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

I will refrain from excessive and abusive discovery.

Full Quote from the Texas Lawyer's Creed 

"I will refrain from excessive and abusive discovery."

In this age of technology it’s easy to push some button and whip out global discovery that asks for everything under the sun and then some. At first blush, this may seem like it saves a client time and money. But consider what happens if both sides do that.  Both parties have to locate, copy and produce unnecessary documents.  Both attorneys have to review the documents upon receipt.  Consider the time and cost to each party for attorney time to review and organize the documents.  Do you really need 20 years of bank statements?  Or do you need 5 years of bank statements and a specific document from 20 years ago?

Know your case and tailor your discovery requests to identify specific documents you need.  Don’t include a request for business documents if the parties never owned a business. Preparing for issuing and responding to discovery is as essential as preparing for trial.  Identifying the issues and the information you will need to prove your case, or rebut the opposing party’s case, will streamline the process and be more cost effective overall.  

Also consider minimizing the use of objections.  If a request legitimately requires an objection, use the specific objection that is most relevant to the request, and use a few as possible.  And be careful using “blanket” or “standard” objections.  If the request does not contain the phrases “each,” “every,” and “all,” don’t state that as an objection (yes, that happened.)

Like every duty to the client, the court and other attorneys, our responsibility in utilizing discovery should focus on the client’s true objectives and furthering the client’s goals.  We’ve probably all had a case that got under our skin or an opposing attorney who got us riled up, but the lawyers creed tells us that the desire to “hit them with everything we’ve got and object to everything-” takes a back seat to acting in the client’s best interest and maintaining our professionalism.

Submitted by Lisa K. Hoppes, Attorney at Law
Hurst, Texas

Full Quote from the Texas Lawyer's Creed 

When my Texas Bar Journal arrives I turn to the back and read “Disciplinary Actions.”  It’s my monthly refresher course on what not to do.     The refrain “a lawyer shall not neglect a legal matter entrusted to the lawyer,” from Rule #1 of our Disciplinary Rules is repeated time and time again.  Neglecting a client’s matter results in dire consequences and is the stuff of which lawyers’ nightmares are made.  The Creed, however, sets a higher standard than merely not neglecting a case: SPEED.  When I commit to practice in accordance to the Creed, I commit to working “quickly” to achieve the client’s objectives.

The client’s main objective after getting the desired ruling or settlement is finishing.  That means a final order signed by the Judge. The order drafting phase of the case is where cases sometimes languish.  Let’s say mediation resulted in a final settlement, and I must draft the final order. Two or three weeks pass, and then the dreaded “when will my decree be finished?” call comes from the client before I have started the decree.  Ignoring the client’s call is briefly tempting.  There are a lot of other demands on my time, but experience tells me that ignoring that inquiry results in an angry client.

One approach that has worked for me is imposing my own deadline to finish a draft for the client.  If the client calls or emails to ask when the draft of the order will be done, I tell them that self-imposed deadline. That seems to satisfy the client’s reasonable need to know when this step of the case will be finished.  Those self-imposed deadlines to finish orders also help me prioritize my workload.  If I tell a client I hope to have the draft to him by Friday, then I feel compelled to keep my word.   Other work waits while I get that decree done.  If it looks like I misjudged my schedule and will need more time I report that to the client.

When I commit to practice according to the Lawyer’s Creed I acknowledge that working quickly to achieve my client’s objective must be among my goals. I recognize that I am not always able to provide quick service. I must constantly work to improve my efficiency and to move my cases as quickly as possible.  I am far from perfect, and there will be times when the client’s idea of quick and mine will not be the same.  The Creed asks me to keep trying.

Submitted by Zoe Meigs, Attorney at Law

Fort Worth, Texas

I will treat adverse parties and witnesses with fairness and due consideration.

Full Quote from the Texas Lawyer's Creed 

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

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

I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.

Full Quote from the Texas Lawyer's Creed 

"I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes."

In his “Notes for a Law Lecture” circa 1850, Abraham Lincoln advised lawyers to: "Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser---in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough."

Often, lawyers feel that they must be directive and overtly adversarial in order to prove their worth to clients. As a result, it is counterintuitive to let clients take the lead in resolving their own case.

In his lecture, Lincoln was not only pointing out the value of alternative dispute resolution to clients, but he clearly knew such practices would ensure there would “still be business enough” for the lawyers. Basically, Abe laid out the most basic of marketing plans, centering on outstanding service to the clients.

A lawyer who knows how to facilitate as well as advocate; guide instead of direct; and empower rather than overpower; is the lawyer who is remembered well when the case is over. Clients who leave with their dignity intact, and the pride of agreement, refer others to the lawyer who got them there.

Family lawyers who have the art of alternative dispute resolution in their toolboxes are not only ensuring a better future for the families they deal with, but they are also guaranteeing themselves a thriving law practice in which they can continue those good works into the foreseeable future. 

Submitted by Janet M. Denton, Attorney at Law
Fort Worth, Texas

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

I will advise my client of the contents of this creed when undertaking representation

Full Quote from the Texas Lawyer's Creed 

“I will advise my client of the contents of this creed when undertaking representation.”

Believe it or not, at the Nunneley Family Law Center, the Texas Lawyer’s Creed is printed on the back of our Attorney Fee Agreement. Each time a new client retains me as their attorney, I take a moment to point out and go over the Creed on the back of the fee agreement. I always tell my new client that the Creed is what I strive to live up to as a lawyer, and if at any time they feel that I am not doing so, then they should let me know! Not all people are aware of the existence of the Texas Lawyer’s Creed, so I think it’s important that we point it out and let the client know that we do have standards! With the reputation that our profession tends to have, it is important for our clients to know that we are committed being ethical and professional. 

Submitted by Sonya R. Carrillo, Attorney at Law
Hurst, Texas

I will respect the rulings of the Court.

Full Quote from the Texas Lawyer's Creed 

“I will respect the rulings of the Court."

 

At first reading, I thought “Ha!  I got the easy one!  This one is a no-brainer.”  Most of us respect and honor not only our judges individually but also their rulings – even the ones that we may not think are the “right” ones.  However, upon further contemplation, I realized there is a bit more to this statement than simply following the letter of the law.

I find it very notable that the line reads “respect”.  Not “follow” or “abide by” but “respect”.  Respect is more than simply meeting the written obligations or restrictions of a ruling.  To me, respect requires that I impart to my client the gravity and weight of a court’s decision.  It is important that I convey the full meaning and consequences of the court’s decision to the client.    This is, of course, simple when the ruling has come out in my client’s favor.  The challenge is when we do not agree with a court’s decision.  It is sometimes tempting to bad mouth a court’s ruling or a particular judge to our client in an effort to explain an unsatisfactory outcome.  However, this is another important time for us all to remember that it’s not about us and our personal opinions.  It’s about the litigants and perhaps more importantly, the entire court process. Our system provides for relief if it’s in our client’s best interests to challenge a ruling.   However, denigrating a court’s decision to a client is not the answer.  If we fail to respect the court, then we cannot expect litigants to show the court the respect it deserves.  Frankly, we as attorneys are part of the overall court process.  If we disparage the court, we are in a sense disparaging ourselves.  Just like when we tell parents not to disparage the other parent in front of the children, we should not disparage a court ruling in front of our clients.  We are called upon to model respect for the court which in turn means respect for the court’s rulings. It is often our own behavior that influences the behavior of our clients.  If we do not show proper deference and respect, then we can never expect the general public to do so.

Submitted by Dana Floyd Manry, Attorney at Law

Hurst, Texas 

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."

Unfortunately, at times attorneys seem to forget that yes, you may have had to do a motion to compel and request sanctions. However, if the other attorney did not have bad intentions for being late with discovery or other response is it really necessary to have a full hearing and demand sanctions??  I was actually accused of going soft on an attorney and not demanding sanctions against an attorney who had been very ill and I was shocked that someone thought I had violated my duty of zealous representation without the person knowing the entire story. So, I learned a lesson and it made me think about my own assumptions I have made against other attorneys.

On another issue, we do a disservice to our profession every time we talk poorly of another attorney or judge to non-attorneys - our clients, our friends, our family.  I know I have personally been challenged on this issue. I may discuss with my husband or another person who I felt that a certain attorney was unethical or may have said other disparaging remarks. I challenge each one of you and myself, to make it a point to say something really good about an attorney or judge that you know to at least one non- attorneys. For example, you could say, “wow you would not believe how great it is that we have a local attorney Diane Wanger, who has spearheaded a local effort to bring ethical issues to the forefront of our practice once again and boy is she making a great impact”.  Or, “Wow, you should have seen how great Judge X did in court today. He/she was so even tempered to both parties and listened to each side and handed down a fair order for both parties that was in the best interest of the children”.

Let’s face it word of mouth is the best advertisement. Let’s get the word out that we don’t hate each other, that we are, as a whole, a profession that deserves respect.

Submitted by Karon L. Rowden, Attorney at Law

Fort Worth, Texas

I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage.

Full Quote from the Texas Lawyer's Creed
“I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage."

C.S. Lewis was quoted as saying that "Integrity is doing the right thing, even when no one is watching."  There are unlimited opportunities within our profession to bend the facts of a case in an attempt to zealously advocate for a client.  However, zealous advocacy can only be properly achieved by maintaining the integrity and honesty that our profession demands.  We are all well trained in utilizing our vocabulary to best paint a picture of our client, while demonizing the behavior of our opposing party.  However, there becomes a point where verbosity inevitably turns to misrepresentation. Knowingly misrepresenting the facts ultimately demeans the bar, enrages the bench and irreparably harms the client.  Our profession and our individual reputations are best served by providing a concise, accurate and well informed representation of our client's position in each case, whether to the bench or to opposing counsel.  Every attorney has been faced with the challenge of representing a client that has the "bad facts," but it is up to the lawyer to encourage that client to proactively correct the situation with honesty rather than relying on subterfuge and mendacity.  

Submitted by Jamie L. Taylor, Attorney at Law
Fort Worth, Texas

A Message to all attorneys from Honorable Randy Catterton:

Judge Catterton asked that I post this message from him about Goal30 and the importance of signing the commitment.

A Message to all attorneys from Honorable Randy Catterton:

The Goal30 project is a much needed effort to restore the professionalism, integrity, honesty and trust that I believe the majority of attorneys in Tarrant County embrace. I encourage all attorneys in Tarrant County to sign the Goal30 Commitment and work to achieve those goals.  This includes those attorneys "who practice that way anyway", for we can never be too mindful.  

When I began practicing law in the early 1970's, a lawyer's word was his or her bond. If an agreement was reached, you knew that an order sent would reflect that agreement. Discovery was almost always done informally and often with just a phone call. Motions to Compel were very rare and "sanctions" towards another attorney were not requested and were not necessary. We treated each other respectfully and professionally. Unfortunately, those "old days" are gone. Lack of professionalism, honesty, respect and trust in the family law community is common place. Not only have disputes over discovery, scheduling, alleged agreements and other disputes caused problems for the attorneys, they have caused disruption in the courts and created unnecessary problems and expense for the clients whom we are supposed to protect and represent with their best interests as our goal. taken the commitment.

Your effort to restore an atmosphere of integrity and trust in the family law community is truly commendable. 

You may download the pledge at Goal30.com

I will refrain from excessive and abusive discovery.

Full Quote from the Texas Lawyer's Creed

"I will refrain from excessive and abusive discovery."

Attorneys should strive to tailor their discovery requests to the individual case and not send out blanket form book discovery when it is not needed.

If both parties live in an apartment in downtown Fort Worth, it is unlikely that either one owns livestock. Don't waste that interrogatory. If both parties work at Burger King, it is almost a certainty that NEITHER OWNS a plane.

It is abusive to send out voluminous discovery in hopes of burying the other side in paperwork and running up attorney fees.

Don't waste your client's time and money sending out irrelevant and immaterial discovery just because you can.

Realize that whatever discovery you send out is apt to bounce right back to your desk for you to have to answer.

Submitted by Cindy Dillard-Ince, Attorney at Law
Fort Worth, Texas

I will not engage in any conduct which offends the dignity and decorum of proceedings.

Full Quote from the Texas Lawyer's Creed

"I will not engage in any conduct which offends the dignity and decorum of proceedings."

In a proceeding a year or so ago, two attorneys were so angry at each other that they threatened physical contact at the bench.  We all need to remember that we set the example….the conduct of the litigants and witnesses in a courtroom could not be expected to exceed the conduct of a lawyer or a judge.  The dignity and decorum of a courtroom is there for our protection as well as a reassurance to the litigants that although there is chaos and anger in their lives, there is a place where they will be treated with respect and their issues resolved with intelligence and compassion. 

Submitted by Associate Judge Cynthia Mendoza

360th District Court, Tarrant County, Texas

I Will Be Loyal to my Client's Lawful Objectives but . . .

"I will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice."

 

From my perspective at this stage of a 38 year career in the courtroom, when I am no longer practicing for money and am just trying to obtain legal protections for indigent and abused women and children, this paragraph of the Creed falls short.

 

A client’s objective may be lawful, but still unworthy. For instance, a client’s objectives to obtain sole managing conservatorship of his or her children and to deny the other parent access will certainly be “lawful.” But the lawyer may feel certain from the undeniable facts of the case, her experience of the emotions and skewed perspectives of people in custody litigation, and her own moral judgment that accomplishing those objectives would not be in the best interest of the children.

 

A lawyer who consistently accepts or continues professional relationship with clients whose objectives she personally feels are unworthy, even though lawful, is headed toward deep professional and personal dissatisfaction and eventual burn-out. There is just not enough money to compensate for the personal consequences from a disconnect between being a financially successful lawyer and a moral being. A lawyer is free to consider whether they feel a potential client’s objectives are worthy as well as lawful before entering into the relationship. And if the case turns out to be significantly different than the one they signed up, because, for instance, the client deceived the lawyer about critical facts, the lawyer may and can seek permission, at an appropriate time, to withdraw.

 

This paragraph of the creed seems to limit a lawyer’s duty of loyalty and commitment to the client’s lawful objective only by the right to give objective, independent and dissenting advice. But if such advice is given and ignored, and, in the moral judgment of the lawyer, the client persists in a most unworthy objective, what then? Are the only recourses then for the lawyer to swallow her scruples and to continue to be the client’s hired gun, or to ask the court to end the relationship when that can be accomplished without harm to the client, despite the financial consequence to the lawyer? Better for everyone for the lawyer to be concerned about much more than the fee before entering into the relationship.

 

Submitted by the Reverand Brooks Harrington, J.D.

Methodist Justice Ministry Fort Worth, Texas

I will agree to reasonable requests for extensions of time.

Full Quote from the Texas Lawyer's Creed

"I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected."

Oh, how tempting it is to deny opposing counsel a request for an extension of time if opposing counsel has denied your prior request for an extension of time or if opposing counsel was less than professional in prior encounters.   This tenet of the Lawyer’s Creed makes practicing law easier and more enjoyable.  It tells us to stop and think; don’t react out of emotion.  You don’t even have to think about your irritation at opposing counsel or the hostility between the parties.  You only need to consider two points: (1) is the request reasonable and (2) will the legitimate objectives of my client be adversely effected?  Let the Lawyer’s Creed make your practice less stressful.

Submitted by B.C. Cornish, Attorney at Law
Fort Worth, Texas

I will be punctual.

Full Quote from the Texas Lawyer's Creed

"I will be punctual."

The demands on our time made by our families and our profession are enormous and result in our “reach exceeding our grasp” occasionally. We may have good intentions to be on time for the Court or a client appointment but we fall short.

It is important to understand that our tardiness is perceived as an attitude on our part that our time is more valuable than the Court or client’s time.  I heard my hairdresser complain one day that her client was again running late and that it really upset and bothered her that the client thought that the hairdresser’s time was not as valuable as the client’s time.

Being tardy telegraphs to the Court and client that you do not respect them enough, if at all, to make all preparations necessary to arrive on time, if not early, to appointments.  If you acquire a reputation for always being late you will likewise be perceived as arrogant in believing your time is more valuable than anyone else’s. 

Time is our most important valuable resource; use it wisely. 

Submitted by Barbara D. Nunneley, Attorney at Law

Hurst, Texas

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

I Can Disagree Without Being Disagreeable.

Full Quote from the Texas Lawyer's Creed

"I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me."

We are advocates for our clients. Advocating doesn’t have to mean being disagreeable. Advocating a position requires us to present our position in a well organized and focused manner. We need to remember that our disagreements usually arise because we have received facts from our clients which we believe to be true. A client’s perception of what occurred in a particular circumstance may vary from what actually occurred. As attorneys, we need to know the truth about an issue and if we listen to the other attorney we might gain more insight about the truth.

It is understandable that we might disagree about the outcome of a particular matter. What is important is that we treat each other as gentlemen and gentlewomen acting as members of an honorable profession. Showing our clients that we can advocate a position while showing each other respect elevates our profession. When you disagree with your friends about an issue, you still remain friends. We aren't all friends, but we are all colleagues and we should treat each other more as friends than as enemies.

Effective representation should require attorneys to achieve the legitimate goals of a client as efficiently as possible.  Attorneys should take the steps necessary to obtain the information which is needed to resolve the case. We should tailor our discovery and the way we work the case to the particular circumstances of each case. Not every case has the same asset structure or significant custody or property issues. We should ask the questions needed but not overburden the other side with discovery if it is not needed. 

 

Submitted by John Clark, Attorney at Law

Arlington, Texas

I Will Identify for Other Counsel or Parties All Changes I Have Made in Documents Submitted for Review.

As attorneys, we owe each other and our clients a duty of utmost candor and professionalism.  We bill our time incrementally and scrutinize voluminous documents repeatedly to insure accuracy and clarity.  Multiple drafts and revisions are necessary in the negotiation and resolution of legal matters.  As professionals, it is vital that we protect the process and our clients from “gotcha” tactics and/or inadvertent oversights.  Personal integrity and common courtesy require that we clearly identify each and every revision we make to documents in this give and take environment.  We are officers of the court as well as advocates. 
             
No case or client warrants forfeiture of your reputation for professional integrity.  Ours is a higher calling. 

Submitted by Keith Spencer Attorney at Law

Bedford, Texas

I Will Treat Counsel, Opposing Parties, the Court, and Members of the Court Staff with Courtesy and Civility."

             The historical basis of our profession is to bring about civilized resolutions to civil disputes and criminal accusations.  The lawyer is entrusted with the ability to represent others in the dignified forum of the Courts and as such, there is a duty to maintain the dignity of the legal process, both in the courtroom and in the dealings with all others involved in the process.

            Zealous advocacy often involves confrontation, but more importantly, it involves the exercise of detached, professional judgment to accomplish the goals of the client while maintaining public trust and respect for the legal process.  The opposing counsel has the equal duty of zealous advocacy while the Judge and the Court staff have the duty to remain neutral, both in reality and appearance.

            Abusive and discourteous behavior toward opposing counsel, the Judge, or the Court staff has never, and will never, accomplish anything positive for the client and is highly detrimental to the public perception of our profession and confidence in the legal process.

Submitted by Judge Bill Harris

233rd Judicial District Court, Tarrant County, Texas

I Will Be Courteous, Civil, and Prompt in Oral and Written Communications.

Our communication with opposing counsel, whether by correspondence or oral conversation, can be done with civility and eloquently, and can present one’s position and get one’s point across, just as well, if not better, than an antagonistic or combative communication.  Whether you agree or disagree with their client’s position or behavior, respectful communications lends to a lawyer’s integrity and reputation.  Keep in mind that our client’s see all correspondence, and when they see an antagonistic communication it leaves them with the impression that this is how our legal system works.

Zealous representation does not equate to hateful, disrespectful, and personal attacks on the opposing counsel or client.  A attorney can instill confidence in his/her client by exhibiting his knowledge of the law and litigation process with well thought out and intelligent arguments.  As my father, retired senior district Judge Farrar once told me that when he was in private practice it was his opinion that, “The attorney who sues my client is my friend”.

Submitted by Stephen C. Farrar, Attorney at Law

Bedford, Texas

I Am Passionately Proud of My Profession

I am proud to be a lawyer.  I worked hard for my degrees and licenses that allow me to practice law in the State of Texas, but more importantly, I am proud of the work I do as a Texas attorney.

When a member of my profession does wrong, it is headline grabbing news.  There was a story recently about a greedy attorney who stole millions from disabled veterans. What did not make headlines are the free legal clinics all around the State of Texas that help veterans.  Texas attorneys take time out of their schedule and help veterans free of charge.  It was one such attorney that helped expose the one bad attorney.  You will never see a headline that says “Attorney Writes Free Will for Veteran” or “Attorney Helps Keep Veteran from Losing His Home.”  Yet more attorneys do such work than the one bad attorney who did so much harm.

I am proud of the work my fellow family law attorneys did when the State removed the children from the Fundamentalist Latter Day Saints (FDLS) a few years ago.   The State needed to appoint attorneys to represent the children and parents in this dispute.   Hundreds of attorneys throughout Texas volunteered their time.  Children were placed across Texas.  My friends were driving cities such as Midland and San Antonio to see the children they were appointed to represent.  They took this seriously.  Many had nightmares and spent many sleepless nights thinking of these children imploding in foster care as they were placed in homes so foreign to their upbringing.  

I am proud of my friend who protected a battered woman who had her children removed by child protective services because she was a battered wife.  Child Protective Services actually stated that as the reason the children were removed.  Rather than try to help her out of her circumstances, they took her children and had a plan for adoption. He was able to get her children back. Another fought for a woman accused of breaking her child’s bones.  He was able to prove it was, in fact, the baby sitter.  The baby sitter was prosecuted.  He fought to have the children returned to their mother.

We do get our small the occasional “thank you” that makes it all worth it.  An attorney friend of mine was shopping when his client stopped him and introduced him to children as “the lawyer who helped make it to where you could live with me.”  When both children walked up and hugged the crusty old lawyer, he welled up in tears.  I had a similar experience as I helped a Sailor who lived in Virginia obtain custody of his son from a drug addicted mother.  I stood back as the child was handed over to him.  The pleasure in watching the little boy and the young sailor hug and walk away was the best compensation I could have received for my work.

The vast majority of Texas attorneys work hard every day.  We win small victories that will never grab a headline, but they make a difference in the lives of the individuals we touch. For every attorney there are dozens of stories such as these.  Stories you will never hear.   I am very proud of my fellow attorneys and of the work we do.

Submitted by Patricia Baca, Attorney at Law 

Arlington, Texas

The Texas Lawyer's Creed

The Texas Lawyer's Creed

            I am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this creed for no other reason than it is right.

Our Legal System

            A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism.

1.         I am passionately proud of my profession. Therefore, "My word is my bond."

2.         I am responsible to assure that all persons have access to competent representation regardless of wealth or position in life.

3.         I commit myself to an adequate and effective pro bono program.

4.         I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed.

5.         I will always be conscious of my duty to the judicial system.

Lawyer to Client

            A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.

1.         I will advise my client of the contents of this creed when undertaking representation.

2.         I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible.

3.         I will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice.

4.         I will advise my client that civility and courtesy are expected and are not a sign of weakness.

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

           

6.         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.

7.         I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.

8.         I will advise my client that we will not pursue tactics which are intended primarily for delay.

9.         I will advise my client that we will not pursue any course of action which is without merit.

10.       I will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel.

11.       I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and setting disputes.

Lawyer to Lawyer

 A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings.  Ill feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct.

           

 1.         I will be courteous, civil, and prompt in oral and written communications.

 2.         I will not quarrel over matters of form or style, but I will concentrate on matters of substance.

 3.         I will identify for other counsel or parties all changes I have made in documents submitted for review.

 4.         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.

 5.         I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are canceled.

 6.         I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected.

 7.         I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond.

 8.         I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses.

9.         I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me.

10.       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.

11.       I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel's intention to proceed.

12.       I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court.

13.       I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence.

14.       I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule it by agreement.

15.       I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.

16.       I will refrain from excessive and abusive discovery.

17.       I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear.

18.       I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable.

19.       I will not seek sanctions or disqualification unless it is necessary for protection of my client's lawful objectives or is fully justified by the circumstances.

Lawyer and Judge

            Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession.

1.         I will always recognize that the position of judge is the symbol of both the judicial system and the administration of justice. I will refrain from conduct that degrades this symbol.

2.         I will conduct myself in Court in a professional manner and demonstrate my respect for the Court and the law.

3.         I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility and will not manifest by words or conduct bias or prejudice based on race, color, national origin, religion, disability, age, sex, or sexual orientation.

4.         I will be punctual.

5.         I will not engage in any conduct which offends the dignity and decorum of proceedings.

6.         I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage.

7.         I will respect the rulings of the Court.

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

9.         I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes.