PREAMBLE

The San Diego County Superior Court and San Diego County Municipal Court are committed to the highest standards of professionalism and expects those standards to be observed by lawyers who practice before them. Compliance with high standards of professionalism depends primarily upon understanding the value to clients, the legal system, the public, and lawyers of adhering to the voluntary standards. Secondarily, compliance depends upon reinforcement by peer pressure and public opinion, and finally, when necessary, by enforcement by the courts through their powers and rules already in existence. This Code of Conduct is not intended to be a set of rules that lawyers can use to incite ancillary litigation on the question whether the standards have been observed by an adversary.

I

GENERAL

1. Lawyers shall at all times comply with all rules of the California Rules of Professional Conduct.

2. Lawyers should honor their commitments.

3. Lawyers should uphold the integrity of our system of justice.

4. Lawyers should not compromise their integrity for the sake of a client, case or cause.

5. Lawyers should conduct themselves in a professional manner.

6. Lawyers should be guided by a fundamental sense of fair play in all professional dealings.

 

II

DUTIES OWED IN PROCEEDINGS BEFORE THE COURT

1. Lawyers should be courteous and respectful to the court.

2. Lawyers should be candid with the court.

3. Lawyers and clients appearing in court should dress neatly and appropriately.

4. Lawyers should be on time.

5. Lawyers should be prepared for all court appearances.

6. Lawyers should attempt to resolve, by agreement, differences regarding procedural and discovery matters.

7. Lawyers should discourage and decline to participate in litigation that is without merit or is designed primarily to harass or drain the financial resources of the opposing party.

8. Lawyers should avoid any communications, direct or indirect, about a pending case with a judge unless the opposing party or lawyer is present or unless permitted by court rules or otherwise authorized by law.

9. Lawyers should refrain from impugning the integrity of the judicial system, its proceedings, or its members.

 

III

DUTIES OWED TO MEMBERS OF THE BAR

1. Lawyers must remember that conflicts with opposing counsel are professional and not personal -- vigorous advocacy is not inconsistent with professional courtesy.

2. Lawyers should treat adverse witnesses and litigants with fairness and due consideration.

3. Lawyers should not be influenced by ill feelings or anger between clients in their conduct, attitude or demeanor toward opposing counsel.

4. Lawyers should conduct themselves in discovery proceedings in the same manner as they would if a judicial officer were present.

5. Lawyers should not use discovery to harass the opposition or for any improper purpose.

6. Lawyers should not intentionally make any misrepresentation to an opponent.

7. Lawyers should not arbitrarily or unreasonably withhold consent to a just and reasonable request for cooperation or accommodation.

8. Lawyers should not attribute to an opponent a position not clearly taken by the opponent.

9. Letters intended to make a record should be scrupulously accurate.

10. Lawyers should not propose stipulations in the presence of the trier of fact unless previously agreed to by the opponent.

11. Lawyers should ordinarily not interrupt an opponent’s legal argument.

12. Lawyers in court should address opposing lawyers through the court.

13. Lawyers should not seek sanctions against or disqualification of another lawyer to obtain a tactical advantage or for any other improper purpose.

14. Lawyers should conduct themselves so that they may conclude each case with a handshake with the opposing lawyer.

 

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