August 2008
Practical Tips to Increase Professionalism
by Dainen Penta
Most of us studied the Rules of Professional Conduct in law school. But the RPCs establish only the “floor” which our ethical behavior must not fall below. So, what is professionalism? Generally speaking, it is a set of aspirational goals to which lawyers should try to conform. The first principle of the WSBA Creed of Professionalism says it best: “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.” Professionalism is an integral part of today’s legal profession, and there is an ongoing dialogue about what the legal system should look like and how it should operate.
Almost all lawyers practicing today were required to take legal writing and usually a course on legal ethics. Yet very little in the law school curriculum is specifically devoted to the topic of professionalism. Should we change the curriculum of law schools to include more training in the area of professionalism? Or is professionalism largely influenced by an attorney’s “moral compass,” upbringing, and sense of morality?
Professionalism with other attorneys
Your mom’s advice was sound when she told you to ignore your pesky siblings’ antics, because they just want attention. Keeping your own behavior in check and recognizing (and sometimes calling out) others’ unprofessional behavior will not go unnoticed by your client. Let your client and witnesses know in advance about attorneys you know to be difficult — and warn your client not to respond to abusive or manipulative behavior with more of the same.
Protect yourself and your client. When dealing with a difficult opposing counsel, paper your file. Follow up on phone conversations with confirmation letters, and document everything in writing.
In depositions, it may sometimes be necessary to involve the court if opposing counsel engages in clearly inappropriate behavior or is abusive to your client. However, if you warn opposing counsel that you will involve the court, you must be willing to follow through, as empty threats will hurt your credibility in the long run.
The best premise to start from is that the dispute exists (or a deal is being done) between two parties, not between you and opposing counsel. Extend common courtesies to opposing counsel, such as calling or writing prior to setting a date for depositions and conferences. Unless the circumstances are egregious, you should agree to extensions of time — you never know when you might need a return favor.
Professionalism with clients
Another core value of professionalism is treating clients with respect and consideration. Client communication is an aspect of professionalism that intersects naturally with legal ethics. Under RPC 1.4, lawyers are required to keep their clients reasonably informed about their matters and to promptly comply with clients’ reasonable requests for information.
Client control is also extremely important. Don’t assert claims or arguments that you know are outrageous or baseless, and don’t let your client bully you into making them. Not only could this be the grounds for Rule 11 sanctions against you and your client, but it damages your reputation in the legal profession.
Professionalism in court
Unprofessional behavior in court affects everyone. The lessons you learned in legal writing about what to do and not to do in court are tried and true, and worth revisiting. For example, make arguments to the court, not to opposing counsel. Do not attack opposing counsel or parties, either verbally or by nonverbal communication. Unprofessional behavior towards fellow attorneys is unbecoming and should be identified. When warranted, come to the defense of your fellow attorneys.
Watch your dress. What you wear in court can have an impression on the judge, court staff, opposing counsel, and opposing parties. Unprofessional dress reflects poorly on you, your client, and your case.
Professionalism with members of the public
It is no secret that the legal profession has a reputation for being unethical and unprofessional. It doesn’t have to be that way. If every attorney engaged in public education and community involvement, it would go a long way towards improving the image of lawyers.
Get involved in the legal community. Join a WSBA section, minority bar association, or specialty bar association. Contribute to your local bar association, or an organization that focuses on one practice area. You’ll find that by meeting lawyers who are not constantly on the other side of a case, your faith in the profession is restored. Or you might find a new interest which could become the start of a career.
Get involved in your own community. Volunteer for your neighborhood association board. Speak at your child’s school “career day” about how you became a lawyer. It is important for lawyers to educate the public and to clear up the misconceptions about lawyers. The public image of lawyers is affected by your behavior and conduct, even outside of the office.
Above all, don’t fall prey to the misconception that being a zealous advocate for your client is a license to be a jerk. You can get results for your client and still act in a professional manner. Other attorneys will appreciate it — and so will your clients.
Dainen Penta is a partner with Spencer Anderson & Buhr, PLLC, where his practice emphasizes bankruptcy, debtor-creditor, and real estate law. He is a 2007 WSBA Leadership Institute fellow and is the 2008–2009 president of QLaw: The GLBT Bar Association of Washington.
