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Click for a printable version of the Texas Lawyer's Creed (PDF)
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.
I. 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.
II. 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 clients 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 clients lawful objectives
in legal transactions and in litigation as quickly and economically
as possible.
3. I will be loyal and committed to my clients 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 clients 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 settling
disputes.
III. 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 lawyers
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 cancelled.
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 partys 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 counsels 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 clients lawful objectives or is fully
justified by the circumstances.
IV. 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 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.
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.
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