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Practicing the Pillars of Primerus

By Molly L. Fletcher

In law school, there were classes that emphasized the importance of being a lawyer in today’s society. There were discussions of a lawyer’s role in building democratic institutions, promoting equal access to justice, and maintaining public order. But were we educated on how to be a lawyer? Not just any kind of lawyer, but the right kind of lawyer? Does zealous advocacy of a client’s interests mean a “win at all costs” mentality? Why would a lawyer be obligated to provide legal services to those who cannot afford my fees? Is civility, much like chivalry, a casualty of the modern age? Does it have to be? Lawyers obtain a legal education as an academic foundation in law school. But where does a young lawyer obtain a set of professional values that will serve as a foundation for their legal career? Often times the early training and exposure at initial jobs and law firms shapes the rudimentary values and ethics which will become the code for young attorneys. In the same way that law school takes an unshaped mind and trains it to apply reasoning and analysis within a legal framework, young attorneys who are provided strong, practical and ethical guidelines, like the Six Pillars of Primerus, can similarly use these standards as a framework within which to practice. When emphasized, these pillars can represent a standard of conduct that each member commits themselves to throughout their legal practice: Civility, Integrity , Community Service, Continuing Legal Education, Excellent Work Product and Reasonable Fees.  
     
The virtues of civility cannot be overemphasized. All too often there are war stories of personality conflicts and all out battles between opposing counsels. It can therefore be easy for lawyers to blame a lack of civility on the adversarial nature of the litigation process. But blaming the process will not win you any sympathy points with the community as a whole (legal and otherwise) or the bench. Our job as lawyers is to resolve disputes. The manner in which we go about resolving these disputes contributes greatly to their fair, efficient and just resolution. Uncivil, abrasive, abusive or hostile conduct inevitably impedes the fundamental goal of all lawyers, which is to resolve disputes rationally, peacefully and efficiently. Civility generally promotes peaceful and stable relationships with your clients, judges, support staff and other attorneys. All lawyers uphold the virtue of practicing with civility as it demands respect, common courtesy and decency inside and outside of the court room. A practice that will ensure civility does not succumb to the inherent adversarial nature of the litigation process.
 
As a professional group, lawyers are in a unique position to be able to protect human rights and maintain a just society. As lawyers, we are responsible for ensuring that our legal institutions administer justice fairly and with integrity. Practicing with integrity does not inhibit vigorous advocacy of a client’s interests. Lawyers should reject a “win at all costs” mentality as it can all too often lead to unethical behavior. I remember my first appearance in court and the simple lesson of integrity I learned that day. As I was standing up to make my appearance before the Court, a more seasoned attorney to my left whispered in my ear, “Remember, all you have is your credibility…Don’t lose it!” This advice encapsulates the essence of why it is so important to practice with integrity. Half-truths or misleading representations can result in a loss of credibility with the Court. When credibility is lost, suspicion and mistrust take its place, which will harm both your reputation and practice. Therefore, practicing with integrity assures that you will never lose your credibility with the Court.
 
There is an ancient truth which most certainly applies today: to whom much is given, much is required. Ideally, every individual should have equal access to the benefits of the legal system. Many attorneys have embraced the goal of universal access to justice as one of their core values and have implemented this goal in numerous pro bono efforts. Our profession requires us to provide more than just a service for a fee. It demands our services for all citizens as part of our responsibility as custodians of the legal system.
 
Another way we thrive professionally is a strict adherence to excellence in our work product. Handling a case and a client with thoroughness and intelligence enhances individual as well as collective faith in our profession. Primerus members also understand the modern practice of the law is a professional service that requires clients to pay for our representation. Charging a client a reasonable fee for the lawyer’s representation does not mean that lawyers should not make a living. However, charging an excessive amount for legal services is contrary to public service as it would deter citizens from utilizing the legal system. Additionally, it is of the utmost importance to the public that attorneys maintain their professional competence through ongoing professional education. The law changes quickly and it is the lawyer’s responsibility to augment their knowledge of the law accordingly.
 

The conduct and manner in which every lawyer practices the law has a corresponding ripple effect on the entire legal profession. As custodians of the justice system, we are charged with the responsibility of resolving our societal problems in a civilized, rational, peaceful and professional manner. Unfortunately, some have not taken these responsibilities seriously. Public opinion polls provide evidence that dissatisfaction with the legal system is widespread and that the public generally holds lawyers in low regard. Our public image is being eroded by those who do not practice with integrity and civility, who do not contribute to the community, who charge unreasonable fees, and who do not produce quality work or keep up with their continuing legal education. This has lead to a pervasive public mistrust of lawyers. This mentality contributes to the decline of the legal profession into a discourteous, hostile and uncivil environment. It is the responsibility of not just new lawyers, but all lawyers, to take this phenomenon seriously. By committing ourselves to the values contained in the Six Pillars of Primerus, we can lead by our example of not just how to be a lawyer, but how to be the right kind of lawyer.


This article appeared in the WINTER 2010 issue of The Primerus Paradigm

Molly L. Fletcher is an associate at Neil Dymott and concentrates her practice on professional liability and civil litigation. Ms. Fletcher may be reached at (619) 238-1712 or mfletcher@neildymott.com.

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