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The
Virginia Bar Association Creed
PREAMBLE: The practice of
law is and must remain a profession. As members of an honored profession,
lawyers are expected to exhibit the highest standards of honesty and integrity.
In addition, lawyers must strive to achieve a sense of personal honor
which should be manifested, in part, by a vigorous devotion to civility
in the courts, to clients and to other lawyers. Courtesy is neither a
relic of the past nor a sign of less than fully committed advocacy. Courtesy
is simply the mechanism by which lawyers can deal with daily conflict
without damaging their relationships with their fellow lawyers and their
own well-being. Toward that end, lawyers should aspire to the following
Principles of Professionalism:
AS TO THE COURTS AND OTHER TRIBUNALS
As a professional, I should always:
1. Avoid non-essential litigation and non-essential pleading
in litigation.
2. Communicate with opposing counsel in an effort to avoid
litigation and to attempt to resolve the litigation that has commenced.
3. Attempt to resolve by non-coerced agreement my objections
to matters contained in my opponent's pleadings and discovery requests.
4. Prevent misuses of court time by verifying the availability
of key participants for scheduled appearances before the court.
5. Stipulate to facts in civil matters as to which there
is no genuine dispute.
6. Speak or write courteously and respectfully in all
communications with a court or tribunal and show my respect by my attire
and demeanor.
7. Exercise candor with the court at all times and act
with complete honesty.
AS TO OPPOSING PARTIES AND THEIR COUNSEL
AND OTHER COLLEAGUES IN THE PRACTICE OF LAW
As a professional, I should always:
1. Attempt to determine compatible dates with opposing
counsel before scheduling motions, meetings and depositions.
2. Avoid serving motions or pleadings in such a manner
or at such a time as to harass opposing counsel or preclude an opportunity
for a competent response.
3. Attempt to resolve any dispute with opposing counsel
prior to filing any notice or scheduling any hearing.
4. Exercise courtesy and civility in all communications
and avoid rudeness and other acts of disrespect in all meetings, including
depositions and negotiations.
5. Identify clearly all changes made in documents submitted
to opposing counsel for review.
6. Respect the commitments of others by striving to always
be punctual.
7. Remember that the conflict is between the clients and
not the lawyers.
8. Respond promptly to all requests by opposing counsel.
9. Avoid personal criticism of another lawyer.
10. Set a good example for and assist newer members of
the bar.
AS TO CLIENTS AND THE PUBLIC
As a professional, I should always:
1. Remember that my responsibilities as a lawyer include
a devotion to the public good, respect for the civil rights and sensibilities
of others and a willingness to provide pro bono or reduced fee services
where appropriate.
2. Counsel clients about alternative forms of dispute
resolution where appropriate and available.
3. Counsel clients about the value of cooperation and
compromise in the resolution of disputes.
4. Advise clients against pursuing litigation or other
actions that are without merit or intended merely to harass, delay or
exhaust the financial resources of the opposing party.
5. Reach clear agreements, preferably in writing, with
clients concerning the nature of the representation and the fees to be
charged.
6. Keep clients advised as to the progress of their case
or other matters being handled and communicate promptly and clearly with
clients.
7. Strive to achieve my client's goals expeditiously and
at a reasonable fee.
8. Consider the effect of my conduct and deportment on
the image of lawyers and the system of justice.
9. Recognize that uncivil conduct does not advance and
may compromise the rights of my clients.
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