May 2002

Professionalism

by Dale L. Carlisle, WSBA President

Last July, the Board of Governors adopted an aspirational Creed of Professionalism for Washington lawyers. During the development of the creed, led by 2000-2001 Professionalism Committee Chair Harry McCarthy, the committee obtained input from hundreds of lawyers and judges around the state. Under the leadership of this year's chair, former Board of Governors member Marijean Moschetto, the Professionalism Committee is focusing on disseminating the creed as broadly as possible. Our goal is to have a copy of the creed in each courtroom in the state, and many county bar associations are participating by holding ceremonies in which plaques are presented to local judges.

The meaning of professionalism is best defined by reviewing the creed (set forth below), which summarizes the many elements of a law practice that demonstrate the traits we should all strive to fulfill. Whether we are trial lawyers or office lawyers, "elevator" lawyers or suburban individual practitioners, or lawyers serving one client or many, these principles apply to each of us every day.

One of my partners recently noted that he believes lawyers are not achieving these goals. We discussed this issue and why it is elusive. We both believe that the competitive/adversarial "win at all costs" approach in many business and litigation settings is counterproductive to reaching the objectives of professionalism.

I believe the lawyers of Washington and elsewhere can best represent their clients and remain collegial and professional by constantly addressing what is best for clients, and not worrying about their own need to appear adversarial and contentious. Client-oriented results should drive our training and be the goal of new lawyers as well as experienced ones. I see too many of our representations turning into ego contests between lawyers. This often conflicts with quietly pursuing a client's objectives and maintaining good relationships with opposing counsel and all participants in the matter. An effort to turn a conflict into a "good guy/bad guy" dispute frequently means a prolonged and expensive experience for a client, which in some cases is unnecessary. Beginning each matter with an effort to honor the principles set forth in the creed is a good starting point.

The adversarial approach is still the heart of our legal system. However, the use of it does not require that we pursue every representation as a war. An effort to use a results-oriented approach and act civilly usually shows the best aspect of our profession, and often produces the best results for both lawyers and clients. Applying the principles of the creed on a daily basis will implement a professionalism program of benefit to lawyers and clients statewide.

To order the Creed of Professionalism, either unframed or mounted on a mahogany-finish wooden plaque, please refer to the order form at the WSBA Store.

As a proud member of the legal profession practicing in the state of Washington, I endorse the following principles of civil professional conduct, intended to inspire and guide lawyers in the practice of law:

• In my dealings with lawyers, parties, witnesses, members of the bench, and court staff, I will be civil and courteous and guided by fundamental tenets of integrity and fairness.
• My word is my bond in my dealings with the court, with fellow counsel and with others.
• I will endeavor to resolve differences through cooperation and negotiation, giving due consideration to alternative dispute resolution.
• I will honor appointments, commitments and case schedules, and be timely in all my communications.
• I will design the timing, manner of service, and scheduling of hearings only for proper purposes, and never for the objective of oppressing or inconveniencing my opponent.
• I will conduct myself professionally during depositions, negotiations, and any other interaction with opposing counsel as if I were in the presence of a judge.
• I will be forthright and honest in my dealings with the court, opposing counsel and others.
• I will be respectful of the court, the legal profession and the litigation process in my attire and in my demeanor.
• As an officer of the court, as an advocate and as a lawyer, I will uphold the honor and dignity of the court and of the profession of law. I will strive always to instill and encourage a respectful attitude toward the courts, the litigation process and the legal profession.

This creed is a statement of professional aspiration adopted by the Washington State Bar Association Board of Governors on July 27, 2001, and does not supplant or modify the Washington Rules of Professional Conduct.