NOVEMBER 16, 2001, has been designated as a "Statewide Professionalism Day" for the legal profession in New Hampshire. In every Superior courthouse on that morning, a special CLE program organized by the Bar’s Professionalism Committee will be held to discuss issues of professionalism in daily practice.

Forming a foundation for that effort is an aspirational statement, "The New Hampshire Lawyer Professionalism Creed," (published below) and a definition of professionalism, both developed by the NHBA Professionalism Committee and approved earlier this spring by the NHBA Board of Governors. The Creed contains statements of behavior to which all NH attorneys should aspire and is aimed at promoting and improving professionalism and the just and efficient delivery of legal services in this state.

The Professionalism Committee was established as an outgrowth of the Conclave on Professionalism in 1999, in order to define professionalism, identify the impediments to professional behavior and offer solutions to these impediments. The committee developed the Creed over the course of many months with input from all of its members, including members of the criminal and civil trial bar, as well as judges and transactional lawyers.

One challenge in developing the Creed was to identify and reconcile the tension between promoting the administration of justice by honest, open and civil behavior while not violating the client’s right to zealous representation. Another debate concerned whether attorneys can go beyond mere legal analysis to consider the broader societal and policy implications of their actions in representing clients. There was no disagreement among committee members that an attorney should at all times keep his or her word, be respectful and civil, and, above all, be a "wise counselor, who endeavors to solve problems rather than merely winning the case."

The committee believes that New Hampshire attorneys must be honest, competent and civil in providing prompt, cost-efficient and independent counsel to their clients. Ethical conduct is a minimum standard demanded of every lawyer, whereas professional conduct is a standard to which every lawyer aspires. The Creed provides a road map on how to achieve this high level of professionalism that we have come to expect in the practice of law in New Hampshire.

New Hampshire lawyers are the custodians of the "rule of law," responsible for the maintenance and improvement of just and efficient legal institutions. In addition to the obligation to adhere to the Rules of Professional Conduct, they must be honest, competent, civil and ethical in providing prompt, cost-effective and independent counsel to their clients. As such, New Hampshire lawyers aspire to the following:

FIRST, a New Hampshire lawyer strives to improve the profession and promote the democratic rule of law. A New Hampshire lawyer:

• embraces the profession as a higher calling;
• promotes the integrity of the legal profession;
• is aware of his or her responsibility to the system of justice as an officer of the court and is an integral part of the administration of justice;
• works to improve and strengthen the profession through mentoring, teaching and other public service activities.

SECOND, a New Hampshire lawyer is competent in the area of his or her own practice, but is also sufficiently knowledgeable in other areas of practice to be able to assist clients in obtaining appropriate representation in those areas. A New Hampshire lawyer:

• is learned in the law;
• possesses the appropriate amount of knowledge, skill and expertise to competently represent the client;
• offers the client thoughtful, lawful and practical advice;
• is committed to providing cost-effective, efficient legal services;
• is willing to refer the client to other competent counsel, when necessary.

THIRD, a New Hampshire lawyer is civil. Civility and self-discipline prevent lawsuits from turning into combat and keep organized society from falling apart. A New Hampshire lawyer:

• behaves in a courteous, decent and disciplined manner, and counsels clients to do likewise;
• displays respect for clients, judges, court staff, opposing counsel and all participants in the process;
• behaves with humility rather than arrogance;
• understands differing viewpoints and has empathy for others.

FOURTH, a New Hampshire lawyer is reliable, responsible and committed. A New Hampshire lawyer:

• cares deeply about both the interests of the client and of the legal system;
• keeps promises, because one’s word is one’s bond;
• tempers zealousness on behalf of the client with his or her role and responsibility as an officer of the court.

FIFTH, a New Hampshire lawyer is honest and forthright. Lack of candor impedes justice and degrades the profession, and lying has no place in the practice of law. A New Hampshire lawyer:

• displays candor with the client, the court and all others;
• does not mislead the client, the court or others.

SIXTH, a New Hampshire lawyer exercises independent critical judgment, and is willing to accept responsibility for his or her actions, decisions or counsel. A New Hampshire lawyer:

• exercises common sense and independent judgment;
• is not a mere technician or hired gun, but a wise counselor;
• endeavors to solve problems rather than merely winning;
• knows when it is time to take a stand and when it is time to compromise;
• considers the broader societal implications of his or her actions;
• is willing to challenge the client’s wishes or motives when such wishes or motives are not in the best interest of the client or are detrimental to the administration of justice.

SEVENTH, a New Hampshire lawyer has a social conscience and is dedicated to serve the public and society. A New Hampshire lawyer is willing to take up an unpopular cause or to engage in pro bono work, even when it is unpleasant or costly. A New Hampshire lawyer:

• serves his or her community as a volunteer leader;
• sees the practice of law first and foremost as a profession, and secondarily as a business;
• recognizes and resists business pressures which interfere with sound professional judgment;
• provides or supports legal services to those in need, at no cost or reduced cost.

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