D.C. Bar Voluntary Standards of Civility in Professional Conduct

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Preamble

Civility in professional conduct is the responsibility of every lawyer. While lawyers have an obligation to represent clients zealously, we must also be mindful of our obligations to the administration of justice. Incivility to opposing counsel, adverse parties, judges, court personnel, and other participants in the legal process demeans the legal profession, undermines the administration of justice, and diminishes respect for both the legal process and the results of our system of justice.

Our judicial system is a truth-seeking process designed to resolve human and societal problems in a rational, peacefully, and efficient manner and designed to be perceived as producing fair and just results. We must be careful to avoid actions or statements that undermine the system or the public's confidence in it.

The organized bar and the judiciary, in partnership with each other, have a responsibility to promote civility in the practice of law and the administration of justice. Uncivil conduct of lawyers or judges impedes the fundamental goal of resolving disputes rationally, peacefully and efficiently. Such conduct may delay or deny justice and diminish the respect for law, which is a cornerstone of our society and our profession.

Civility and professionalism are hallmarks of a learned profession dedicated to public service. These standards are designed to encourage us, as lawyers and judges, to meet our obligations of civility and professionalism, to each other, to litigants, and to the system of justice. The goal is to ensure that lawyers and judges will conduct themselves at all times, in both litigated and nonlitigated matters, with personal courtesy and professionalism in the fullest sense of those terms.

While these standards are voluntary and are not intended by the D.C. Bar Board of Governors to be used as a basis for litigation or sanctions, 我们期望哥伦比亚特区的澳门赌场官网和法官将作出承诺，在他们彼此交往以及与法律程序的其他参与者交往的所有方面遵守这些标准.

Finally, 我们认为，这些标准应该被纳入法律专业学生和执业澳门赌场官网的专业教育的一个组成部分. 因此，我们认为，我们社区的法学院将这些标准纳入他们的课程和哥伦比亚特区澳门赌场官网协会是很重要的, the voluntary bar associations, law firms, government agencies, 以及我们社区的其他法律机构来教授和推广这些标准，作为他们继续法律教育项目的一部分.

Adopted by the D.C. Bar Board of Governors
June 18, 1996; Amended March 11, 1997

 

Principles of General Applicability: Lawyers' Duties to Other Counsel, Parties and the Judiciary

General Principles

  1. In carrying out our professional responsibilities, we will treat all participants in the legal process, including counsel and their staff, parties, witnesses, judges, and court personnel, in a civil, professional, and courteous manner, at all times and in all communications, whether oral or written. We will refrain from acting upon or manifesting racial, gender, or other bias or prejudice toward any participant in the legal process. We will treat all participants in the legal process with respect.
  2. Except within the bounds of fair argument in pleadings or in formal proceedings, we will not reflect in our conduct, attitude, or demeanor our clients' ill feelings, if any, toward other participants in the legal process.
  3. We will not, even if called upon by a client to do so, 参与针对其他法律程序参与者的攻击性行为，我们也不会在法律程序中滥用其他此类参与者. Except within the bounds of fair argument in pleadings or in formal proceedings, 我们将避免诋毁这些参与者的个人言论或尖刻言论，并公平对待不利的证人和当事人. We will encourage our clients to act civilly and respectfully to all participants in the legal process.
  4. 我们不会鼓励或授权在我们控制下的任何人从事在这些标准下不适当的行为，如果我们要从事此类行为.
  5. 我们不会因毫无根据地指责澳门赌场官网行为不当或对澳门赌场官网进行人身攻击而使澳门赌场官网行业蒙羞, and, absent good cause, we will not attribute bad motives or improper conduct to other counsel.
  6. While we owe our highest loyalty to our clients, we will discharge that obligation in the framework of the judicial system in which we apply our learning, skill, and industry in accordance with professional norms. In this context, we will strive for orderly, efficient, ethical, fair, and just disposition of litigation as well as disputed matters that are not, or not yet, the subject of litigation, and for the efficient, ethical, and fair negotiation and consummation of business transactions.
  7. The foregoing General Principles apply to all aspects of legal proceedings, both in the presence and outside the presence of a court or tribunal.

Scheduling Matters

  1. We will endeavor to schedule dates for trials, hearings, depositions, meetings, negotiations, conferences, vacations, seminars, and other functions to avoid creating calendar conflicts for other participants in the legal process, provided our clients' interests will not be adversely affected.
  2. We will notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences need to be canceled or postponed. 提前通知可避免不必要的旅行和费用，并可使法院和法律程序的其他参与者利用先前预留的时间处理其他事项.
  3. 在客户利益不受不利影响的情况下，我们将同意合理的延期和免除程序手续的要求.
  4. We will not request an extension of time for the purpose of unjustified delay.

Principles Particularly Applicable to Litigation

Procedural Agreements

  1. We will confer with opposing counsel about procedural issues that arise during the course of litigation, such as requests for extensions of time, discovery matters, pretrial matters, and the scheduling of meetings, depositions, hearings, and trial. We will seek to resolve by agreement such procedural issues that do not require court order. For those that do, we will seek to reach agreement with opposing counsel before presenting the matter to court.
  2. We accept primary responsibility, after consultation with the client, for making decisions about procedural agreements. 我们将向客户解释，澳门赌场官网之间在此类事务中的合作是专业规范，可能符合客户的利益. 我们将在任何此类拟议协议中解释争议事项的性质，并解释此类协议如何不损害客户的利益.

Discovery

  1. We will not use any form of discovery or discovery scheduling for harassment, unjustified delay, to increase litigation expenses, or any other improper purpose.
  2. 我方将善意地努力通过协议解决与诉状、发现请求和异议中所包含事项有关的任何争议.
  3. We will not engage in any conduct during a deposition that would not be appropriate if a judge were present. Accordingly, we will not obstruct questioning during a deposition or object to deposition questions, 除非适用规则允许保留异议或特权，否则我们将只询问我们合理认为在适用规则下发现是适当的问题.
  4. 我们将仔细起草文件制作请求，使其仅限于我们合理认为在适用规则下合适的文件. We will not design production requests for the purpose of placing an undue burden or expense on a party.
  5. We will respond to document requests reasonably. 我们不会以人为限制的方式解释有关要求，以避免披露相关及非保密文件. We will not produce documents in a manner designed to hide or obscure the existence of particular documents.
  6. 我们会精心安排审讯，将其限制在我们合理认为符合适用规则的范围内, and we will not design them for the purpose of placing an undue burden or expense on a party.
  7. We will respond to interrogatories reasonably. 我们不会以人为限制的方式解释审讯，以避免披露相关和非特权信息.
  8. We will base our discovery objections on a good faith belief in their merit. We will not object solely for the purpose of withholding or delaying the disclosure of properly discoverable information.
  9. During discovery, we will not engage in acrimonious conversations or exchanges with opposing counsel, parties, or witnesses. We will advise our clients to conduct themselves in accordance with these provisions. We will not engage in undignified or discourteous conduct which degrades the legal proceeding.

Sanctions

  1. 除非在进行合理调查后，情况合理证明，否则我们不会寻求法院制裁或取消澳门赌场官网的资格, which includes attempting to confer with opposing counsel.

Lawyers' Duties to the Court

  1. 我们认识到，公众对司法制度的看法受到澳门赌场官网与法官之间关系的影响, and that judges perform a symbolic role. At the same time, lawyers have the right and, at times, the duty to be critical of judges and their rulings. Thus, in all communications with the court, we will speak and write civilly. In expressing criticism of the court, we shall seek to use language that minimizes disrespect for courts and the system of justice.
  2. We will not engage in conduct that offends the dignity and decorum of judicial proceedings, brings disorder or disruption to the courtroom, or undermines the image of the legal profession.
  3. We will advise clients and witnesses to act civilly and respectfully toward the court, educate them about proper courtroom decorum, and, to the best of our ability, prevent them from creating disorder or disruption in the courtroom.
  4. We will not knowingly misrepresent, mischaracterize, misquote, or miscite facts or authorities.
  5. We will not degrade the intelligence, ethics, morals, integrity, or personal behavior of others, unless such matters are legitimately at issue in the proceeding.
  6. We will act and speak civilly and respectfully to the judge's staff, the courtroom staff, and other court personnel with an awareness that they, too, are an integral part of the judicial system. We will also advise clients and witnesses to act civilly and respectfully toward these participants in the legal process.
  7. We recognize that judicial resources are scarce, that court dockets are crowded, and that justice is undermined when cases are delayed and/or disputes remain unresolved. Therefore, 我们将考虑到法院和法院工作人员在努力执行司法时所固有的时间限制和压力.
  8. We recognize that tardiness and neglect show disrespect to the court and the judicial system. Therefore, we will be punctual and prepared for all court appearances so that all hearings, conferences, and trials may commence on time and proceed efficiently. We will also educate clients and witnesses concerning the need to be punctual and prepared. If delayed, we will promptly notify the court and counsel, if at all possible.
  9. Before dates for hearings or trials are set, or, if that is not feasible, immediately after such a date has been set, 我们将尽力核实是否有必要的参与者和证人，以便我们能够及时通知法院任何可能出现的问题.
  10. We will avoid ex parte communications with the court, including the judge's staff, on pending matters in person (whether in social, professional, or other contexts), by telephone, and in letters and other forms of written communication, unless such communications relate solely to scheduling or other non-substantive administrative matters, or are made with the consent of all parties, or are otherwise expressly authorized by law or court rule.

Judges' Duties to Lawyers

  1. We will be courteous, respectful, and civil to lawyers, parties, and witnesses. We will maintain control of the proceedings, 认识到法官有义务和权力确保有尊严地进行司法程序, decorum, and courtesy.
  2. We will not employ hostile, demeaning, or humiliating words in opinions or in written or oral communications with lawyers, parties, or witnesses.
  3. We will be punctual in convening hearings, meetings, and conferences; if delayed, we will notify counsel as promptly as possible.
  4. In scheduling hearings, meetings, and conferences, we will be considerate of time schedules of lawyers, parties, and witnesses and of other courts and tribunals. We will inform counsel promptly of any rescheduling, postponement, or cancellation of hearings, meetings, or conferences.
  5. While endeavoring to resolve disputes efficiently, we will be considerate of the time constraints and pressures imposed on lawyers by the exigencies of litigation practice. We will make all reasonable efforts promptly to decide matters presented to us for decision.
  6. We recognize that a lawyer has a right and duty to present a cause fully and properly, and that a litigant has a right to a fair and impartial hearing. Within the practical limits of time, we will allow lawyers to present proper arguments, to make a complete and accurate record, and to present a case free from unreasonable or unnecessary judicial interruption.
  7. 我们不会因为澳门赌场官网所代表的客户或其所代表的事业而质疑任何澳门赌场官网的诚信或专业精神.
  8. We will do our best to ensure that court personnel act civilly toward lawyers, parties, and witnesses.
  9. At an appropriate time and in an appropriate manner, we will bring to a lawyer's attention to conduct we observe that is inconsistent with these standards.

Judges' Duties to Each Other

  1. We will treat other judges with courtesy and respect.
  2. In written opinions and oral remarks, we will refrain from personally attacking, disparaging, or demeaning other judges.
  3. We will endeavor to work cooperatively with other judges with respect to the availability of lawyers, witnesses, parties, and court resources.

D.C. Bar Voluntary Standards of Civility: Principles Applicable to Representations

Principles Particularly Applicable to Representations Involving Business Transactions and Other Negotiations

  1. 我们不会在谈判中故意歪曲或歪曲事实或当局，或肯定地误导另一方或其澳门赌场官网.
  2. We will not engage in personal vilification or other abusive or discourteous conduct in negotiations. We will not engage in acrimonious exchanges with opposing counsel or parties at the negotiating table. We will encourage our clients to conduct themselves in accordance with these principles.
  3. We will honor all understandings with, and commitments we have made to, other attorneys. 我们将坚持我们在谈判中提出的建议，除非新收到的信息或不可预见的情况为取消这些建议提供了良好的基础, and we will encourage our clients to conduct themselves in accordance with this principle.
  4. 我方不会对正在协商的书面文件作出任何旨在使对方或澳门赌场官网忽视或无法理解所作更改的修改. 我们将清楚准确地为其他澳门赌场官网和当事人指明我们在提交给我们审查的文件中所做的所有更改.
  5. In memorializing oral agreements the parties have reached, 我们将在不作实质更改的情况下这样做，并将真诚地努力准确、完整地陈述口头谅解. In drafting proposed agreements based on letters of intent, we will strive to draft documents that fairly reflect the agreements of the parties.
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