Texas Lawyer's Creed - A Mandate for Professionalism - Law
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Law Offices of Bryan Dunklin
Attorney and Counselor at Law
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.
1. 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.
LAWYER TO CLIENT
A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall
employ all appropriate legal 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.
1. 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.
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 or
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.
1. I will always recognize that the position of the 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.