Professionalism: The Route to Success in the 21st Century Mag Ritchey Hall of Fame CLE December 29, 2016

Challenges to Success in the Legal Profession in the 21st Century Free access to legal information via Internet Legal forms available on-line Low public opinion of lawyers Movie and television portrayal of attorney incivility as the norm

Atticus Finch?

Tom Hagan?

John Milton?

Public Perception In a 2008 Gallup Poll only 18% of those surveyed would rate the honesty and ethical standards of lawyers as “high” or “very high,” garnering a lower rating than, for example, medical doctors (64%), bankers (23%) and building contractors (22%). An ABA Section of Litigation survey found that 69% of those polled agreed that lawyers are more interested in making money than in serving their clients. Moreover, 57% believed that most lawyers are more concerned with their own self-promotion than their client’s best interests.

30-Year History In 1986, ABA Commission on Professionalism’s report made recommendations for rekindling a sense of professionalism among lawyers. In 1992, Louisiana’s Code of Professionalism was adopted. In 1997 by order of Louisiana Supreme Court, 15-hour CLE requirement must include 1 hour of professionalism.

Today’s Goal Today we will examine professionalism as the route to success in the legal profession in the 21st century.

Definitions of Professionalism Attempts to define are often vague: Dean Roscoe Pound: “…pursuing a learned art as a common calling in the spirit of public service...” Apply Justice Potter Stewart - “I know it when I see it.” Justice Clark, Georgia Supreme Court – “Professionalism differs from ethics in the sense that ethics is a minimum standard…while professionalism is a higher standard.” ?????????????

Ethics vs. Professionalism The Code of Ethics is a very specific list of rules that are: Mandatory for attorneys. Carry penalties for infraction. Represent the floor of acceptable conduct. The Code of Professionalism: Is aspirational. Encouraged not mandated. No disciplinary penalties for infraction. Represent a higher standard.

What IS Professionalism? Civility Competence Commitment

Civility Our work is adversarial. We aim to zealously represent and defend our clients. Civility is the act of being able to politely disagree during discourse and the ability to remain respectful in the midst of a tense situation.

Angry lawyer goes off the deep end

Lawyer’s Oath - Civility •Respect the courts. •Employ means that are consistent with truth and honor. •Maintain client confidentiality. •Act with fairness, integrity, and civility toward opposing parties in court and in all communications. •Abstain from all offensive personality.

Competence Information vs judgment and wisdom

Old Speed New Speed

SLOW DOWN !!! Cortisol is the stress hormone. When your cortisol is raging, lie on floor or bed with head flat and legs elevated. Meditation – slow down the speeding brain.

Commitment Service to others Give and Take

Resources CLE Mentorship Inns of Court Public service – pro bono Alternative Dispute Resolution 2civility.org

Final Words Civility - Be nice Competence - Know your stuff Commitment - Serve others