This week's question:
I think I have a pretty good lawyer, but she's always doing little favors for the other side-without any real reason. Like agreeing to postpone a deposition because the other attorney said he had a "scheduling conflict" that day. Why do you attorneys do things this way? After all, we pay you a lot of money to fight for us!!
/s/Tracy T., Almaden Valley
Dear Tracy- You emailed in a great question, Tracy. Thanks for that. I will try to answer it properly. It has been my experience that most attorneys try to get along and do our job professionally and efficiently, keeping in mind the client's best interests. Oh I know, some attorneys have adopted a "scorched earth policy" where they "fight" for everything, only to end up costing everyone more money-on both sides.
There are many guidelines that are available to us in the practice of law. These guidelines include the American Bar Association, State Bar of California, and our local Santa Clara County Bar Association. Our local Santa Clara County Bar Association, of which I have been a member since 1970, has published a "Code of Professionalism."
Although it is a bit longer than this column allows, some of the key provisions are as follows:
1. A lawyer should always be mindful that the law is a learned profession and that among its goals are devotion to public service, improvement of the administration of justice, and the contribution of uncompensated time and civic influence on behalf of persons who cannot afford adequate legal assistance.
2. A lawyer should work to achieve his or her client's lawful and meritorious objectives expeditiously and as economically as possible in a civil and professional manner.
3. A lawyer should understand and advise his or her client that civility and courtesy in scheduling meetings, hearings, and discovery are expected as professional conduct.
4. Consistent with existing law and court orders, a lawyer should agree to reasonable requests for extensions of time when the legitimate interests of his or her client will not be adversely affected.
5. The timing and manner of service of papers should not be calculated to disadvantage or embarrass the party receiving the papers.
6. Written materials submitted to the court should always be factual, concise, and accurately state current law and fairly represent the parties' position without unfairly attacking the opposing party or opposing counsel.
7. A lawyer should at all times be civil, courteous, and accurate in communicating with adversaries, whether in writing or orally.
8. A lawyer should conduct discovery in a manner designed to ensure the timely, efficient, cost effective and just resolution of a dispute.
9. Motions should be filed or opposed only in good faith and when the issue cannot be otherwise resolved.
10. A lawyer should raise and explore the issue of settlement and alternative dispute resolution in every case as soon as the case can be evaluated.
11. All matters should be handled with due respect for the rights of privacy of parties and non-parties.
12. Lawyers should conduct themselves with clients, opposing counsel, parties and the public in a manner consistent with the high respect and esteem which lawyers should have for the courts, the civil and criminal justice systems, the legal profession and other lawyers.
13. A lawyer should ensure that all business transactions and agreements are negotiated, documented and consummated in an atmosphere of cooperation and with informed authority of the client.
14. In family law proceedings, a lawyer should seek to reduce emotional tension and trauma and encourage the parties and lawyers to interact in a cooperative atmosphere, and keep the best interests of the children in mind.
15. A lawyer representing a parent should consider the welfare of a minor child and seek to minimize the adverse impact of the family proceeding on the child.
16. A lawyer should not participate in a child custody or visitation dispute motivated by financial or tactical objectives of the client.
17. A lawyer for one of the parents should not meet with, confer with, either in person or by telephone, or discuss the litigation with the minor child or children of the parent/client.
More "do's and don'ts" could be listed, Tracy, but space limitations to do not allow for this. I hope the above information is helpful. Just so you know that your attorney can be very assertive, pro-active, and effective and still stay within our professional guidelines.
/s/Donald J. DeVries, Almaden Valley
Donald J. DeVries is an attorney practicing law in the Almaden Valley. Past Almaden Times articles since 1986 can be accessed through his web site: www.almadenvalleylawers.com
