November 2000

Proposed Creed of Professionalism

by Harry McCarthy • Chair, WSBA Professionalism Committee

Over the past year, the WSBA Professionalism Committee drafted a Creed of Professionalism. This draft creed was presented to the Board of Governors at its September meeting in Spokane. While not before the board for final approval, the board appeared favorably disposed toward the concept and concurred that a draft creed be disseminated widely among the membership for comment before any formal action is taken.

The Creed of Professionalism set forth in this article evolved from a more comprehensive Code of Civility which the committee considered. After much discussion, it was agreed that a simpler format setting forth basic principles of civility and professionalism was preferred. It is the committee’s hope that this creed will gain wide acceptance by both the more recent admittees to the profession, as well as those more experienced members of the Bar who would benefit from the promulgation of these fundamental principles of professional courtesy and civility.

Some believe that such creeds as the one being proposed have had little effect upon those lawyers who practice law with a "scorched earth" philosophy. While this may be true in some cases, it should be noted that in recent years the noticeable increase in incivility among practicing lawyers has commanded the attention of the bench and of commentators as one of the two or three major areas of concern negatively affecting the profession. This increased incivility in the practice of law has also been a contributing factor in the progressive lower esteem in which the public has held the legal profession in recent years.

The increase in uncivil and unprofessional conduct among lawyers is a serious issue that we as lawyers should all address in an effort to eliminate uncivil conduct which bodes ill for the future practice of law and for the administration of justice.

Civility throughout the legal profession must flourish in order for the system to function properly. Civil conduct in the law is the responsibility of every lawyer and judge. It is fundamental that a fair and efficient justice system be inspired by an underlying morality and guided by a code of civil behavior among all practitioners.

Notwithstanding the pressure points of our adversary system, civility is neither a relic of the past nor a sign of less-than-zealous advocacy. Indeed, an effective lawyer may vigorously advocate a cause, yet simultaneously adhere to the highest principles of ethics and civility in the practice of law.

Civility is a virtue and the hallmark of the very best traditions and practices of the legal profession. Civil behavior in the professional life of a lawyer or a judge is not merely a matter of appropriate etiquette, but has a more profound application. Civility tends to build mutual trust and respect among lawyers, leading to the creation of understandings and agreements and the resolution of disputes.

Conversely, incivility has within itself the seeds of great harm. Delayed and sometimes denied justice may result. Uncivil behavior between counsel breeds suspicion and cynicism, and tends to undermine the administration of justice. On an even more practical level, uncivil conduct often compromises the ability to persuade, forfeits the good will of the court, and leads to escalating litigation costs and the waste of scarce judicial resources.

The goal of this proposed creed is to encourage and espouse the cause of professionalism and civility among all lawyers and judges. The points which follow are clearly aspirational in nature and would not be used for any litigation purpose. Rather, it is hoped that these principles serve to remind us of the importance and benefits of civil practice in the profession of law. By encouraging the assertion and practice of these principles, the profession of law and the public interest will be well served.

We are printing this proposed creed to solicit your thoughts and suggestions concerning the idea of having a WSBA Creed of Professionalism. Is this a worthwhile project, or are we on the wrong track? Let us know what you think as we deal with the key issues of professionalism. Please e-mail your comments to Harry McCarthy at McCarAssoc@aol.com or fax them to 206-441-3624. We look forward to hearing from you.

I do solemnly declare that as an attorney admitted to practice in the state of Washington, I commit to the following principles of professional conduct:

1) In my dealings with other lawyers, litigants, witnesses and members of the bench, I commit myself to civil and courteous conduct, guided by a fundamental sense of integrity and fair play.

2) My word is my bond in my dealings with the court, with fellow counsel and with others.

3) I will endeavor to resolve differences through cooperation and negotiation, expeditiously and without needless expense. I will give due consideration to alternative dispute resolution.

4) I will be punctual in my appointments, communications and in honoring scheduled appearances.

5) I will never design the timing, manner of serving papers, or scheduling of hearings for the purpose of causing disadvantage to my opponent.

6) I will always engage in transactions and in litigation in good faith, consistent with ethical principles and the Rules of Professional Conduct. I will use the litigation process only for legitimate purposes, and never as a means of harassment or for the purpose of unnecessarily prolonging litigation or increasing litigation costs.

7) I will conduct myself professionally during depositions, negotiations and at trial, and refrain from acting disrespectfully toward others.

8) I commit myself to candor and honesty in all of my dealings with the court, opposing counsel and others involved in the litigation process. I will never knowingly mislead others.

9) As an officer of the court and as an advocate, I will always strive to uphold the honor and dignity of the court and of the profession. I will always do my utmost to promote a respectful attitude toward the court and avoid disorder and disruption in the courtroom.

10) I commit to the avoidance of words and conduct which convey disrespect for another person because of the person’s gender, sexual orientation, race, disability, age, religion, nationality or marital status.