| The
Nashville Bar Association Standards of IntraProfessional Conduct |
Statement of Purpose
The growth of the bar and other factors have led in recent years to a decline in the level of courteous behavior among lawyers. The purpose of these standards is first to memorialize the customs of the bar for new and young attorneys, and secondly to urge the legal community generally to strive for greater civility in short, to "disagree without being disagreeable".
Standards
A lawyer should avoid taking action adverse to the interests of a litigant known to be represented without notice to adversary counsel sufficient to permit response.
A lawyer should promptly respond to attempts by other lawyers to contact him or her, whether by telephone or by correspondence.
A lawyer should respect an opponents schedule by seeking agreement on deposition dates and court appearances (other than routine motions) rather than merely serving notice.
A lawyer should avoid making ill considered accusations of unethical conduct toward an opponent.
A lawyer should not engage in intentionally discourteous behavior for the purpose of obtaining an advantage.
A lawyer should never intentionally embarrass another attorney and should avoid personal criticism in the presence of clients or other counsel.
A lawyer should not seek sanctions against or disqualification of another attorney unless necessary for the protection of a client and fully justified by the circumstances, and never for the mere purpose of obtaining a tactical advantage.
A lawyer should maintain a courteous tone in correspondence, pleadings, and other written communications.
A lawyer should never intentionally mislead or deceive an adversary and should honor promises or commitments made.
A lawyer should acknowledge that the conflicts are professional and not personal and should endeavor to maintain a friendly and collegial relationship with adversaries. In short, a lawyer should "leave the argument at the courtroom door."