Courtroom Decorum and Professionalism in the Courts

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Presentation transcript:

Courtroom Decorum and Professionalism in the Courts How to deal with unprofessional counsel (or judge?)

The Code of Professionalism My word is my bond. (excerpts with relevance to courtroom) I will never intentionally mislead the court/other counsel I will not knowingly make untrue statements of fact or law I will conduct myself with dignity, civility, courtesy and a sense of fair play I will not abuse or misuse the law, its procedures or the participants in the judicial process I will not file or oppose pleadings, etc. or utilize any course of conduct for the purpose of undue delay or harassment of any other counsel or party. I will allow counsel fair opportunity to respond and will grant reasonable requests for extensions of time

The Code of Professionalism My word is my bond. (excerpts with relevance to courtroom) I will not engage in personal attacks on other counsel or the court and will not make unfounded allegations of unethical conduct about other counsel I will not use the threat of sanctions as a litigation tactic. I will cooperate with counsel and the court to reduce the cost of litigation and will readily stipulate to all matters not in dispute. I will be punctual in my communication with clients, other counsel and the court, and in honoring scheduled appearances.

Rule 6.3 Code of Professionalism LAWYERS' DUTIES TO THE COURT  Speak and write civilly and respectfully in all communications with the court. Be punctual and prepared for all court appearances so that all hearings, trials etc. may commence on time; if delayed, notify the court and counsel. Be considerate of the time constraints and pressures on court and court staff inherent in their efforts to administer justice. Do not engage in any conduct that brings disorder/disruption to the courtroom. Advise clients and witnesses appearing in court of the proper conduct expected and prevent them from creating disorder or disruption. Do not knowingly misrepresent, mischaracterize, misquote, or miscite facts or authorities in any oral/written communication. Do not engage in ex parte communication on a pending action. Attempt to verify the availability of necessary participants and witnesses before dates for hearings or trials are set, or if not feasible, immediately after such date has been set, so you can promptly notify the court of any likely problems. Act and speak civilly to court marshals, clerks, court reporters, secretaries, and law clerks.

Professionalism in the Courtroom?

Comments on Public Defender and Judge’s Actions Did the Public Defender violate the Code of Professionalism? What should the attorney have done or not done? Did the Judge’s conduct violate the Code of Professionalism? How do you deal with an unprofessional judge?

Can Unprofessional Conduct Result in Ethical Violations? In re McCool, 172 So.3d 1058 (La. 6/60/15) La. attorney McCool represented a friend who was involved in separate custody battle in Mississippi the where friend accused her ex-husband of sexually abusing their kids. McCool filed separate proceeding in St. Tammany Parish on behalf of her friend’s new husband who sought to adopt the kids. Judge stayed La. proceedings pending resolution of Mississippi matter, denied writs to appellate circuit and La. Supreme Court.

Can Unprofessional Conduct Result in Ethical Violations In re McCool, 172 So.3d 1058 (La. 6/60/15) Unhappy with the various rulings made by La. and Miss. Judges and believing those rulings were legally wrong, McCool drafted an online petition entitled “Justice for [H] and [Z]” which she and and the friend/mother posted on the internet at change.org, along with a photo of the two girls.

Can Unprofessional Conduct Result in Ethical Violations In re McCool, 172 So.3d 1058 (La. 6/60/15) Attorney's conduct warranted disbarment where she use the internet and social media to solicit the public to make direct ex parte contact with Louisiana Supreme Court and trial judges in Mississippi and Louisiana in an effort to influence decisions in sealed, pending domestic litigations, and making false and inflammatory statements including that the judges ignored evidence of sexual abuse of children.