| The
Multnomah Bar Association Statement on Professionalism in the Practice of Law |
Introduction
We, the members of the Multnomah Bar Association, recognize that as lawyers we belong to a profession devoted to serving both the interests of our clients and the public good. In our roles as counselors, advocates and officers of the court, we aspire to a standard of conduct that warrants the term "professional." We seek to earn a reputation for honor and trustworthiness among our clients, the legal community and the community at large.
Professionalism
Professionalism includes integrity and willing compliance with the highest ethical standards. Professionalism goes beyond observance of the legal profession's ethical rules and serves the best interests of clients and the public in general; it fosters respect and trust among lawyers and between lawyers and the public, promotes the efficient resolution of disputes, and makes the practice of law more enjoyable and satisfying.
In furtherance of our commitment to conduct ourselves in a manner worthy of professionals, we adopt as guidelines for our practice the following principles.
General Guidelines
We will represent our clients zealously within the bounds of the law and the ethical standards approved by the Oregon Supreme Court, vigorously protecting the interests of our clients in a responsible manner. We will treat other parties, members of the public, attorneys, and judges with dignity, courtesy, and respect. We will avoid discrimination based on race, religion, gender or sexual orientation.
Basic to the foregoing is our commitment not to knowingly misstate facts or law, even in the most adversarial aspects of practice; to ensure that other lawyers and judges can trust in and rely upon our word; to learn and follow practices and civilities in working with other members of the bar and the judiciary that encourage respect and trust while accommodating the legitimate interests and needs of the parties involved; to avoid harsh criticisms of and personal attacks upon opponents and judges; and to refrain from asserting untenable positions or engaging in tactics to delay or gain unfair advantage. We believe lawyers should solve problems, not create or exacerbate them.
Litigation
Whenever litigation is contemplated in order to preserve the rights of a party against the running of a statute of limitations, we will endeavor before filing the action to seek an agreement to toll the statute of limitations long enough to investigate whether a lawsuit is warranted.
We will not assert ancillary claims for relief that have no independent merit and are likely to result in unnecessary cost and expense.
After receiving a complaint, and if possible before an answer is due, we will try to initiate informal discussions with opposing counsel in order to determine the precise nature of the claim, the prospect of settlement, and the possible use of alternative dispute resolution in resolving the claim. We will try to reach agreement for scheduling of future motions, discovery, pretrial conferences, and other matters in an effort to reduce the cost of litigation to the parties. We will avoid unnecessary motions and discovery.
With respect to discovery, we will not seek information from our adversaries for the purpose of harassment, nor will we refuse to produce information that we know the court will ultimately require to be produced. We will try to schedule depositions informally by mutual agreement for the convenience of parties, their counsel, and witnesses before resorting to formal notice procedures.
We will file motions likely to eliminate or refine the essential issues of the dispute, but only if it is likely the motions will have a beneficial impact on the case as a whole and not merely correct unimportant defects in the pleadings. In making motions we will consider costs and benefits to the parties, the court, and system of justice, giving due consideration to any trade-offs to our clients and the progress of the cases as a whole. Motions will be considered carefully in light of the likelihood of success and the practical benefit to the client.
Recognizing that initiating settlement discussions is not a sign of weakness, we will endeavor to confer early with opposing counsel to assess settlement possibilities.
We will encourage innovative methods that simplify and make less expensive the rendering of legal services. We specifically adopt and incorporate in this statement the cost containment guidelines promulgated by joint action of the OTLA and OADC.
Business Practice
We will endeavor to represent the best interests of our clients while at the same time seeking to resolve matters in a manner that minimizes legal expenses for all involved. We will be sensitive to the varying demands, expectations and needs of diverse clients and will attempt to provide appropriate representation.
In making representations concerning the facts of a matter we will be accurate and indicate clearly the extent to which we have authority to bind the client. We will likewise be circumspect in the manner in which we describe our adversaries and characterize their tactics to our client, giving due regard to the client's right to our candid views are relevant to the client's interest and not for the purpose of unfairly disparaging other counsel. In handling disputed issues we will try to find solution in which all parties achieve a favorable result.
We will never intentionally let "pride of authorship" or other self-interested motives interfere with the client's legitimate objectives. In exchanging, reviewing, and revising documents in transactions we will clearly mark all revisions and will attempt to avoid quarrels over matters of form or style and concentrate our energies and resources on matters of content and substance.
Lawyering and the Public Interest
When the interests of our clients are not involved, we will endeavor to put aside self-interest and support legislation that is in the public interest; we will urge legislative bodies to consider the consequences of proposed legislation on the courts and legal system.
Within our profession we will endeavor to preserve and develop a strong sense of commitment to the ideals of integrity, honesty, competence, fairness, independence, courage and devotion to the public interest.
We will avoid advertising that is not fair, factual and informative.
We will endeavor to increase the participation of lawyers in pro bono activities and to help lawyers recognize their obligation to make legal services available to all members of society.
We resolve to employ all the organizational resources necessary to assure that the legal profession is effectively regulated.
We will support activities that educate the public about legal processes and the legal system.
Conclusion
We are committed to the foregoing statement of professionalism. We will discuss it within our profession, and we will endeavor to conduct the practice of law in a manner consistent with these precepts.
Adopted November 1988
OTLA & OADC Cost Containment Guidelines
This list is intended to be a set of proposed guidelines promulgated by the joint Oregon Trial Lawyers Association & Oregon Association of Defense Counsel committee for all lawyers engaged in litigation. It is hoped that these guidelines, when fairly followed by the litigants, will result in cost savings to all parties.
The joint committee suggests that all attorneys begin litigation by tendering this list to the opposing attorneys and asking if they are willing to process the case using these guidelines.
Avoid unnecessary motion practice. Consider submitting to opposing counsel a proposed responsive pleading with a letter in lieu of a motion setting forth any objections you may have to the adversary's pleadings which you would normally raise by motion. Determine if your objections can be resolved by mutual agreement or reserved until trial.
Seek early agreement of counsel for a voluntary exchange of information without the paper chase of motions.
Courts and attorneys should be encouraged to use telephone conferences to resolve matters which cannot be handled by mutual agreement.
Depositions: a. Set depositions by mutual agreement with the aid of legal secretaries or assistants. Avoid the paper chase and time waste of noticing depositions at arbitrarily selected times. b. Depositions should be to the point. A little preplanning can save time. Encourage associates taking depositions to set reasonable time constraints on depositions. c. Consider electronic recording of depositions in certain cases, particularly in depositions that are not critical. d. Consider telephone depositions where appropriate for witnesses for discovery or perpetuation, particularly where the cost of producing the party or witness is excessive. Consider also the use of telephone testimony at trial. Many courts have current capability or equipment may be temporarily installed. "Live" telephone testimony can be effective and is much less expensive than video deposition testimony.
Multi-party or potential multi-party cases: a. Consider limiting the use of cross-claims and third-party actions by using alternative procedures e.g. (1) stipulate to division of responsibility in the event of plaintiff's judgment (2) coordinate defense without prejudice and stipulate that trial judge can decide indemnity and contribution issues, if necessary, based upon evidence submitted during primary trial and any additional evidence submitted by defendants or third-party defendant. b. In multi-party cases attorneys should organize and coordinate discovery, research and the use of experts for the purpose of eliminating unnecessary trial preparation and costs.
Early evaluation by counsel is important. Frequently a face-to-face conference between counsel even prior to filing the lawsuit, with an exchange of necessary information, can accomplish more than motions and depositions. Where appropriate, consider interviews of plaintiff, defendant or witnesses in lieu of depositions. In liability cases, early settlement conferences (which need not necessarily involve the court) can keep costs down.
Try to agree on discovery plans with opposing counsel so that the parties will be able to know at an early stage whether the case is one to be tried or settled. Avoid the last minute flurry of discovery.
Seek court sanctions for discovery abuses if personal communication between counsel fails to resolve the problem. Seek protective orders where appropriate to shorten discovery procedures.
Avoid setovers whenever possible. If you know you are going to need a setover promptly notify the court and parties. Do not wait until the last minute. Verify the availability of witnesses and counsel immediately upon receipt of a trial date and immediately notify all parties if setovers are anticipated. A friendly, periodic check of adverse counsel's availability for trial is helpful and wise, especially in complex cases.
Create an office research bank and index it carefully. The same is true with jury instructions and unusual pleadings.
Consider the use of paralegals or law clerks when appropriate but limit the number of and the time allowed for associates, clerks and paralegals to complete assignments. Unrestricted use of assistants frequently increases the cost of legal services for both services.
Ask expert witnesses to be cost-effective and agree on fees in advance.
Consider voluntary, non-binding arbitration, in appropriate cases before experienced trial lawyers to be chosen by the parties; or, as an alternative, in those cases in which arbitration would otherwise be required or available consider utilization (by stipulation) of less crowded dockets in the District Courts where a jury trial would be available.
Effective January 15, 1985
Joint Committee of OTLA and OADC