A. B. A. Litigation Section Approves Voluntary "Guidelines for Conduct"

The ABA's Litigation Section recently approved a long, detailed set of Guidelines for Conduct of litigators and judges. Most deal with the core issues of true civility and professionalism: resisting the temptation to ascribe motives to others without proof, and refraining from all activity that is not relevant to the genuine issues of a case. However, a couple of the rules are provincial, and would not mesh with the custom and usage of Virginia courts. Some of the civility rules seem to carry a tinge of political correctness, but what they actually are is a reaction to some controversial habits of the judges of the U.S. Seventh Circuit, from which these rules were borrowed. Highlights:

[SITE MANAGER'S NOTE: This is a condensation. There were ellipses between paragraphs and within sentences, but the computer appears to have eaten them. Caveat lector.]

" We support the principles espoused in the following Guidelines, but under no circumstances should these Guidelines be used as a basis for litigation or for sanction or penalties.

Lawyers' Duties to Other Counsel

1. In our dealings with others we will not reflect the ill feelings of our clients.

4. We will not, absent good cause, attribute bad motives or improper conduct to other counsel.

5. We will not lightly seek court sanctions.

7. When we reach an oral understanding on a proposed agreement and decide to commit it to writing, the drafter will endeavor in good faith to state the oral understanding accurately and completely. Changes from prior drafts will be identified in the draft or otherwise explicitly brought to other counsel's attention. We will not include matters to which there has been no agreement without explicitly advising other counsel in writing of the addition.

8. We will not falsely hold out the possibility of settlement to obtain unfair advantage.

20. We will not engage in any conduct during a deposition that would not be appropriate in the presence of a judge.

24. We will respond to document requests reasonably and not strain to interpret requests in an artificially restrictive manner to avoid disclosure of relevant and non-privileged documents.

28. When a draft order is to be prepared by counsel to reflect a court ruling, we will draft an order that accurately and completely reflects the court's ruling.

29. We will not ascribe a position to another counsel that counsel has not taken.

Courts' Duties to Lawyers

1. We will be courteous, respectful, . We will maintain control of the proceedings

2. We will not employ hostile, demeaning, or humiliating words in opinions or in written or oral communications

8. We recognize that a lawyer has a right and a duty to present a cause fully and properly, and that a litigant has a right to a fair and impartial hearing. Within the practical limits of time, we will allow lawyers to present proper arguments and to make a complete and accurate record.

11. We will not adopt procedures that needlessly increase litigation expense.

Judges' Duties to Each Other

1. We will be courteous in opinions, ever mindful that a position articulated by another judge is the result of that judge's earnest effort to interpret the law.

2. We will abstain from disparaging personal remarks or criticisms, or sarcastic or demeaning comments about another judge.

Lawyers' Duties to the Court

6. We will not write letters to the court in connection with a pending action, unless invited or permitted by the court. "