law will continue to be a noble profession. This is its
greatness and its strength, which permit of no compromise."
In the comment 1 to Rule 4:04 (Respect for the rights of Third Persons) of the
Texas Rules for Professional Conduct we are instructed "Although in most cases a
lawyer's responsibility to the interest of his client is paramount to the
interest of other persons, a lawyer should avoid the infliction of needless
harm."
The fact that the same or similar principal is repeated in various forms
throughout the Texas Lawyers Creed – A Mandate for Professionalism and
throughout the Texas Rules for Professional Conduct tells me that it is an
important principal. Our legal system allows litigants an organized method and
forum to resolve their disagreements in a manner calculated to give all parties
an opportunity to be heard and for an impartial person or jury to listen to and
consider the evidence and then apply the law to that evidence.
Many years ago when I attended law school I was taught that we were to be
attorneys AND counselors, not solely advocates. If we act solely as advocates
then we become much like a ventriloquist's "Dummy" that spout out all of the
vitriol that our client feels toward the other party rather than as counselors
advising our clients and guiding them through the legal process to pursue their
legitimate objectives. In my mind it occurs to me that our court system is to
be much like the people in the book of Exodus approaching Moses to seek wisdom
to solve their disagreements. As such, we should treat the occasion with
solemnity and respect. We should also treat the litigants, witnesses, court, and
court staff with respect.
The alternative is that the court system devolves into an arena of two
gladiators fighting to the death. It is more akin to anarchy where each person
does what is right in their own eyes or where might triumphs over right.
Submitted by Robert Blankenship, Attorney at Law
Fort Worth, Texas
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