Duties of the Lawyer.
A lawyer is an officer of the court who has sworn to uphold the federal and state constitutions, to
proceed only by means that are truthful and honorable, and to avoid offensive personality. It
follows that such a professional must treat clients and third persons with courtesy and respect.
For many citizens, contact with a lawyer is the first or only contact with the legal system.
Respect for law and for legal institutions is diminished whenever a lawyer neglects the obligation
to treat persons properly. It is increased when the obligation is met.
A lawyer must pursue a client’s interests with diligence. This often requires the lawyer to frame
questions and statements in bold and direct terms. The obligation to treat persons with courtesy
and respect is not inconsistent with the lawyer’s right, where appropriate, to speak and write
bluntly. Obviously, it is not possible to formulate a rule that will clearly divide what is properly
challenging from what is impermissibly rude. A lawyer’s professional judgment must be
employed here with care and discretion.
A lawyer must take particular care to avoid words or actions that appear to be improperly based
upon a person’s race, gender, or other protected personal characteristic. Legal institutions, and
those who serve them, should take leadership roles in assuring equal treatment for all.
A judge must act “[a]t all times” in a manner that promotes public confidence in the impartiality
of the judiciary. Canon 2(B) of the Code of Judicial Conduct. See also Canon 5. By contrast, a
lawyer’s private conduct is largely beyond the scope of these rules. See Rule 8.4. However, a
lawyer’s private conduct should not cast doubt on the lawyer’s commitment to equal justice
under law.
A supervisory lawyer should make every reasonable effort to ensure that subordinate lawyers
and nonlawyer assistants, as well as other agents, avoid discourteous or disrespectful behavior
toward persons involved in the legal process. Further, a supervisory lawyer should make
reasonable efforts to ensure that the firm has in effect policies and procedures that do not
discriminate against members or employees of the firm on the basis of race, gender, or other
protected personal characteristic. See Rules 5.1 and 5.3.
Duties of Adjudicative Officers.
The duties of an adjudicative officer are included in these rules, since many legislatively created
adjudicative positions, such as administrative hearing officer, are not covered by the Code of
Judicial Conduct. For parallel provisions for judges, see the Code of Judicial Conduct.
