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DO THE RIGHT THING: A LAWYER’S ETHICAL OBLIGATIONS TO THE PRACTICE

Presented by: HON. ANDREA PLUMLEE, Dallas

Judge, 330th District Court

NATALIE L. WEBB, Dallas The Webb Family Law Firm, PC

Co-Authors: NATALIE L. WEBB

CHETAMMIA A. HOLMES BRANT M. WEBB

The Webb Family Law Firm, PC 325 N. St. Paul, Suite 4450

Dallas, Texas 75201 Phone: (214) 871-2730

Fax: (214)871-9339

State Bar of Texas FAMILY LAW 101

August 3, 2014 San Antonio

CHAPTER 1

ANDREA D. PLUMLEEPRESIDING JUDGE - 330TH JUDICIAL DISTRICT

PROFESSIONAL EXPERIENCE

ANDREA D. PLUMLEE January 2011 to present330th Family District CourtDallas, Texas

PLUMLEE & ASSOCIATES, P.C. January 2002 to December 2010Dallas, Texas

Firm with primary focus on family law and child welfare litigation, representing clients at all stagesof proceedings, including administrative processes, investigation, pre-trial hearings, trial and appeal.Responsible for training and mentoring one associate. Maintain an active mediation practiceprimarily in the area of family law with a focus on child welfare litigation.

WATTLEY & PLUMLEE, L.L.P. January 1999 to December 2001Dallas, Texas

Partner in a small firm with primary focus civil litigation. Experienced in Title VII litigation,juvenile defense, family and child welfare litigation, representing clients at all stages of proceedings,including administrative processes, investigation, pre-trial hearings, trial and appeal. Maintain anactive mediation practice primarily in the area of family law with a focus on child welfare litigation.

SOLE PRACTITIONER, CIVIL LITIGATION November 1993 to December 1998Dallas, Texas

Engaged in private practice of law primarily personal injury, juvenile defense, family and childwelfare litigation. Title VII and civil rights litigation.

MEDIATION EXPERIENCE: Over 1,000 mediations conducted, primarily family law and suitsaffecting the parent-child relationship (600 mediations have been Child Welfare cases).

Mediation / Arbitration Training

Theory and Practice of Conflict Management (24 hours) July 1998 Sponsored by Association of Attorney-Mediators

Family Law / Divorce Mediation (40 hours) January 1999 Sponsored by Texas Women’s University

Conflict Resolution / Advanced Communications (40 hours) May 1999 Sponsored by Texas Women’s University

Child Protective Services Mediation Training (24 hours) August 2000 Sponsored by Children’s Justice Project

Presenter / Teaching

Panelist: Family Law & The Grievance Process August 2010 Sponsored by Dallas Bar Association

Getting to Resolution: How to Diffuse the Emotional Client in Family Law October 2009 Sponsored by J.L. Turner Legal Society

Panelist: 2004 Child Welfare Symposium - Abused Children in State Care: Are Their Best Interests Being Served? The Foster Care System: Addressing Abuse in a Child’s Home Away From Home (October) Sponsored by W.W. Caruth, Jr. Child Advocacy Clinic SMU Dedman School of Law

Presenter: Guardian Ad Litem Training - The Role of the Guardian June 2000 Co-Sponsored by 304th and 305th Judicial District Courts

Presenter: Three-day CPS Mediation Training (24 hours) October 2000 Sponsored by Children’s Justice Project Presenter: Target Kids in Court: Culture In Mediation March 2001 Sponsored by Target Kids in Court

PRE-LEGAL PROFESSIONAL EXPERIENCE

DALLAS CENTRAL APPRAISAL DISTRICT August 1986 to August 1990Dallas, Texas

Senior Staff Appraiser - Research and Development. Responsible for the development and implementationof new market data. Compiled statistical data from appraisals, land and commercial sales for use during theappraisal review process. Responsible for staff of five (5) meeting the required annual goals

THE EQUITABLE Summer Internship 1982 - 1985Dallas, Texas

Responsible for the analysis of cash flow data for current projects in the development stage. Run internalrates of return and check capital expenditures for reconciliation against posted ledgers. Attend all staffmeetings and visit construction sites and give written progress reports to supervisor.

PROFESSIONAL AFFILIATIONS

Admitted to Practice:

United States District Court, Eastern District of Texas Spring 1998

United States District Court, Northern District of Texas January 1995

State of Texas, Texas Bar November 1993

Professional Associations:

Member, Annette Stewart Inns of Court September 2003 - present Member, College of the State Bar September 1998 - present

Member, Texas Trial Lawyers Association

Member, J.L. Turner Legal Association

Member, Dallas Bar Association

Family Law Section - Former Board Member, appointed March 2002 - December 2003 Juvenile Law Section ADR Section

Southwestern Legal Foundation: Patrick Higginbotham Inns of Court (former member)

Former Member, District 6A Grievance Committee (Vice-Chair) Two terms July 1997 - 2003

EDUCATION

Southern Methodist School of Law, 1993 Dallas, Texas

Juris Doctorate

Moot Court Finalist

Participant in both Criminal and Civil Clinics.

North Texas University, 1986 Denton, Texas

Bachelor of Business Administration Degree; concentration in Real Estate Finance and Transactions. Dean’sList 1985 and 1986; Additional honors include Member, President's Council, Alpha Kappa Alpha Sorority(former President)

COMMUNITY ACTIVITIES

City of Rowlett, Arts & Humanities Board Member

Pro Bono Attorney, The Family Place

Volunteer Attorney, North Texas Legal Services Participant - Interim Advocate Program

Target Kids In Court, Former Steering Committee Member

NATALIE L. WEBBThe Webb Family Law Firm, P.C.325 N. St. Paul Street, Suite 4450

Dallas, Texas 75201Telephone: (214) 871-2730Facsimile: (214) 871-9339

Email: [email protected]

EDUCATION AND LICENSURE

Southern Methodist University Dedman School of Law, J.D., 2008, Cum LaudeAssociate Managing Editor, International Law ReviewChief Justice, W.W. Caruth Child Advocacy Clinic

Trinity University, B.S., International Business, 2004Admitted to the State Bar of Texas 2008

EXPERIENCE

May 2008 to the present The Webb Family Law Firm, P.C. Dallas, TexasSummers 2005 & 2006 Texas Court of Appeals, 8th District, El Paso, Texas


State Bar of TexasDallas Bar AssociationDallas Bar Association - Family Law Section Dallas Bar Foundation - FellowDallas Association of Young LawyersTarrant County Family Law Bar AssociationAmerican Bar Association (Family Law Section)Texas Family Law FoundationTexas Family Law Foundation Membership Committee 2012 - presentTexas Family Law Foundation Auction Committee, ChairMember, Formbook Committee, Texas Family Law Practice ManualMember, College of the State Bar of TexasAssociate, Annette Stewart American Inn of CourtsBoard Member, Trinity University Alumni Board - Dallas Chapter 2010-2012President, Trinity University Alumni Board - Dallas Chapter 2012 - present

AUTHOR AND SPEAKER

Legislative Update: Family Law Section Perspective, Co-Author with K. Nicole Voyles, AdvancedFamily Law Course, San Antonio, Texas, August 11-14, 2008.

Parenting Across State Lines: Navigating Through the HC, UCCJEA, PKPA, and UIFSA, Co-Author with K. Nicole Voyles, Parent-Child Relationships, Austin, TX January 29-30, 2009.

Paternity Fraud in Texas - The Great Debate, Co-Author with Chetammia Holmes, UTCLE FamilyLaw on the Front Lines, San Antonio, Texas, June 18-19, 2009.

Changes in Property and Trends for the Future, Speaker and Co-Author with Chetammia Holmes,2009 Advanced Family Law Course, Dallas, Texas, August 3 - 6, 2009.

Who's Your Daddy? Paternity Fraud in Texas, Co-Author with Chetammia Holmes, UTCLE FamilyLaw on the Front Lines, San Antonio, Texas, July 1-2, 2010.

Attacking and Defending Mediated Settlement Agreements and Rule 11 Agreements, Co-Author withBrian L. Webb, Chetammia Holmes, Brant M. Webb, and Kay Redburn, 34th Annual MarriageDissolution Institute, Austin, Texas, April 28-29, 2011.

Discovery Requests in the 21st Century: Not Much Different than They Used to Be, Co-Author with Brian L. Webb, Brant M. Webb, Chetammia A. Holmes, and Kay Redburn, 37th Annual AdvancedFamily Law Course, San Antonio, Texas, August 1-4, 2011.

Hidden Gems in the Family Law Practice Manual, Speaker and Co-Author with Brant Webb,Advanced Family Drafting, Dallas, Texas, December 8-9, 2011.

Screening a Case: The Good, The Bad, and the Ugly, Speaker with Kay Redburn, Advanced FamilyLaw Course, Boot Camp, Houston, Texas, August 5, 2012.

Screening a Case: The Good, The Bad, and the Ugly, Speaker with Kay Redburn, Tarrant CountyFamily Law Bar Association, Fort Worth, Texas, October 5, 2012.

Premarital and Postmarital Agreements, Speaker with Kay Redburn, State Bar Convention, Dallas,Texas, June 20, 2013.

Drafting Settlement Agreements: Rule 11 Agreements, MSAs, and Arbitration Agreements, Speakerand Co-Author with Erin Bogdanowicz, 39th Annual Advanced Family Law Course, San Antonio,Texas, August 5-8, 2013.

Locking the Deal: Rule 11, Informal Settlement Agreements, MSAs and Arbitration Agreements,Speaker and Co-Author with Erin Bogdanowicz and Stacey Dodson, Advanced Family LawDrafting 2013, Dallas, Texas, December 5-6, 2013.

Brant M. WebbThe Webb Family Law Firm, P.C.325 N. St. Paul Street, Suite 4450




Texas Wesleyan University School of Law, J.D., 2010University of North Texas, B.A., Finance, 2005Admitted to the State Bar of Texas 2011

EXPERIENCE

February 2011 to present The Webb Family Law Firm, P.C. Dallas, TexasSummers 2008 & 2009 Texas Court of Appeals, 8th District, El Paso, Texas


American Bar Association

State Bar of Texas

Dallas Bar Association

Tarrant County Bar Association

Dallas Bar Association – Family Law Section

Annette Stewart American Inn of Courts

Texas Family Law Foundation

PUBLICATIONS

Attacking and Defending Mediated Settlement Agreements and Rule 11 Agreements, Co-Author withChetammia Holmes, Kay Reburn, and Natalie Webb, 34th Annual Marriage Dissolution Institute,Austin, Texas, April 28-29, 2011.

Discovery Requests in the 21st Century, Not Much Better than They Used to Be, Co-Author withChetammia Holmes, Kay Redburn, and Natalie Webb, 2011 Advanced Family Law Course, SanAntonio, Texas, August 1-4, 2011.

Hidden Gems in the Family Law Practice Manual, Co-Author with Natalie L. Webb, AdvancedFamily Law Drafting, Dallas, Texas, December 8-9, 2011.

Legislative Update: Family Law, Co-Author with Brian L. Webb, State Bar of Texas Annual Meeting,Dallas, Texas, June 20-21, 2013.

CHETAMMIA A. HOLMESThe Webb Family Law Firm, P.C.325 N. St. Paul Street, Suite 4450




Southern Methodist University Dedman School of Law, J.D., 2010Chief Justice, W.W. Caruth Child Advocacy Clinic

University of Texas at Arlington, B.A., Political Science, minor Spanish, 2006Admitted to the State Bar of Texas 2010

EXPERIENCE

Summers 2008 & 2009 to the present The Webb Family Law Firm, P.C. Dallas, TXSummer 2008 Family District Court, Dallas, TX Summer 2008 Dallas District Attorney’s Office, Family Violence Unit


American Bar AssociationState Bar of TexasDallas Bar AssociationDallas Bar Association – Family Law SectionDallas Association of Young LawyersTarrant County Family Law Bar AssociationJ.L. Turner Legal AssociationAnnette Stewart American Inn of CourtsTexas Young Lawyers AssociationTexas Family Law Foundation Legal Hospice of Texas

PUBLICATIONS

Paternity Fraud in Texas – The Great Debate, Co-Author with Natalie L. Webb, UTCLE Family Lawon the Front Lines, San Antonio, Texas, June 18-19, 2009. Changes in Property and Trends for the Future, Co-Author with Natalie L. Webb, 2009 AdvancedFamily Law Course, Dallas, TX, August 3-6, 2009.

Who's Your Daddy? Paternity Fraud in Texas, Co-Author with Natalie L. Webb, 2010 Family Law onthe Front Lines, San Antonio, Texas, July 1-2, 2010.

Zealous Representation Within the Bounds of the Law, Co-Author with Brian L. Webb, 2011Advanced Parent-Child Relationships, Houston, TX, January 26-28, 2011.

Attacking and Defending Mediated Settlement Agreements, Co-Author with Kay Redburn, NatalieWebb and Brant Webb, 2011 Marriage Dissolution Institute, Austin, TX April 27-29, 2011.

Discovery Requests in the 21st Century, Not Much Better than They Used to Be, Co-Author with BrantWebb, Kay Redburn, and Natalie Webb, 2011 Advanced Family Law Course, San Antonio, Texas,August 1-4, 2011.

Premarital and Post-marital Agreements, Co-Author with Brian L. Webb, 2013 State Bar of TexasAnnual Meeting, Dallas, TX June 20, 2013.

You Have A Client On The Phone: Now What? (Practice Tips for New Lawyers and Those New toFamily Law), Co-Author with Kay Redburn, 2013 Family Law 101 Law Course, San Antonio, TX,August 4, 2013.

Amicus Attorneys and Ad Litems, Co-Author with Hon. Andrea Plumlee, 2013 Advanced Family LawCourse, San Antonio, TX, August 5-8, 2013.

Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice, Co-Author with Natalie Webband Brant Webb, 2014 Family Law 101 Law Course, San Antonio, TX, August 3, 2013.

Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice Chapter 1

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TABLE OF CONTENTS

I. INTRODUCTION ............................................................................................................................................. 1

II. TEXAS LAWYER’S CREED ........................................................................................................................... 1

III. TEXAS PARALEGAL’S CREED .................................................................................................................... 2

IV. STRUCTURE OF THE ATTORNEY DISCIPLINE SYSTEM: ...................................................................... 3

V. DEAR GRIEVANCE COMMITTEE ................................................................................................................ 5

VI. ETHICAL DILEMMAS WITHIN THE REALM OF FAMILY LAW: ........................................................... 5 A. Client Consultations ................................................................................................................................... 5 B. “Self Help” Forms ...................................................................................................................................... 5 C. Qualified Domestic Relations Order .......................................................................................................... 6 D. Child Support ............................................................................................................................................. 6 E. Mediation ................................................................................................................................................... 7 F. Fee Arrangements ...................................................................................................................................... 7

VII. FIVE TIPS FROM JUDGES ............................................................................................................................. 7

VIII. CONCLUSION .................................................................................................................................................. 8 APPENDICES:

A. Texas Lawyer’s Creed ................................................................................................................................ 9 B. Texas Paralegal’s Creed ........................................................................................................................... 14 C. Copy of Article Commemorating 20 Years of The Texas Lawyer’s Creed ............................................. 17


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DO THE RIGHT THING: A LAWYER’S ETHICAL OBLIGATIONS TO THE PRACTICE I. INTRODUCTION

Everyone knows that a lawyer has a duty to zealously represent their client. However it is important to note that a lawyer’s obligation does not end there. In fact, zeal is just the beginning. Not only are lawyers obligated to their clients, but a duty is also owed to our legal system, opposing counsel, and the judge. In order to completely fulfill ones duties and obligations as a lawyer, one must be competent in understanding their function within our legal society. Subsequently, lawyers are compelled to retain high standards of ethical conduct. Every attorney in the state of Texas has committed themselves to the following, “On my oath I will support the constitutions of the United States and of this state and will honestly demean myself in the practice of law and will discharge my duty to my client to the best of my ability.”1

II. TEXAS LAWYER’S CREED

The Texas Supreme Court and the Texas Court of Criminal Appeals adopted the Texas Lawyer’s Creed – A Mandate for Professionalism on November 7, 1989.2 The Texas Lawyer’s Creed sets forth a lawyer’s duty to (1) our legal system; (2) the client; (3) opposing counsel; and (4) the judiciary. The Creed states that members of our profession should aspire to commit themselves to the ideals set forth in the Creed for no other reason than it is right:

“I am a lawyer. I am entrusted by the

people of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right.”3

Prior to the adoption of the Texas Lawyer’s

Creed, several legal organizations had written and adopted professional guidelines to address

1 V.T.C.A., Government Code § 82.037

2 The Texas Lawyer’s Creed is attached as Appendix A.

3 The Texas Lawyer’s Creed. See Appendix A.

“unnecessary contention and sharp practices between lawyers.”4

The United States District for the Northern District’s decision in Dondi Properties Corp. v. Commerce Sav. & Loan Ass’n summarizes the reasons for the adoption of professional guidelines by various legal organizations. The court wrote:

“We address today a problem that, though of relatively recent origin, is so pernicious that it threatens to delay the administration of justice and to place litigation beyond the financial reach of litigants. With alarming frequency, we find that valuable judicial and attorney time is consumed in resolving unnecessary contention and sharp practices between lawyers. Judges and magistrates of this court are required to devote substantial attention to refereeing abusive litigation tactics that range from benign incivility to outright obstruction. Our system of justice can ill-afford to devote scarce resources to supervising matters that do not advance the resolution of the merits of a case; nor can justice long remain available to deserving litigants if the costs of litigation are fueled unnecessarily to the point of being prohibitive.”5

The Texas Lawyer’s Creed set forth a mandate for professionalism in an attempt to halt the behavior cited in the Dondi case. How do we define professionalism? Merriam Webster dictionary defines professionalism as “the skill, good judgment, and polite behavior that is expected from a person who is trained to do a job well; the conduct, aims, or qualities that characterize or mark a profession or a professional person; and the following of a profession (as athletics) for gain or livelihood.” Black’s Law Dictionary defines professionalism as “the practice of a learned art in a characteristically methodical, courteous, and ethical manner.” Fred Hagan, who participated in drafting the Texas Lawyer’s Creed, has commented that most lawyers think of professionalism as follows: “Professionalism is the way I conduct myself and treat others. Unprofessional conduct is the way others practice and treat me. Few lawyers perceive their own conduct, however inappropriate it may be objectively judged, as unprofessional.”6

Advances in technology have definitely had an impact on professionalism, and not necessarily in a positive way. When the Texas Lawyer’s Creed was

4 See Dondi Properties Corp. v. Commerce Sav. & Loan Ass’n, 121 F.R.D. 284, 286 (N.D. Tex. 1988).

5 Id.

6 Reflections on the Texas Lawyer’s Creed, by Fred Hagans, James H. “Blackie” Holmes III, Justice Eugene A. Cook, and Judge Lamar McCorkle, Texas Bar Journal (November 2009).


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adopted, e-mail communication was a new concept and not widely accessible, law firms did not have websites, and there was no such term as “e-discovery” at this time. Blackberries and I-phones were not in existence.7

Now, with email becoming a primary source of communication, there is increased prevalence of “in the heat of the moment” off the cuff exchanges that would never have taken place if the lawyers (and/or clients for that matter) had taken the time to sit down and write a formal letter. Everything can now be done from your handheld device anytime and anywhere, which can set unrealistic expectations for response times. Even though technology has changed our profession over the 25 years since the Texas Lawyer’s Creed was adopted, the principles for which the Creed stands have not changed. No matter how young or old, all lawyers in the profession should periodically re-examine and recommit themselves to these principles to guide our practice. This commitment is based on one’s personal moral compass - not on what organization you happen to belong to or what license you hold.

It is important to advise your client of the Texas Lawyer’s Creed and your commitment to the principles for which it stands. My office includes a copy of the Texas Lawyer’s Creed and the Texas Paralegal’s Creed in the materials we give to every new client. Further, advise your client of expected behavior. Just as the Creed expects you as a lawyer to be courteous, it is expected that the client should be courteous in interactions with you, the court, and opposing counsel. Lastly, do not allow the client to dictate your interactions with opposing counsel, or to dictate behavior that is contrary to the Creed. Make it clear at the beginning of the lawyer-client relationship that you adhere to certain standards in dealing with opposing counsel and that you will not fundamentally change those principles. Explain that certain courtesies are often exchanged, and that allowing deadline extensions, for example, is not a sign of weakness. Later in the case it may be you or your client that need the favor.

III. TEXAS PARALEGAL’S CREED

As an attorney, you are ultimately responsible under the disciplinary rules for the acts of your non-attorney staff .8

7 Professionalism After twenty-Three Years of the Texas Lawyer’s Creed, Kenneth C. Riney and Thomas C. Riney, Success Strategies and Key Lessons for Young Lawyers, March 1, 2013, Houston, Texas.

8 Texas Disciplinary Rule of Professional Conduct 5.03

Rule 5.03 Responsibilities Regarding Nonlawyer Assistants

“With respect to a non-lawyer employed or retained by or associated with a lawyer:

(a) a lawyer having direct supervisory authority

over the nonlawyer shall make reasonable efforts to ensure that the persons conduct is compatible with the professional obligations of the lawyer; and

(b) a lawyer shall be subject to discipline for the conduct of such a person that would be a violation of these rules if engaged in by a lawyer if:

(1) the lawyer orders, encourages, or

permits the conduct involved; or (2) the lawyer:

(i) is a partner in the law firm in which

the person is employed, retained by, or associated with; or is the general counsel of a government agency’s legal department in which the person is employed, retained by or associated with; or has direct supervisory authority over such person; and

(ii) with knowledge of such misconduct by the nonlawyer knowingly fails to take reasonable remedial action to avoid or mitigate the consequences of that person’s misconduct.”

The employing attorney has the responsibility for

ensuring that the conduct of the paralegal performing the services is compatible with the professional obligations of the attorney. It also remains the obligation of the employing or supervising attorney to fully inform a client as to whether a paralegal will work on the legal matter, what the paralegal's fee will be, and whether the client will be billed for any nonsubstantive work performed by the paralegal.9

A paralegal is prohibited from engaging in the practice of law, providing legal advice, signing pleadings, negotiating settlement agreements, soliciting

9 PARALEGAL DEFINITION AND STANDARDS ADOPTED BY THE STATE BAR OF TEXAS (As amended April 21, 2006). See http://www.texasbar.com/Content/NavigationMenu/ForLawyers/Committees/Paralegal_Committee.htm

http://www.texasbar.com/Content/NavigationMenu/ForLawyers/Committees/Paralegal_Committee.htm

http://www.texasbar.com/Content/NavigationMenu/ForLawyers/Committees/Paralegal_Committee.htm


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legal business on behalf of an attorney, setting a legal fee, accepting a case, or advertising or contracting with members of the general public for the performance of legal functions.10

Every attorney should ensure that they, along with their paralegals, are familiar with Disciplinary Rule 5.03, the ethical obligations of their respective positions, as well as the Texas Paralegal’s Creed, which reiterates these ethical obligations.

The preamble of the Texas Paralegal’s Creed states, as follows:

“I work with, and under the

supervision of, a lawyer who is entrusted by the People of Texas to preserve and improve our legal system. I realize that unethical or improper behavior on my part may result in disciplinary action against my supervising attorney. As a Paralegal, I must abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right.”11

In 1995, Kay Redburn, drafter of the Texas

Paralegal’s Creed, was reviewing the Texas Disciplinary Rules of Professional Conduct and the Texas Lawyer’s Creed in preparation for a presentation, when it occurred to her that not only should lawyers adhere to the highest ethical standards, but paralegals (back then, legal assistants) should also. After all, if an ethical attorney had an unethical paralegal working in the firm, what havoc could that wreak?

Ms. Redburn took the Texas Lawyer’s Creed and modified it to conform to the paralegal’s role in providing legal services along side a supervising attorney. She presented it at various seminars and published it in articles as her “unsponsored” Creed for paralegals and attorneys to consider. In 2012 she requested that the State Bar’s Standing Committee on Paralegals, chaired by Chief Justice Linda Thomas (Ret.), review the Texas Paralegal’s Creed, make any revisions the Standing Committee deemed necessary, and then present it to the State Bar Board of Directors requesting their approval.

On January 25, 2013, the State Bar Board of Directors considered the Texas Paralegal’s Creed on their consent agenda, and did, in fact approve it. A 10 Id.

11 Texas Paralegal’s Creed. See Appendix B

copy of the Texas Paralegal’s Creed is included with this paper as Appendix B. I encourage you to read it, and pass a copy on to your paralegals and other attorneys in your firm, as well as your clients as a declaration of your commitment to professionalism. IV. STRUCTURE OF THE ATTORNEY

DISCIPLINE SYSTEM: What happens if you are accused of unethical

and/or unprofessional behavior? The Texas Bar Association adopted the ABA

Canons of Professional Ethics in 1909. It was commonly referred to as the Texas Canons of Ethics. These cannons governed lawyer conduct until the Code of Professional Responsibility was adopted in 1971. The Texas Code and its associated ethical considerations were repealed in 1990. Subsequently, the Disciplinary Rules of Professional Conduct were adopted and currently govern the behavior of lawyers in Texas. The rules provide guidance of proper conduct to ensure professional discipline is maintained. The Texas Rules of Disciplinary Procedure establishes the appropriate procedure to be followed within the professional disciplinary system for attorneys in the state of Texas.12

To begin the disciplinary process there is a Commission for Lawyer Discipline (“CFLD”). The Commission is composed of twelve members, six are lawyers and six are public members. CFLD essentially acts as a client for all disciplinary proceedings that are not dismissed by summary disposition. The Commission meets monthly to consider litigation cases.

Next, we have the Office of Chief Disciplinary Counsel (“CDC”). The CDC represents the Commission in disciplinary litigation. It was designed to be the “Bar’s law office” and is overseen by the Commission for Lawyer Discipline.13 Although their major focus is representing the Commission, the CDC is often assigned to perform other duties relating to disciplinary matters.

There are also District Grievance Committees, who are geographically divided to mirror Bar Districts. The members of these committees are nominated by the Board of Directors and appointed by the President of the State Bar of Texas. Two-thirds of the members are attorneys and one-third are public members. The committee serves two major functions: (1) They consider summary disposition dockets, which are cases

12 Texas Rules of Disciplinary Procedure § 1.02

13 State Bar of Texas Commission For Lawyer Discipline Annual Report June 1, 2009 - May 31, 2010


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that the CDC recommends to be disposed of, (2) They conduct administrative evidentiary hearings.

The Board of Disciplinary Appeals plays a substantial role in the disciplinary process. It is an independent body composed of twelve attorneys who are appointed by the Supreme Court. The board serves the dual role of a trial court as well as an appellate court. The District Court is also involved in the disciplinary process. The Court reviews disciplinary cases under the de novo standard. It considers reinstatements resulting from disbarments, resignations, or disability suspensions.

The attorney discipline system consist of numerous entities including the Professional Ethics Committee (“PEC”) and the Unauthorized Practice of Law Committee (“UPL”). Nine attorneys are appointed by the Supreme Court to serve on the PEC. Opinions on the propriety of professional conduct are issued by this committee and published in the Texas Bar Journal. UPL is composed of nine members as well but six are attorneys and three are public members. This committee performs its own investigations. Upon prosecution, the afforded remedy is filing for injunctive relief in district court. Other related committees include the Client Security Fund Committee and the Advertising Review Committee. The Client Security Fund review applications that are submitted to them by clients. Usually the clients are seeking reimbursement for lost money or property because of theft by an attorney or because the client paid in advance but never received the services. The Advertising Review Committee analyzes advertisements to insure that they are in compliance with the rules of professional conduct.

Similarly, we have other related bar division programs that serve as active participants in the attorney disciplinary process. For example, there is the Client Attorney Assistance Program (“CAAP”). CAAP is a dispute resolution program. This program assists in resolving disputes without the filing of an official grievance. CAAP resolves approximately 500 -700 potential cases. There is also the Texas Lawyers’ Assistance Program (“TLAP”). TLAP functions as a peer intervention and rehabilitation of attorneys who have become professionally impaired as a result of physical illness, mental illness, or chemical dependency. Also, there is the Law Practice Management Program which assist attorneys with management issues by helping them develop an effective way to run their practice.

In the event that an actual grievance is filed, the initial screening process begins. This process is aimed at determining whether the allegation should be labeled as an “Inquiry” or “Complaint”. If the matter doesn’t allege professional misconduct, as defined by the Texas Disciplinary Rules of Professional Conduct, then

it is deemed an inquiry and the case is dismissed. However, if it does allege professional misconduct it is then upgraded to a complaint. Once it is labeled as a complaint the Chief Disciplinary Counsel must investigate the matter. Upon investigation, the CDC must determine whether Just Cause exist. If the CDC finds that the complaint is lacking Just Cause, the case is presented to the Summary Disposition Panel of the grievance committee. This panel determines whether the complaint should be dismissed or if it should proceed. If the CDC determines Just Cause or if the complaint is not dismissed, the attorney will received written notification of the allegation citing the disciplinary rule violation. The attorney has 30 days to respond to the allegation.

Upon notification, the attorney is given the election of whether the case will be heard by a district court or by an evidentiary panel of the grievance committee. Failure of an attorney to make this election will result in the matter being heard by the evidentiary panel. If the trial is heard before a panel, discovery is limited and the proceeding is confidential. In contrast, if the case is heard in district court, the Disciplinary Petition is filed with the Supreme Court. The Supreme Court then appoints an active district judge from outside the Administrative Judicial District to hear the case. Upon completion of the trial an attorney may receive a private or public reprimand, suspension, disbarment or other ancillary sanctions. Attorneys are afforded the option of appealing these decisions. A district court judgment is appealed in the same manner as any other civil appeal. An evidentiary judgment is appealed to the Board of Disciplinary Appeals and then the Supreme Court of Texas.

Resources are available to ensure that a lawyer’s actions are in compliance with the rules of professional conduct. The State Bar of Texas Association issues oral opinions to lawyers who call the ethics hotline, seeking advice. 14 Questions may also be submitted in writing. These submissions are presented to the Committee on Professional Ethics, of the Supreme Court of Texas, to review and decide if the Texas Disciplinary Rules of Professional Conduct apply. If the committee decides that the dilemma is prevalent to the legal community, they may choose to issue a formal opinion. Otherwise, the committee will simply issue an informal opinion. These opinions are not binding on the courts, however, they are persuasive authority and taken into consideration.15

14 1-800-532-3947

15 The opinions are available in the Texas Bar Journal, www.texbar.com

http://www.texbar.com/


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V. DEAR GRIEVANCE COMMITTEE Although attorneys have (at the very least) a

working knowledge of their duties and obligations under the Texas Lawyer’s Creed and Disciplinary Rules of Professional Conduct, clients may be unaware that such rules even exist. Any attorney who has ever perused the “Disciplinary Actions” section of the Texas Bar Journal knows that there are two common ways to end up on the wrong side of potential disciplinary action: (1) failure to keep the client reasonably informed about the status of a case under Texas Disciplinary Rule of Professional Conduct 1.03(a); or (2) failure to explain a matter to the extent reasonably necessary to permit the client to make an informed decision under Rule 1.03(b).16

Lucky for us, there is a simple solution to help avoid those potential problems: put it in writing. In the age of e-mail, Skype, social media and the like, the pen (or word processor, if preferable) remains an attorney’s best friend. An effective formal letter should inform the reader of new developments in a case, thoroughly explain any and all courses of action available to them, and detail the possible outcomes that may result from each. This written communication is particularly useful when tempering unrealistic expectations or advising the reader against taking a position or course of action that is contrary to your advice. Most importantly, the formal letter memorializes the occasion for all parties involved, no matter the audience. When drafting the letter always imagine the salutation to read “Dear Grievance Committee,” so that in the event you become the subject of a disciplinary action, you can be confident the letter addresses matters appropriately. When in doubt, remember that if it’s not in writing, it never happened. VI. ETHICAL DILEMMAS WITHIN THE

REALM OF FAMILY LAW: The Professional Ethics Committee for the State Bar of Texas publishes opinions on a wide range of potential ethical issues that lawyers may come across in their practice. I have summarized some of the ethics opinions below that are relevant to the family law practice. A. Client Consultations

The question was presented of whether an attorney is disqualified from representing a client in a situation where the husband has a brief consultation with the attorney and six years later the wife consulted

16 The Texas Disciplinary Rules of Professional Conduct may be found at https://www.legalethicstexas.com/Ethics-Resources/Rules/Texas-Disciplinary-Rules-of-Professional-Conduct.aspx.

with the attorney in a subsequent divorce action. It was decided that an attorney-client relationship existed despite the fact that the attorney never actually represented the husband in any legal proceedings. Since the husband paid the attorney $250 dollars and a lengthy consultation ensued, a relationship was formed. The next thing to consider is whether the factual matters involved in the representation were so related that it poses a genuine threat that confidences gained from the husband will be revealed to the wife. Texas law is clear that an attorney will be disqualified if the movant party proves that an attorney-client relationship existed and that information gained in the former representation may be divulged to the present client.17 It was determined that the attorney’s representation of the wife would result in a violation of the Texas Disciplinary Rules of Professional Conduct.18

Do the Rules prohibit an attorney from representing a husband in a divorce action when the wife previously consulted with the attorney’s former law partner concerning a divorce but did not actually hire the former partner?19 Since the wife never consulted with the husband’s current attorney and the former partner never discussed the wife’s consultation with the attorney, there is no violation of the Rules. The attorney was not privy to any of the wife’s confidential information while he was associated with that law firm. Representation of the husband would not result in a conflict of interest. B. “Self Help” Forms

Under the Texas Disciplinary Rules of Professional Conduct is a lawyer permitted to advise, for a fee, a pro se litigant in a divorce or related family law matter concerning “self-help” forms prepared by the litigant if such services by the lawyer are conditioned on the litigant’s signed agreement that no lawyer-client relationship exists between the lawyer and the litigant? Is the lawyer permitted to limit the scope of his services in such cases to advice concerning the “self-help” forms?20

17 See, NCNB Texas Nat'l Bank v. Coker, 765 S.W.2d 398, 400 (Tex. 1989).

18 The Professional Ethics Committee For The State Bar of Texas Opinion No. 494 (February 1994).

19 The Professional Ethics Committee For The State Bar of Texas Opinion No. 501 (April 1994).

20 The Professional Ethics Committee For The State Bar of Texas Opinion No. 635 (August 2013).

https://www.legalethicstexas.com/Ethics-Resources/Rules/Texas-Disciplinary-Rules-of-Professional-Conduct.aspx



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There is no provision of the Texas Disciplinary Rules of Professional Conduct that expressly describes when a person who is licensed to practice law is acting as a lawyer.21 A relationship of lawyer to client is a contractual relationship and results from the mutual agreement and understanding of the parties about the nature of the work to be done. To establish a lawyer-client relationship, the parties must explicitly or by their conduct manifest an intention to create such a relationship.22 In this particular scenario, the lawyer’s role in reviewing and advising on the forms for a fee is that of an advisor in which he has explicitly agreed to provide the client with an understanding of legal rights and obligations. These services constitute the practice of law by the lawyer. Consequently, the lawyer has obligations and responsibilities as a lawyer arising from the nature of the relationship with the pro se litigant, which includes the obligation to protect the client’s confidential information and to represent the client with loyalty and diligence. In such circumstances, the lawyer cannot seek to avoid his obligations as a lawyer by seeking the client’s agreement to a disclaimer of the existence of a lawyer-client relationship. Moreover, requiring such a clearly invalid disclaimer in the lawyer’s agreement with the client may in itself constitute deceptive or misleading conduct in violation of Rule 8.04(a)(3), which prohibits a lawyer from engaging “in conduct involving dishonesty, fraud, deceit or misrepresentation[.]”23

Rule 1.02(b) of the Texas Disciplinary Rules of Professional Conduct provides that “[a] lawyer may limit the scope, objectives and general methods of the representation if the client consents after consultation.” As long as a lawyer ensures that his client is aware of and consents to the limited scope of the lawyer’s services and the risks associated with proceeding without full legal representation, limiting the scope of the lawyer’s services is permitted under the Texas Disciplinary Rules. Thus, the lawyer in the circumstances considered here may limit the scope of his services to advice concerning the “self-help” forms so long as it is clear to the client that the lawyer’s services are so limited.24

21 Id.

22 Id.; LeBlanc v. Lange, 365 S.W.3d 70, 79 (Tex. App.-Houston [1st Dist.] 2011, no pet.) (citations omitted).

23 Id.

24 Id.

It should be noted that because the lawyer in these circumstances has a lawyer-client relationship with a spouse in a divorce or related proceeding, the lawyer is not permitted to provide legal services to the other spouse in the same proceeding as such spouses are adverse parties in a litigation matter.25 A lawyer must also take care that the spouse that is not being advised by the lawyer does not mistakenly believe that the lawyer is providing advice to such spouse. C. Qualified Domestic Relations Order

Does an attorney who represents a spouse in a divorce violate the rules if the attorney prepares a materially defective QDRO and does not correct the defect after being informed of the defect by another attorney who is reviewing the proposed QDRO for the employer concerned?26 If this conduct is a violation of the Rules, is the employer’s attorney who notifies the divorce attorney of the defect required to report such violation to the appropriate disciplinary authority? An attorney should not begin or continue representation of a client in a divorce action if the attorney knows or should have known that the representation is beyond the attorney’s competence. 27 This includes the preparation of a QDRO. An attorney must represent their client with competence and may not consciously disregard the responsibilities owed to the client. In this instance, the attorney was required to correct the material defect in the QDRO. Also, the attorney for the employer affected by the QDRO would have a duty to report this violation if it was concluded that the divorce attorney’s failure to correct the QDRO raised a substantial question with respect to the divorce attorney’s honesty, trustworthiness or physical, mental and psychological health necessary to discharge the lawyer’s obligation to clients.28 D. Child Support May an attorney enter into an employment agreement with a contingent fee based on the percentage of the amount of arrearage recovered for

25 See Rule 1.06(a) of the Texas Disciplinary Rules of Professional Conduct; Professional Ethics Committee Opinion 583 (September 2008)

26 The Professional Ethics Committee For The State Bar of Texas Opinion No. 534 (September 2000).

27 See, Texas Disciplinary Rules of Professional Conduct § 1.01 (a).

28 See, Texas Disciplinary Rules of Professional Conduct § 8.03 (a).


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the client?29 It is believed that contingent fees promote divorce and are inconsistent with a lawyer’s obligation to encourage reconciliation. However, when dealing with child support arrearage the parties are already divorced so this alleviates the attorney’s obligation to encourage reconciliation. Accepting a child support arrearage case on a contingency basis would not violate the Rules. The attorney must quote a reasonable percentage in such cases and is obligated to fully disclose all options to the client.30 The use of a power of attorney and depositing the money collected into the attorney’s escrow account does not violate any Rules as long as a proper accounting is made, the client is promptly paid, and the money placed in escrow is arrearage only. E. Mediation May an attorney enter into an arrangement to mediate a divorce settlement between parties who are not represented by legal counsel and prepare the divorce decree and other necessary documents to effectuate an agreed divorce if the mediation results in an agreement?31 According to the Rules, mediation does not constitute the practice of law but instead constitutes action as an “adjudicatory official”. However, the preparation of documents constitutes legal services. Since the arrangement was agreed to before the mediation began, it is a violation of Rule 1.11(b). This rules states that a “lawyer who is an adjudicator official shall not negotiate for employment with any person who is involved as a party or as attorney for a party in a pending matter in which that official is participating personally and substantially”. Therefore, a lawyer may not agree to serve both as a mediator between parties in a divorce and as a lawyer to prepare the divorce decree and other necessary documents to effect an agreement resulting from the mediation. The divorce itself is a litigation proceeding, so a lawyer may not represent both parties in preparing documents to effect the terms of an agreed divorce.32 F. Fee Arrangements

May a lawyer enter into a fee arrangement in which the lawyer bills for his services and the client agrees that, if payment is not made to the lawyer within 29 The Professional Ethics Committee For The State Bar of Texas Opinion No. 485 (March 1994).

30 Such as the Texas Attorney General’s office handling the case free of charge to the client.

31 The Professional Ethics Committee For The State Bar of Texas Opinion No. 583 (September 2008).

32 Id.

30 days of tender of the invoice, the lawyer may charge the client’s credit card for the amount of the invoice?33 Rule 1.04(a) of the Texas Disciplinary Rules of Professional Conduct states in part: “A lawyer shall not enter into an arrangement for, charge, or collect an illegal fee or unconscionable fee.”34 If the fee charged otherwise complies with the Texas Disciplinary Rules of Professional Conduct and any applicable requirement for court approval of the fee, then there is nothing inherently illegal or unconscionable about the arrangement as stated.35 Because the facts presented involve charging the client’s credit card after the legal services have been performed, it is permissible for the funds received under the credit card payment arrangement to go into the lawyer’s operating account.

This is not the case if a client disputes a fee. A credit card payment arrangement may not negate the requirement that an attorney hold disputed funds separately until the dispute is resolved. Texas Disciplinary Rule 1.14(c) states in part:

“When in the course of representation a

lawyer is in possession of funds or other property in which both the lawyer and another person claim interests, the property shall be kept separate by the lawyer until there is an accounting and severance of their interest. . . . If a dispute arises concerning their respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved . . . .”

In the event of a dispute, the lawyer may charge

the client’s credit card for the disputed amount but the lawyer may not place that amount in his operating account.

In summary, this fee arrangement is permissible provided the client consents to the arrangement and the client’s ability to challenge a disputed statement for legal fees is preserved. VII. FIVE TIPS FROM JUDGES

I polled family law judges across the state and have included their advice and practice tips on professionalism for you to consider next time you are in the courtroom:

1. NEVER get personal. You are an advocate—not a best friend. Your client’s

33 The Professional Ethics Committee For The State Bar of Texas Opinion No. 582 (April 2008).

34 Id.

35 Id.


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problems should be presented professionally and in an abstract way.

2. PLEASE dress like a lawyer. The clients have as much respect for the legal system as it demands and this starts with the lawyers.

3. Afford the court and the court staff some respect. You cannot imagine the grief that court staff take from pro se litigants, lawyers, other judges, and clerks. Please treat them as if they were your own employees. They can absolutely make or break you as a lawyer.

4. It is unprofessional to interrupt the judge, opposing counsel or a witness (unless you are objecting in the two latter categories) while they are speaking. Why? A court reporter can only take down what one person at a time is saying. Two people talking at the same time is not only rude, but it makes for a very poor appellate record.

5. Do not think you must interrupt to object or that if you don't object the second an objectionable issue arises, you waive the objection. You don't. Oftentimes an objection is made before the Court has enough information to rule. And make sure your objection is a legal one.

VIII. CONCLUSION

A lawyer’s obligation is not only to the client. It is important to remember that a duty is also owed to our legal system, opposing counsel, and the judge. Maybe most importantly, a lawyer has an obligation to him or herself to protect his or her reputation and to maintain credibility with the court and other lawyers. If a lawyer is deemed untrustworthy or unprofessional in his or her legal community, it not only affects the lawyer, it affects the way he or she can effectively represent clients.

THE TEXAS LAWYER'S CREED

A MANDATE FOR PROFESSIONALISM

Promulgated by

The Supreme Court of Texas and the Court of Criminal Appeals

November 7, 1989

I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal

system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas

Disciplinary Rules of Professional Conduct, but I know that professionalism requires more

than merely avoiding the violation of laws and rules. I am committed to this creed for no

other reason than it is right.

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.

l. 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.

II. LAWYER TO 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.

l. 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.

Do The Right Thing: A Lawyer’s Ethical Obligations to the Practice________________________________________________________________________________________________________Chapter 1

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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 in retaliation against other 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 cancelled.

6. I will agree to reasonable requests for extensions of time and for waiver of procedural

formalities, provided legitimate objectives of my client will not be

adversely affected.


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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.


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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.

l. I will always recognize that the position of 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.

ORDER OF THE SUPREME COURT OF TEXAS

AND THE COURT OF CRIMINAL APPEALS

The conduct of a lawyer should be characterized at all times by honesty, candor, and

fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the

profession's broader duty to the legal system.

The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating

a practice in our State by a minority of lawyers of abusive tactics which have surfaced in

many parts of our country. We believe such tactics are a disservice to our citizens, harmful

to clients, and demeaning to our profession.

The abusive tactics range from lack of civility to outright hostility and obstructionism. Such

behavior does not serve justice but tends to delay and often deny justice. The lawyers who

use abusive tactics instead of being part of the solution have become part of the problem.

The desire for respect and confidence by lawyers from the public should provide the

members of our profession with the necessary incentive to attain the highest degree of


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ethical and professional conduct. These rules are primarily aspirational. Compliance with the

rules depends primarily upon understanding and voluntary compliance, secondarily upon re-

enforcement by peer pressure and public opinion, and finally when necessary by

enforcement by the courts through their inherent powers and rules already in existence.

These standards are not a set of rules that lawyers can use and abuse to incite ancillary

litigation or arguments over whether or not they have been observed.

We must always be mindful that the practice of law is a profession. As members of a

learned art we pursue a common calling in the spirit of public service. We have a proud

tradition. Throughout the history of our nation, the members of our citizenry have looked to

the ranks of our profession for leadership and guidance. Let us now as a profession each

rededicate ourselves to practice law so we can restore public confidence in our profession,

faithfully serve our clients, and fulfill our responsibility to the legal system.

The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and

adopt

"The Texas Lawyer's Creed - A Mandate for Professionalism" as attached hereto and

made a part hereof.

In Chambers, this 7th day of November, 1989.

The Supreme Court of Texas

Thomas. R. Phillips, Chief Justice

Franklin S. Spears

C. L. Ray

Raul A. Gonzales

Oscar H. Mauzy

Eugene A. Cook

Jack Hightower

Nathan L. Hecht

Lloyd A. Doggett

Justices

The Court of Criminal Appeals

Michael J. McCormick, Presiding Judge

W. C. Davis

Sam Houston Clinton

Marvin O. Teague

Chuck Miller

Charles F. (Chuck) Campbell

Bill White

M. P. Duncan, III

David A. Berchelmann, Jr.

Judges


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TEXAS PARALEGAL'S CREED

I work with, and under the supervision of, a lawyer who is entrusted by the Peopleof Texas to preserve and improve our legal system. I realize that unethical or improperbehavior on my part may result in disciplinary action against my supervising attorney. Asa Paralegal, I must abide by the Texas Disciplinary Rules of Professional Conduct, but Iknow that Professionalism requires more than merely avoiding the violation of laws andrules. I am committed to this Creed for no other reason than it is right.

I. OUR LEGAL SYSTEM

A Paralegal owes to the administration of justice personal dignity, integrity, andindependence. A Paralegal should always adhere to the highest principles ofProfessionalism.

1. I am passionately proud of my profession. Therefore, "My word is my bond."

2. I will work with my supervising attorney to educate clients, the public, andother lawyers and Paralegals regarding the spirit and letter of this Creed.

3. I will always be conscious of my duty to the judicial system.

II. PARALEGAL TO CLIENT

A Paralegal owes to the supervising attorney and the client allegiance, learning, skill,and industry. A Paralegal shall not be deterred by any real or imagined fear ofjudicial disfavor or public unpopularity, nor be influenced by self interest.

1. With, and under the direction of, my supervising attorney, I will endeavor toachieve the client's lawful objectives in legal transactions and litigation asquickly and economically as possible.

2. I will be loyal and committed to the client's lawful objectives, but I will notpermit that loyalty and commitment to interfere with my ability to beobjective.

3. I will inform the client that civility and courtesy are expected and not a signof weakness.

4. I will inform the client of proper and expected behavior.

5. 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 anyoffensive conduct.

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6. I will inform the client that my supervising attorney and I will not pursueconduct which is intended primarily to harass or drain the financial resourcesof the opposing party.

7. I will inform the client that my supervising attorney and I will not pursuetactics which are intended primarily for delay.

III. PARALEGAL TO OPPOSING LAWYER

A Paralegal owes to opposing counsel and their staff, in the conduct of legaltransactions and pursuit of litigation, courtesy, candor, cooperation, and scrupulousobservance of all agreements and mutual understandings. Ill feelings between clients shallnot influence a Paralegal's conduct, attitude, or demeanor toward opposing counsel or theirstaff. A Paralegal shall not engage in unprofessional conduct in retaliation against otherunprofessional conduct.

1. I will be courteous, civil, and prompt in oral and written communications.

2. I will identify for other counsel and parties all changes made by mysupervising attorney in documents submitted for review.

3. I will attempt to prepare drafts for my supervising attorney's review whichcorrectly reflect the agreement of the parties and not arbitrarily includeprovisions which have not been agreed upon or omit provisions necessary toreflect the agreement of the parties.

4. I will notify opposing counsel, and, if appropriate, the Court, Court staff, orother persons, as soon as practicable, when hearings, depositions, meetings,conferences, or closings are canceled.

5. I can relay a disagreement without being disagreeable. I realize that effectiverepresentation by my supervising attorney does not require antagonistic orobnoxious behavior. I will not encourage or knowingly permit the client todo anything which would be unethical or improper if done by me or mysupervising attorney.

6. I will not, without good cause, attribute bad motives or unethical conduct toopposing counsel, nor bring the profession into disrepute by unfoundedaccusations of impropriety. I will avoid disparaging personal remarks oracrimony toward opposing counsel, opposing counsel’s staff, parties, andwitnesses. I will not be influenced by ill feelings between clients. I willabstain from any allusion to personal peculiarities or idiosyncrasies ofopposing counsel or other Paralegals.

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7. I will not attempt to gain an unfair advantage by sending the Court or its staffcorrespondence or copies of correspondence.

8. I will assist my supervising attorney in complying with all reasonablediscovery requests. I will not encourage the client to quibble about wordswhere their meaning is reasonably clear.

IV. PARALEGAL AND JUDGE

Paralegals owe judges and the Court respect, diligence, candor, and punctuality. Paralegals share in the responsibility to protect the dignity and independence of the Courtand the profession.

1. I will always recognize that the position of judge is the symbol of both thejudicial system and administration of justice. I will refrain from conduct thatdegrades this symbol.

2. I will conduct myself in Court in a professional manner, and demonstrate myrespect for the Court and the law.

3. I will treat counsel, opposing parties, the Court, and members of the Courtstaff with courtesy and civility.

4. I will be punctual and will assist my supervising attorney in being punctual.

5. I will not engage in any conduct which offends the dignity and decorum ofproceedings.

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