Beyond Ethics - Professionalism and Knee-Jerk Karma

Being a “member of the bar” is not just a phrase so you can sit at the cool kids’ table.  It is something I, as an attorney (especially a female attorney with her own firm), take very seriously.  Practicing law is not just about performing quality legal work for clients, but also about the manner in which we conduct ourselves as attorneys, not only with clients and courts but also… opposing counsel. 

In Georgia, Part IX of the State Bar Rules includes aspirational goals for professionalism in interactions with opposing counsel. These goals emphasize cooperation with opposing counsel, timely communications, granting reasonable requests, and consulting with opposing counsel on scheduling.  They also emphasize treating opposing counsel with courtesy and civility, avoiding rudeness and disrespect, and preparing documents that accurately reflect parties’ agreements. 

Under the guise of zealously representing their clients (or just a result of their natural instincts), many attorneys lose sight of these goals and at times veer away from professionalism in their dealings with opposing counsel.  Some attorneys take on a “Game 7” mentality and hostility that prevents cooperation or any reasonable agreement on even the smallest of issues. 

Not everything has to be a fight, and there is a way to be aggressive and passionately represent your client without being a jerk all the time.  This behavior not only makes for unpleasant interactions but also does a disservice to clients who may find themselves expending more time and resources as a result of their attorney’s uncooperative and combative approach.  If the client is driving the hostility, the attorney should exercise professionalism to lower the temperature. 

Attorneys can benefit from periodically reviewing the aspirational goals as a reminder we are supposed to hold ourselves to a higher standard.  Also, as the saying goes: You are free to be a jerk, but you are not free from the consequences of being a jerk. 

As to opposing parties and their counsel, I will aspire:

To cooperate with opposing counsel in a manner consistent with the competent representation of all parties. As a professional, I should:

(1) Notify opposing counsel in a timely fashion of any canceled appearance;

(2) Grant reasonable requests for extensions or scheduling changes; and

(3) Consult with opposing counsel in the scheduling of appearances, meetings, and depositions.

To treat opposing counsel in a manner consistent with his or her professional obligations and consistent with the dignity of the search for justice. As a professional, I should:

(1) Not serve motions or pleadings in such a manner or at such a time as to preclude opportunity for a competent response;

(2) Be courteous and civil in all communications;

(3) Respond promptly to all requests by opposing counsel;

(4) Avoid rudeness and other acts of disrespect in all meetings including depositions and negotiations;

(5) Prepare documents that accurately reflect the agreement of all parties; and

(6) Clearly identify all changes made in documents submitted by opposing counsel for review.

For the full content of A Lawyer’s Creed and Aspirational Statement on Professionalism click here.