THE TEXAS LAWYER'S
CREED
A MANDATE FOR PROFESSIONALISM
Promulgated
by
The
Supreme Court of Texas and the Court of Criminal
Appeals
November 7, 1989
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.
l. 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
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.
l.
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 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.
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.
l.
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.
ORDER OF THE SUPREME COURT OF TEXAS
AND
THE COURT OF CRIMINAL APPEALS
The conduct of a
lawyer should be characterized at all times by honesty,
candor, and fairness. In fulfilling his or her primary duty to
a client, a lawyer must be ever mindful of the profession's
broader duty to the legal system.
The Supreme Court
of Texas and the Court of Criminal Appeals are committed to
eliminating a practice in our State by a minority of lawyers
of abusive tactics which have surfaced in many parts of our
country. We believe such tactics are a disservice to our
citizens, harmful to clients, and demeaning to our
profession.
The abusive tactics
range from lack of civility to outright hostility and
obstructionism. Such behavior does not serve justice but tends
to delay and often deny justice. The lawyers who use abusive
tactics instead of being part of the solution have become part
of the problem.
The desire for
respect and confidence by lawyers from the public should
provide the members of our profession with the necessary
incentive to attain the highest degree of ethical and
professional conduct. These rules are primarily aspirational.
Compliance with the rules depends primarily upon understanding
and voluntary compliance, secondarily upon re-enforcement by
peer pressure and public opinion, and finally when necessary
by enforcement by the courts through their inherent powers and
rules already in existence.
These standards are
not a set of rules that lawyers can use and abuse to incite
ancillary litigation or arguments over whether or not they
have been observed.
We must always be
mindful that the practice of law is a profession. As members
of a learned art we pursue a common calling in the spirit of
public service. We have a proud tradition. Throughout the
history of our nation, the members of our citizenry have
looked to the ranks of our profession for leadership and
guidance. Let us now as a profession each rededicate ourselves
to practice law so we can restore public confidence in our
profession, faithfully serve our clients, and fulfill our
responsibility to the legal system.
The Supreme Court
of Texas and the Court of Criminal Appeals hereby promulgate
and adopt "The Texas
Lawyer's Creed - A Mandate for Professionalism"
as attached hereto and made a part hereof.
In Chambers,
this 7th day of November, 1989.
The Supreme Court of
Texas
Thomas. R. Phillips, Chief Justice
Franklin S. Spears
C. L. Ray
Raul A.
Gonzales
Oscar H. Mauzy
Eugene A. Cook
Jack
Hightower
Nathan L. Hecht
Lloyd A. Doggett
Justices
The Court of Criminal Appeals
Michael J.
McCormick, Presiding Judge
W. C. Davis
Sam Houston
Clinton
Marvin O. Teague
Chuck Miller
Charles F.
(Chuck) Campbell
Bill White
M. P. Duncan, III
David A. Berchelmann, Jr.
Judges
