Has Professionalism In the Practice of Law been a Causality of our Poor Economic Times?
By Richard S. Victor
VICTOR & VICTOR, PLLC
Our changing times, along with court decisions and legislative enactments, have caused many attorneys, who once practiced a specific field of law, to take cases in areas of law that they never practiced before. The reality of having to make a living, support a family and run an office has required this to occur. Unfortunately, this development has had some unintended results. Not only has it caused attorneys to find themselves dealing with other attorneys who may be unfamiliar with the local practices and procedures, but it has also caused attorneys who have a specific “mind set” which they may have had in their prior specialty to use that way of practicing in areas of law that call for a different way to “get things done.”
Personal injury attorneys, for example, are trained in the art of having their cases resolved in the courtroom, in a trial or confrontational setting. This would also include attorneys who had been doing medical malpractice (plaintiff and defense), slip and fall, auto accidents, and other tort cases that have been affected by recent changes in our laws. The result of this has caused the necessity for many lawyers from both the plaintiff and defense bar, to find other areas of law to practice. When they take on a family law case, for example, they may take the case and assume the same aggressive nature that may have made them successful as a trial lawyer. But, when an attorney handles a family law case with a “scorched earth” policy, they must remember that the service and result that they leave behind for the client, their family and the children, is “scorched earth.” That may not necessarily be the right way to handle such a different type of case in such a different field of law. It may be true that the lawyer may win, but if the lawyer wins, but his/her client looses, what is the victory?
Another unintended result is the different treatment lawyers give to each other when cases are “hotly” contested. Lawyers sometimes get caught up in the emotions of their clients or the reality that their fee is contingent on the amount of time they can bill out or the settlement/verdict that is received. In some cases, disrespect for brother/sister counsel has been an unfortunate result of this conduct and the fact that some attorneys may even attempt to prolong maters, avoiding resolution, in order to maintain hourly billings, which has occurred in some cases. When that happens, it taints our entire profession.
In 2001 the Oakland County Bar had a special Domestic Relations Task Force to develop an Attorney Code of Conduct. I was fortune to be asked to be on this task force and to author the Attorney code of Conduct. This Code applies to attorneys in every field of law. It bears repeating today.
1. Never knowingly deceive another lawyer or the court and do not file frivolous motions or other proceedings.
2. Honor promises and commitments made to another lawyer.
3. Make all reasonable efforts to schedule matters with opposing counsel by agreement. Communicate with opposing counsel in an effort to avoid litigation and to resolve existing litigation.
4. Only seek sanctions against opposing counsel where required for the protection of the client. Do not make unfounded accusations of unethical conduct about opposing counsel or intentionally embarrass another lawyer.
5. Agree to reasonable extensions of time in litigation if the extensions will not materially adversely affect the client or unduly delay court process. Seek an informal agreement in procedural and preliminary matters.
6. Exchange all exhibits before the day of any court hearing if it is reasonably possible to do so. Where it is not possible, the exchange should take place as early as possible on the day of the hearing. Under no circumstances should an attorney wait until he or she is before the court to exchange documents.
7. Respond promptly to communications, either written or by telephone, from opposing counsel.
8. Do not use unmeritorious, deceptive or unreasonable delaying tactics and always ATTEMPT TO BE PUNCTUAL FOR ANY SCHEDULED MOTION OR HEARING. If it appears that being on time for a scheduled matter will not be possible, make every reasonable effort, as early as possible, to notify opposing counsel and the court.
9. Do not send motions or other papers at a time or in a manner, which will unfairly limit the other party’s opportunity to respond or will unfairly prejudice their ability to represent their client’s position.
10. Advise the client of this code of conduct and the expectation that every attorney is required to follow it.
At Victor & Victor, PLLC we live by this code and in the concept that we recognize when you handle certain areas of law you may have an impact on a person, their property or their business. But, when you handle family law matters, you must remember the work you do has the capacity to impact not only your client and their property and business, but also future generations of their family.