El Paso County Bar Association Standards of Professional Courtesy
| Publication year | 1989 |
| Pages | 213 |
1989, February, Pg. 213. El Paso County Bar Association Standards of Professional Courtesy
The NeedAnd do as adversaries do in law---Strive mightily, but eat and drink as friends.---SHAKESPEARE, Taming of the Shrew, I, 2.
Oliver Wendell Holmes' division of able lawyers into kitchen knives, razors and stings four decades ago emphasizes both the desirable cutting edges of zealous advocacy of a client's cause and the undesirable cutting edge of over-zealous posturing.(fn1) Today, overly combative legal styles fighting for the fight's sake and rude and unprofessional behavior are being scrutinized by bar associations and the courts. The wolverine approach to the practice of law under the guise of aggressive representation in domestic relations practice has resulted in a call for a code of civility in the Denver metropolitan area courts and a call statewide for greater civility by all lawyers.(fn2) The courts and individual lawyers have decried lawyers' refusal to cooperate in settling matters and in facilitating discovery as well as their making of personal derogatory comments at depositions and in open court toward opposing counsel, opposing parties and even to the court itself.(fn3)
In recent years, the Fourth Judicial District, which includes El Paso and Teller Counties, has experienced phenomenal growth.(fn4) In light of the influx of new practicing attorneys and the reduced personal contact available to members, El Paso County Bar Association leaders felt standards for discretionary behavior should be established. Such standards would fulfill one of the objects of the bar association's bylaws---to enhance the practice of law within its geographical jurisdiction.
Of concern to the bar leadership were examples both locally and throughout Colorado of lawyers who felt and acted as if they were above the law and acts by some who did not even seem to have a passing familiarity with the Code of Professional Responsibility and policies of the courts. Rules of the local bar-sponsored library were being ignored. Instances of lawyers not living up to their word and never returning telephone calls, much less returning them in a timely fashion, were well documented. Verbal abuse of over-worked court clerks by lawyers and law office employees was noted. Harassment, delay, discovery abuse and misusing the shield of procedural rules were also major areas of concern. Subjects believed to require guidelines were punctuality, scheduling and preparedness, as well as courtroom demeanor, dress and interruptions during oral presentations.
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