Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1989
I am a lawyer; I am entrusted
by the People of Texas to preserve and improve our
legal system. I am licensed by the Supreme Court of
Texas. I must therefore abide by the Texas
Disciplinary Rules of Professional Conduct, but I
know that Professionalism requires more than merely
avoiding the violation of laws and rules. I am
committed to this Creed for no other reason than it
is right.
I. 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.
I am
passionately proud of my profession.
Therefore, "My word is my bond."
I am responsible
to assure that all persons have access to
competent representation regardless of wealth
or position in life.
I commit myself
to an adequate and effective pro bono
program.
I am obligated
to educate my clients, the public, and other
lawyers regarding the spirit and letter of
this Creed.
I will always be
conscious of my duty to the judicial system.
II. LAWYER TO
CLIENT
A lawyer owes to a
client allegiance, learning, skill, and industry. A
lawyer shall employ all appropriate means to protect
and advance the client's legitimate rights, claims,
and objectives. 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.
I will advise my
client of the contents of this Creed when
undertaking representation.
I will endeavor
to achieve my client's lawful objectives in
legal transactions and in litigation as
quickly and economically as possible.
I will be loyal
and committed to my client's lawful
objectives, but I will not permit that
loyalty and commitment to interfere with my
duty to provide objective and independent
advice.
I will advise my
client that civility and courtesy are
expected and are not a sign of weakness.
I will advise my
client of proper and expected behavior.
I will treat
adverse parties and witnesses with fairness
and due consideration. A client has no right
to demand that I abuse anyone or indulge in
any offensive conduct.
I will advise my
client that we will not pursue conduct which
is intended primarily to harass or drain the
financial resources of the opposing party.
I will advise my
client that we will not pursue tactics which
are intended primarily for delay.
I will advise my
client that we will not pursue any course of
action which is without merit.
I will advise my
client that I reserve the right to determine
whether to grant accommodations to opposing
counsel in all matters that do not adversely
affect my client's lawful objectives. A
client has no right to instruct me to refuse
reasonable requests made by other counsel.
I will advise my
client regarding the availability of
mediation, arbitration, and other alternative
methods of resolving and settling disputes.
III. LAWYER TO
LAWYER
A lawyer owes to
opposing counsel, in the conduct of legal
transactions and the pursuit of litigation, courtesy,
candor, cooperation, and scrupulous observance of all
agreements and mutual understandings. Ill feelings
between clients shall not influence a lawyer's
conduct, attitude, or demeanor toward opposing
counsel. A lawyer shall not engage in unprofessional
conduct in retaliation against other unprofessional
conduct.
I will be
courteous, civil, and prompt in oral and
written communications.
I will not
quarrel over matters of form or style, but I
will concentrate on matters of substance.
I will identify
for other counsel or parties all changes I
have made in documents submitted for review.
I will attempt
to prepare documents which correctly reflect
the agreement of the parties. I will not
include provisions which have not been agreed
upon or omit provisions which are necessary
to reflect the agreement of the parties.
I will notify
opposing counsel, and, if appropriate, the
Court or other persons, as soon as
practicable, when hearings, depositions,
meetings, conferences or closings are
cancelled.
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.
I will not serve
motions or pleadings in any manner that
unfairly limits another party's opportunity
to respond.
I will attempt
to resolve by agreement my objections to
matters contained in pleadings and discovery
requests and responses.
I can disagree
without being disagreeable. I recognize that
effective representation does not require
antagonistic or obnoxious behavior. I will
neither encourage nor knowingly permit my
client or anyone under my control to do
anything which would be unethical or improper
if done by me.
I will not,
without good cause, attribute bad motives or
unethical conduct to opposing counsel nor
bring the profession into disrepute by
unfounded accusations of impropriety. I will
avoid disparaging personal remarks or
acrimony towards opposing counsel, parties
and witnesses. I will not be influenced by
any ill feeling between clients. I will
abstain from any allusion to personal
peculiarities or idiosyncrasies of opposing
counsel.
I will not take
advantage, by causing any default or
dismissal to be rendered, when I know the
identity of an opposing counsel, without
first inquiring about that counsel's
intention to proceed.
I will promptly
submit orders to the Court. I will deliver
copies to opposing counsel before or
contemporaneously with submission to the
court. I will promptly approve the form of
orders which accurately reflect the substance
of the rulings of the Court.
I will not
attempt to gain an unfair advantage by
sending the Court or its staff correspondence
or copies of correspondence.
I will not
arbitrarily schedule a deposition, Court
appearance, or hearing until a good faith
effort has been made to schedule it by
agreement.
I will readily
stipulate to undisputed facts in order to
avoid needless costs or inconvenience for any
party.
I will refrain
from excessive and abusive discovery.
I will comply
with all reasonable discovery requests. I
will not resist discovery requests which are
not objectionable. I will not make objections
nor give instructions to a witness for the
purpose of delaying or obstructing the
discovery process. I will encourage witnesses
to respond to all deposition questions which
are reasonably understandable. I will neither
encourage nor permit my witness to quibble
about words where their meaning is reasonably
clear.
I will not seek
Court intervention to obtain discovery which
is clearly improper and not discoverable.
I will not seek
sanctions or disqualification unless it is
necessary for protection of my client's
lawful objectives or is fully justified by
the circumstances.
IV. LAWYER AND
JUDGE
Lawyers and judges
owe each other respect, diligence, candor,
punctuality, and protection against unjust and
improper criticism and attack. Lawyers and judges are
equally responsible to protect the dignity and
independence of the Court and the profession.
I will always
recognize that the position of judge is the
symbol of both the judicial system and
administration of justice. I will refrain
from conduct that degrades this symbol.
I will conduct
myself in court in a professional manner and
demonstrate my respect for the Court and the
law.
I will treat
counsel, opposing parties, witnesses, the
Court, and members of the Court staff with
courtesy and civility and will not manifest
by words or conduct bias or prejudice based
on race, color, national origin, religion,
disability, age, sex, or sexual orientation.
I will be
punctual.
I will not
engage in any conduct which offends the
dignity and decorum of proceedings.
I will not
knowingly misrepresent, mischaracterize,
misquote or mis-cite facts or authorities to
gain an advantage.
I will respect
the rulings of the Court.
I will give the
issues in controversy deliberate, impartial
and studied analysis and consideration.
I will be
considerate of the time constraints and
pressures imposed upon the Court, Court staff
and counsel in efforts to administer justice
and resolve disputes.