A Quick Review of the Texas Lawyer’s Creed

PRACTICE POINTERS

BY PAMELA F. DAVIS

Congratulations to our newest law graduates and attorneys. My hope for you is that the practice of law will be an exciting journey for you and one in which you will make a difference for the clients and organizations you serve.

For our new lawyers, the Texas Lawyer’s Creed is a statement declaring the professionalism expected from lawyers, which was issued in 1989 by the Texas Supreme Court and the Texas Court of Criminal Appeals. It has been years since I read the Texas Lawyer’s Creed. After noticing a decline in our political climate, I decided to reread the Texas Lawyer’s Creed to be reminded of the ideals I hoped to live by when I first became a lawyer 23 years ago.

I’d like to highlight a few quotes from the Texas Lawyer’s Creed that I hope will help you as much as they have helped me.

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.”

What an honor and a privilege it is to be part of the “select few” who were able to receive a law degree and pass a rigorous bar exam. What a sense of pride to know that your role as a lawyer is to provide justice for your clients. Therefore, wear the cloak of lawyerhood proudly as you bring honor to this esteemed profession.

LAWYER TO CLIENT

“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.”

The current political climate often condemns anyone who doesn’t share the same belief as its party core. Politicians, including those who are lawyers, are often terrified of appearing unpopular and losing support. As attorneys you will eventually have a client who doesn’t think like the “mainstream.” Yet you must put on a brave front and represent them and seek justice for them while highlighting the law that is in their favor.

“I will advise my client that civility and courtesy are expected and are not a sign of weakness.”

Our current political climate appears to believe that if you aren’t screaming, yelling, or cursing, then you are a weak individual and not getting anything done. However, as attorneys, we must remember that kindness is a lost art that we must maintain in our profession.

After noticing a decline in our political climate, I decided to reread the Texas Lawyer’s Creed to be reminded of the ideals I hoped to live by when I first became a lawyer 23 years ago.

LAWYER TO LAWYER

“Ill feelings between clients shall not influence a lawyer’s conduct, attitude, or demeanor toward opposing counsel.”

I often see clients who want their attorneys to take on the personality of their clients. Unfortunately, this contentious behavior results in more drama and a prolonged court case. Remaining cordial to opposing counsel could perhaps trickle down to your clients. Regardless, those of us in the bar owe it to each other to remain cordial.

“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.”

Life happens—especially if you are a solo attorney without much backup or staff. So, if opposing counsel needs a reasonable amount of additional time to prepare a response, determine if it hurts your client to reach an agreement with opposing counsel.

LAWYER AND JUDGE

“Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack.”

I love how this statement provides that “mutual respect” is owed between lawyers and judges. It’s a beautiful concept when attorneys and judges can disagree over the law and facts and even the decision rendered, yet still provide respect to one another. Lawyers must fight zealously for their clients and may use the appeal process when you think a judge didn’t apply the correct law.

“[T]he position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol.”

When a person appears before a judge, that person rightfully expects that the judge will know the law and properly research the law before rendering a decision. The black cloak and the position of judgeship is one of honor and the closest that an individual comes to receiving justice. Therefore, it’s ideal for judges to remember that judgeship is another extension of service to administer fairness to the people who come before them.

In conclusion, I wish you the best in your legal career. May you uphold the core legal principles of creating an atmosphere where justice may be achieved on behalf of your clients. Obviously, as attorneys, the judge won’t always agree with our facts and sometimes the law just doesn’t support the result we hope to achieve. However, if we embody professionalism in our losses and defeats, then we will continue to bring honor to the practice of law. AL

Pamela Davis has been a practicing attorney in the state of Texas for 23 years and has been board certified in family law by the Texas Board of Legal Specialization since 2008. She currently works in private practice handling family law, probate, personal injury, and criminal law. Previously, she worked in the General Counsel Division for the Office of the Attorney General’s Child Support Office in Austin and for the Child Support Division in Houston.