Defining Professionalism and Why it Matters

Publication year2015
Pages91
44 Colo.Law. 91
Defining Professionalism and Why It Matters
Vol. 44, No. 11 [Page 91]
The Colorado Lawyer
November, 2015

Departments

CBA/DBA Professionalism Coordinating Council

Defining Professionalism and Why It Matters

By Robert D. Hawthorne, Aaron B. Goldman.

Articles in this Department are sponsored by the Professionalism Coordinating Council of the Colorado and Denver Bar Associations, and are scheduled to publish quarterly. The coordinating editor is Peter B. Goldstein, Gubbels Law Office, P.C., Castle Rock— (303) 688-1655, peter@gubbelslaw.com. Readers may contact him with topic ideas or to submit a manuscript for consideration.

What is professionalism? Attorneys know it when they see it, and they certainly recognize a lack of professionalism when they encounter it. But what does the term actually mean? Most attorneys are aware that the term "professionalism" is broader in scope than the ethical obligations prescribed by the Colorado Rules of Professional Conduct. However, they may be hard-pressed to define professionalism. When asked to do so, they are likely to reel off a nonexclusive list of traits expected of attorneys, such as being courteous and compassionate, knowledgeable in the law, honest with clients and candid with the court, and loyal to clients and a guardian of their confidential communications. As admirable as such traits are, a mere enumeration of them does not alone define professionalism. The CBA/DBA Joint Professionalism Coordinating Council (PCC) thus set out to craft and adopt a succinct definition of professionalism that would benefit all attorneys in Colorado. This article introduces the PCC's definition and explains why it matters to Colorado attorneys.

Purpose of the Definition

All attorneys can turn to the Colorado Rules of Professional Conduct, Formal Ethics Opinions,[1] and disciplinary case law to determine whether their behavior is ethical. However, the PCC recognized that professional behavior is broader in scope than ethical behavior, and there are many circumstances in which an attorney can avoid violating the Colorado Rules of Professional Conduct yet still act unprofessionally.

The PCC's formal definition of professionalism promotes a common understanding of what professionalism is and provides all attorneys with a shared barometer for assessing their own conduct. A common understanding of the term is a necessary step toward promoting professionalism and civility in the practice of law. Hopefully, this common understanding and shared barometer will raise the standard by which all attorneys practice law. In turn, we will further advance the interests of the public, the courts, and our profession.

The Definition of Professionalism

The PCC adopted the following definition of professionalism:

Professionalism is conduct reflecting the values embodied in the Colorado Attorney Oath of Admission, the Colorado Principles of Professionalism, and the Colorado Rules of Professional Conduct. These values require attorneys always to act competently, civilly, and with integrity and...

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