A Lawyer’s Creed of Professionalism
BE IT RESOLVED, that the Bar Association of Nassau County adopts A Lawyer’s
Creed of Professionalism and supports these principles of professional courtesy as stating
our aspirational goals and is in no way intended to impair counsel’s good-faith judgment
in the representation of a client’s interest in any manner.
BE IT FURTHER RESOLVED that nothing contained in this Creed shall be deemed to
supersede or in any way amend the Code of Professional Responsibility, alter existing
standards of conduct against which lawyer negligence might be judged or become a
basis for the imposition of civil liability of any kind.
Preamble
As a lawyer I must strive to make our system of justice work fairly and efficiently. In
order to carry out that responsibility, not only will I comply with the letter and spirit of
the disciplinary standards applicable to all lawyers, but I will also conduct myself in
accordance with the following Creed of Professionalism when dealing with my client,
opposing parties, their counsel, the courts and the general public.
A. With respect to my client:
1. I will be loyal and committed to my client’s cause, but I will not permit that
loyalty and commitment to interfere with my ability to provide my client with
objective and independent advice;
2. I will endeavor to achieve my client’s lawful objectives in business transactions
and in litigation as expeditiously and economically as possible;
3. In my best professional judgment, I will counsel my client with respect to
mediation, arbitration and other alternative methods of resolving disputes;
4. I will advise my client against pursuing litigation (or any other course of action)
that is without merit and against insisting on tactics which are solely intended to
delay resolution of the matter or to harass or drain the financial resources of the
opposing party;
5. I will advise my client that civility and courtesy are not to be equated with
weakness;
6. While I must abide by my client’s decision concerning the objectives of the
representation, I nevertheless will counsel my client that a willingness to initiate
or engage in settlement discussions is consistent with zealous and effective
representation.
B. With respect to opposing parties and their counsel:
1. I will endeavor to be courteous and civil, both in oral and in written
communications within the bounds of properly protecting my client’s interests;
2. I will not knowingly make statements of fact or of law that are untrue;
3. In litigation proceedings I will agree to reasonable requests for extensions of
time or for waiver of procedural formalities when the legitimate interests
of my client will not be adversely affected;
4. I will endeavor to consult with opposing counsel regarding depositions and
meetings, and I will cooperate with opposing counsel when scheduling changes
are requested when the interest of my clients will not be jeopardized;
5. I will refrain from utilizing litigation or any other course of conduct to harass
the opposing party;
6. I will refrain from engaging in excessive and abusive discovery, and I will
comply with all reasonable discovery requests;
7. I will refrain from utilizing delaying tactics;
8. In depositions and other proceedings, and in negotiations, I will conduct myself
with dignity, avoid making groundless objections and refrain from engaging in
acts of rudeness and disrespect;
9. I will not serve motions and pleadings on the other party, or his counsel,
at such a time or in such a manner as will unfairly limit the other party’s
opportunity to respond;
10. In business transactions I will not quarrel over matters of form or style,
but will concentrate on matters of substance and content;
11. I will clearly identify, for other counsel or parties, all changes that I have
made in documents submitted to me for review.
C. With respect to the courts and other tribunals:
1. I will be a vigorous and zealous advocate on behalf of my client, while
recognizing as an officer of the court, that excessive zeal may be detrimental to
my client’s interests as well as to the proper functioning of our system of justice;
2. Where consistent with my client’s interests, I will communicate with opposing
counsel in an effort to avoid litigation and to resolve litigations that has actually
commenced;
3. I will counsel my client to withdraw claims or defenses when it becomes
apparent that they do not have merit or are superfluous;
4. I will refrain from filing frivolous motions;
5. I will make every effort to agree with other counsel, as early as possible,
on a voluntary exchange of information and on a plan for discovery;
6. I will attempt to resolve, by agreement, my objections to matters contained
in my opponent’s pleadings and discovery requests;
7. When scheduled hearings or depositions have to be canceled, I will notify
opposing counsel, and, if appropriate, the court (or other tribunal) as early as
possible;
8. Before dates for hearings or trials are set—or, if that is not feasible, immediately
after such dates have been set—I will attempt to verify the availability of key
participants and witnesses so that I can promptly notify the court (or other
tribunal) and opposing counsel of any likely problem in that regard;
9. In civil matters, I will stipulate to facts as to which there is no genuine dispute;
10. I will endeavor to be punctual in attending court hearings, conferences and
depositions;
11. I will at all times be candid with the court.
D. With respect to the public and to our system of justice:
1. I will remember that, in addition to commitment to my client’s cause, my
responsibilities as a lawyer include a devotion to the public good;
2. I will endeavor to keep myself current in the areas in which I practice and,
when necessary, will associate with, or refer my client to, counsel knowledgeable
in another field of practice;
3. I will be mindful of the fact that, as a member of a self-regulating profession, it
is incumbent upon me to report violations by fellow lawyers of any disciplinary
rule;
4. I will be mindful of the need to protect the image of the legal profession in the
eyes of the public and will be so guided when considering methods and contents
of advertising;
5. I will be mindful that the law is a learned profession and that among its desirable
goals are devotion to public service, improvement of administration of justice,
and the contribution of uncompensated time and civic influence on behalf of
those persons who cannot afford adequate legal assistance.
Adopted by the Board of Directors of the Bar Association of Nassau County, 1989.
