The Texas Lawyer's Creed - Part I of III
The public’s perception of lawyers has historically been low, and evidence of that can be found by reading Shakespeare’s Henry VI (Part 2). The famous passage reads “The first thing we do, let’s kill all the lawyers…” Modern day drama (both TV and movies) helps to perpetuate the role of the attorney as a less than scrupulous member of society. However, my view is that the individual determines how he/she operates as a professional. In fact, I go over the Texas Lawyer’s Creed with each of my clients before we begin working together.
The creed is broken into three parts – (1) Lawyer to Client; (2) Lawyer to Lawyer; and, (3) Lawyer to Judge. This post focuses on how the lawyer should interact with his/her client.
A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate 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 setting disputes.
