Board certification: the view from the bench ... and beyond.

• Author: Maxwell, III, George W.

All rise, this circuit court in and for ... is now in session." You've just settled down to begin a trial in a hotly contested domestic case. Although you've had several early morning "emergency" hearings, your spirits are good; it was a beautiful drive to work, and thus far, everything and everyone has been pleasant.

In short, it has been a good day. When, suddenly, counsel A begins with "Counsel B hasn't done anything she was supposed to do under the rules, no discovery, no disclosure, no cooperation or coordination with any office, and she instructed her client not to answer any of the attorney's `stupid' questions in the deposition, Judge!" To which Counsel B responds, "You know that's not true, you bigot, you're just saying that because I destroyed you in our last case? A sinking feeling hits your judicial stomach as the nails scratch across the chalkboard and you feel your legendary patience begin to slip. Didn't these "professionals" remember that in law school we were taught never to argue with each other, but instead to address legal argument to the court? Before the gentle admonishment can leave your lips, Counsel A's client glares at his former spouse and mutters, "Why did you hire that jerk? My lawyer says she rips everyone off, especially her clients!"

While this scenario may seem exaggerated to some, judges deal with similar encounters more often than one would think. A lack of professionalism can obstruct the administration of justice and erode the confidence of participants and observers. And it doesn't happen just in the domestic arena. Assistant state attorneys, private counsel, public defenders, corporate counsel, plaintiff's and defendant's counsel of all stripes, even title researchers, have been guilty of lapses in professional conduct from time to time.

How does the bench view these behaviors? It varies from judge to judge; however, the consensus is that a better trained attorney is more professional. Minimum standards of mandatory CLE have been de rigueur for many years now, yet the anecdotal conventional wisdom is that civil behavior in the courtroom is on the decline.

Despite this view, there appears to be a bright spot. And that, colleagues agree, is the exemplary behavior exhibited throughout the profession by those who have made the effort to become board certified. Board certification leads to a higher level of professionalism.

The ideal of professionalism is composed of many elements. Among these are knowledge...