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Section 11
Ethical Issues for Lawyers and
Their Clients
Taken from:
http://www.txethics.org/reference_creed.asp
Lawyers in the Great State of Texas are obligated to follow high ethical
standards. All of the lawyers at
Carabin & Shaw PC, Injury Lawyers are committed to staying above
those standards.
We will be your advocates. We will represent you and your case with the
best of our ability and will work diligently to ensure that the outcome
of your case is as beneficial to you as possible. We hold to the
following text called the Texas Lawyer's Creed taken from (http://www.txethics.org/reference_creed.asp).
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.
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
5. spirit and letter of this Creed. s. 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
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 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 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 opportSectiony to respond.
8. I will attempt to resolve by agreement my objectives to matters
contained in pleadings and discovery requests and responses.
9. I can disagree without being disagreeable. I recognize that effective
representation does not permit 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.
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 and 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 1 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 promptly approve
the forms 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, 1 will not
resist discovery questions 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.
IV. LAWYER AND JUDGE
Lawyers and judges owe each other respect, diligence, candor,
punctuality, and protection from 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 a judge is the symbol of
both the judicial system and administration of justice, I will refrain
from conduct that degrades this symbol.
2. 1 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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