D.C. 澳博app协会《澳博app下载网》

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Preamble

礼貌的职业行为是每一位澳博app的责任. 而澳博app有义务热情地代表客户, 我们还必须铭记我们对司法的义务. Incivility to opposing counsel, adverse parties, judges, court personnel, 其他参与法律程序的人贬低了法律职业, undermines the administration of justice, and diminishes respect for both the legal process and the results of our system of justice.

Our judicial system is a truth-seeking process designed to resolve human and societal problems in a rational, peacefully, and efficient manner and designed to be perceived as producing fair and just results. We must be careful to avoid actions or statements that undermine the system or the public's confidence in it.

The organized bar and the judiciary, in partnership with each other, have a responsibility to promote civility in the practice of law and the administration of justice. Uncivil conduct of lawyers or judges impedes the fundamental goal of resolving disputes rationally, peacefully and efficiently. 这种行为可能拖延或否定正义，削弱对法律的尊重, 什么是我们社会和职业的基石.

Civility and professionalism are hallmarks of a learned profession dedicated to public service. These standards are designed to encourage us, as lawyers and judges, 履行我们文明和专业的义务, to each other, to litigants, and to the system of justice. 目标是确保澳博app和法官在任何时候都能表现良好, in both litigated and nonlitigated matters, 以个人的礼貌和专业精神在这些术语中发挥最大的作用.

虽然这些标准是自愿性的，并不是环境署的本意.C. 澳博app公会理事会不得作为诉讼或制裁的依据, we expect that lawyers and judges in the District of Columbia will make a commitment to adhere to these standards in all aspects of their dealings with one another and with other participants in the legal process.

Finally, we believe these standards should be incorporated as an integral component of the teaching of professionalism to law students and practicing lawyers alike. We therefore believe that it is important for law schools in our community to incorporate these standards in their curricula and for the District of Columbia Bar, the voluntary bar associations, law firms, government agencies, and other legal institutions in our community to teach and promote these standards as part of their continuing legal education programs.

Adopted by the D.C. Bar Board of Governors
June 18, 1996; Amended March 11, 1997

 

Principles of General Applicability: Lawyers' Duties to Other Counsel, Parties and the Judiciary

General Principles

  1. 履行我们的专业职责, 我们将在法律程序中对待所有参与者, including counsel and their staff, parties, witnesses, judges, and court personnel, in a civil, professional, and courteous manner, at all times and in all communications, whether oral or written. 我们将避免采取行动或表现出种族歧视, gender, 或对任何法律程序参与者的其他偏见或偏见. 我们将尊重法律程序中的所有参与者.
  2. 除非是在诉状或正式诉讼中正当辩论的范围内, we will not reflect in our conduct, attitude, or demeanor our clients' ill feelings, if any, toward other participants in the legal process.
  3. We will not, even if called upon by a client to do so, engage in offensive conduct directed toward other participants in the legal process nor will we abuse other such participants in the legal process. 除非是在诉状或正式诉讼中正当辩论的范围内, we will abstain from disparaging personal remarks or acrimony toward such participants and treat adverse witnesses and parties with fair consideration. We will encourage our clients to act civilly and respectfully to all participants in the legal process.
  4. We will not encourage or authorize any person under our control to engage in conduct that would be inappropriate under these standards if we were to engage in such conduct.
  5. We will not bring the profession into disrepute by making unfounded accusations of impropriety or making ad hominem attacks on counsel, and, absent good cause, 我们不会将不良动机或不当行为归咎于其他澳博app.
  6. While we owe our highest loyalty to our clients, we will discharge that obligation in the framework of the judicial system in which we apply our learning, skill, 并按照行业专业规范办事. In this context, we will strive for orderly, efficient, ethical, fair, 并公正处理诉讼以及不存在争议的事项, or not yet, the subject of litigation, and for the efficient, ethical, 公平谈判和完成商业交易.
  7. 上述一般原则适用于法律诉讼的所有方面, 在场的:在法庭或法庭在场或不在场的.

Scheduling Matters

  1. We will endeavor to schedule dates for trials, hearings, depositions, meetings, negotiations, conferences, vacations, seminars, and other functions to avoid creating calendar conflicts for other participants in the legal process, 前提是我们客户的利益不会受到不利影响.
  2. We will notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences need to be canceled or postponed. Early notice avoids unnecessary travel and expense and may enable the court and the other participants in the legal process to use the previously reserved time for other matters.
  3. We will agree to reasonable requests for extensions of time and for waiver of procedural formalities 前提是我们客户的利益不会受到不利影响.
  4. 我们不会为了不合理的延误而要求延长时间.

特别适用于诉讼的原则

Procedural Agreements

  1. We will confer with opposing counsel about procedural issues that arise during the course of litigation, such as requests for extensions of time, discovery matters, pretrial matters, and the scheduling of meetings, depositions, hearings, and trial. We will seek to resolve by agreement such procedural issues that do not require court order. For those that do, we will seek to reach agreement with opposing counsel before presenting the matter to court.
  2. We accept primary responsibility, after consultation with the client, 就程序性协议作出决定. We will explain to our clients that cooperation between counsel in such matters is the professional norm and may be in the client's interest. We will explain the nature of the matter at issue in any such proposed agreements and explain how such agreements do not compromise the client's interests.

Discovery

  1. 我们不会使用任何形式的发现或发现调度骚扰, unjustified delay, to increase litigation expenses, or any other improper purpose.
  2. We will make good faith efforts to resolve by agreement any disputes with respect to matters contained in pleadings and discovery requests and objections.
  3. We will not engage in any conduct during a deposition that would not be appropriate if a judge were present. Accordingly, we will not obstruct questioning during a deposition or object to deposition questions, unless permitted by the applicable rules to preserve an objection or privilege and we will ask only those questions we reasonably believe are appropriate in discovery under the applicable rules.
  4. We will carefully craft document production requests so they are limited to those documents we reasonably believe are appropriate under the applicable rules. We will not design production requests for the purpose of placing an undue burden or expense on a party.
  5. We will respond to document requests reasonably. We will not interpret the request in an artificially restrictive manner to avoid disclosure of relevant and non-privileged documents. We will not produce documents in a manner designed to hide or obscure the existence of particular documents.
  6. We will carefully craft interrogatories so they are limited to those matters we reasonably believe are appropriate under the applicable rules, and we will not design them for the purpose of placing an undue burden or expense on a party.
  7. We will respond to interrogatories reasonably. We will not interpret interrogatories in an artificially restrictive manner to avoid disclosure of relevant and non-privileged information.
  8. 我们将基于对证据发现价值的真诚信念提出反对. We will not object solely for the purpose of withholding or delaying the disclosure of properly discoverable information.
  9. During discovery, 我们不会与对方澳博app进行激烈的对话或交流, parties, or witnesses. We will advise our clients to conduct themselves in accordance with these provisions. We will not engage in undignified or discourteous conduct which degrades the legal proceeding.

Sanctions

  1. We will not seek court sanctions or disqualification of counsel unless reasonably justified by the circumstances after conducting a reasonable investigation, 包括试图与对方澳博app协商吗.

Lawyers' Duties to the Court

  1. We recognize that the public's perception of our system of justice is influenced by the relationship between lawyers and judges, and that judges perform a symbolic role. At the same time, lawyers have the right and, at times, 对法官及其裁决持批评态度的义务. 因此，在与法院的所有沟通中，我们将以文明的方式说话和写作. In expressing criticism of the court, we shall seek to use language that minimizes disrespect for courts and the system of justice.
  2. We will not engage in conduct that offends the dignity and decorum of judicial proceedings, brings disorder or disruption to the courtroom, or undermines the image of the legal profession.
  3. We will advise clients and witnesses to act civilly and respectfully toward the court, educate them about proper courtroom decorum, and, to the best of our ability, 防止他们在法庭上制造混乱或破坏.
  4. We will not knowingly misrepresent, mischaracterize, misquote, or miscite facts or authorities.
  5. We will not degrade the intelligence, ethics, morals, integrity, or personal behavior of others, 除非该等事项在诉讼中有合法争议.
  6. 我们将对法官的工作人员彬彬有礼, the courtroom staff, 和其他法庭人员意识到他们, too, are an integral part of the judicial system. We will also advise clients and witnesses to act civilly and respectfully toward these participants in the legal process.
  7. We recognize that judicial resources are scarce, that court dockets are crowded, and that justice is undermined when cases are delayed and/or disputes remain unresolved. Therefore, we will be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice.
  8. We recognize that tardiness and neglect show disrespect to the court and the judicial system. Therefore, 我们会准时出席并准备好所有的庭审以便所有的听证会, conferences, 审判可能会按时开始并有效地进行. We will also educate clients and witnesses concerning the need to be punctual and prepared. 如果延误，我们将及时通知法院和澳博app，如果可能的话.
  9. Before dates for hearings or trials are set, or, if that is not feasible, immediately after such a date has been set, we will attempt to verify the availability of necessary participants and witnesses so we can promptly notify the court of any likely problems.
  10. We will avoid ex parte communications with the court, including the judge's staff, on pending matters in person (whether in social, professional, or other contexts), by telephone, 在信件和其他形式的书面交流中, unless such communications relate solely to scheduling or other non-substantive administrative matters, or are made with the consent of all parties, 或由法律或法院规则明确授权.

Judges' Duties to Lawyers

  1. 我们将对澳博app、当事人和证人保持礼貌、尊重和文明. We will maintain control of the proceedings, recognizing that judges have both the obligation and the authority to ensure that judicial proceedings are conducted with dignity, decorum, and courtesy.
  2. We will not employ hostile, demeaning, 或者在意见或与澳博app的书面或口头交流中使用侮辱性的语言, parties, or witnesses.
  3. We will be punctual in convening hearings, meetings, and conferences; if delayed, we will notify counsel as promptly as possible.
  4. In scheduling hearings, meetings, and conferences, 我们会考虑澳博app的时间安排, parties, and witnesses and of other courts and tribunals. 如有任何改期，我们将及时通知澳博app, postponement, or cancellation of hearings, meetings, or conferences.
  5. 同时努力有效地解决纠纷, we will be considerate of the time constraints and pressures imposed on lawyers by the exigencies of litigation practice. We will make all reasonable efforts promptly to decide matters presented to us for decision.
  6. We recognize that a lawyer has a right and duty to present a cause fully and properly, 诉讼当事人有权获得公平公正的听证. Within the practical limits of time, 我们将允许澳博app提出适当的论点, to make a complete and accurate record, 提出案件时不受不合理或不必要的司法干扰.
  7. We will not impugn the integrity or professionalism of any lawyer on the basis of the clients whom or the causes which a lawyer represents.
  8. 努力做到法院工作人员对澳博app文明, parties, and witnesses.
  9. 在适当的时间，以适当的方式, we will bring to a lawyer's attention to conduct we observe that is inconsistent with these standards.

Judges' Duties to Each Other

  1. 我们将以礼貌和尊重的态度对待其他法官.
  2. In written opinions and oral remarks, we will refrain from personally attacking, disparaging, or demeaning other judges.
  3. We will endeavor to work cooperatively with other judges with respect to the availability of lawyers, witnesses, parties, and court resources.

D.C. 澳博app协会自愿的文明标准:适用于陈述的原则

Principles Particularly Applicable to Representations Involving Business Transactions and Other Negotiations

  1. We will not knowingly misrepresent or mischaracterize facts or authorities or affirmatively mislead another party or its counsel in negotiations.
  2. We will not engage in personal vilification or other abusive or discourteous conduct in negotiations. We will not engage in acrimonious exchanges with opposing counsel or parties at the negotiating table. We will encourage our clients to conduct themselves in accordance with these principles.
  3. We will honor all understandings with, and commitments we have made to, other attorneys. We will stand by proposals we have made in negotiations unless newly received information or unforeseen circumstances provide a good faith basis for rescinding them, and we will encourage our clients to conduct themselves in accordance with this principle.
  4. We will not make changes to written documents under negotiation in a manner calculated to cause the opposing party or counsel to overlook or fail to appreciate the changes. We will clearly and accurately identify for other counsel and parties all changes that we have made in documents submitted to us for review.
  5. 在纪念各方达成的口头协议时, we will do so without making changes in substance and will strive in good faith to state the oral understandings accurately and completely. 根据意向书起草拟议的协议, we will strive to draft documents that fairly reflect the agreements of the parties.
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