Page 10 - Delaware Lawyer - Issue 2 - 2024

FEATURE | GUIDEPOSTS FOR ‘THE DELAWARE WAY’
Although professionalism and colle- giality are the defining characteristics of the Delaware Way, Delaware certainly did not invent them out of whole cloth. Nor were we the first to develop a code of professionalism; indeed, many states have adopted similar codes.2 But Dela- ware’s Principles feel somehow different. More than just words on a page, they are an outline of what to expect from a Delaware lawyer: integrity, compassion, learning, civility, diligence and public service. These are the standards to which we hold ourselves as Delaware lawyers.
The Principles also encourage Dela- ware lawyers to provide a copy of the Principles to out-of-state lawyers who will be admitted pro hac vice in a Delaware proceeding — because the Delaware Way
is broad enough to extend to those who will practice among our ranks even for a limited time and in a limited capacity. We welcome them into our community but want them to understand that we expect them to rise to the same high standards to which we hold ourselves.
Most of all, the Principles provide guideposts to recall and reaffirm the Delaware Way. They inform newer law- yers of what the Bar expects of them and refresh the recollections of more sea- soned lawyers who may have forgotten how special membership in our Bar is. So while the Delaware Way may be dif- ficult to explain to those who have not experienced it firsthand, understanding and embracing the Principles is a good jumping-off point.
2. COMPASSION. Compassion re- quires respect for the personal dignity of all persons. In that connection, a lawyer should treat all persons, includ- ing adverse lawyers and parties, fairly and equitably and refrain from acting upon or manifesting racial, gender or other bias or prejudice toward any participant in the legal process.
3. LEARNING. A lawyer’s commit- ment to learning involves academic study in the law followed by continual individual research and investigation in those fields in which the lawyer of- fers legal services to the public.
4. CIVILITY. Professional civility is conduct that shows respect not only for the courts and colleagues, but also for all people encountered in prac- tice. Respect requires promptness in meeting appointments, consideration of the schedules and commitments of others, adherence to commitments whether made orally or in writing, promptness in returning telephone calls and responding to communi-
cations, and avoidance of verbal in- temperance and personal attacks. A lawyer should not communicate with a Court* concerning pending or pro- spective litigation without reasonable notice whenever possible to all af- fected parties. Respect for the Court requires careful preparation of matters to be presented; clear, succinct, and candid oral and written communica- tions; acceptance of rulings of the Court, subject to appropriate review; emotional self-control; the absence of scorn and superiority in words or de- meanor; obser vance of local practice and custom as to the manner of ad- dressing the Court; and appropriate dress in all Court proceedings. A law- yer should represent a client with vig- or, dedication and commitment. Such representation, however, does not jus- tify conduct that unnecessarily delays matters, or is abusive, rude or disre- spectful. A lawyer should recognize that such conduct may be detrimental to a client’s interests and contrary to
the administration of justice.
5. DILIGENCE. A lawyer should expend the time, effort, and energy required to master the facts and law presented by each professional task. 6. PUBLIC SERVICE. A lawyer should assist and substantially participate in civic, educational and charitable or- ganizations. A lawyer should render substantial professional services on a charitable, or pro bono publico, basis on behalf of those persons who can- not afford adequate legal assistance.
B.CONDUCT OF LITIGATION. In dealing with opposing counsel, adverse parties, judges, court person- nel and other participants in the le- gal process, a lawyer should strive to make our system of justice work fairly and efficiently. A lawyer should avoid conduct that undermines the judicial system or the public’s confidence in it, as a truth seeking process for resolving disputes in a rational, amicable and ef-
ficient way.
*As used in these Principles, “Court” includes not only state and federal courts, but also other tribunals performing an adjudicatory function including administrative hearing panels and boards as well as arbitration tribunals.
8 DELAWARE LAWYER ISSUE 2 2024