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Bar News - November 9, 2001 What Can One Person Do to Promote Professionalism? By: Margaret-Ann Moran ON NOV. 16, 2001, we will be celebrating Statewide Professionalism Day. As hopefully everyone knows by now, lawyers and judges will come together on that day in each county to discuss what professionalism is, identify the professionalism issues that we encounter each day and talk about what we each can do – whether individual attorney, judge or court personnel – to promote professionalism in NH. A few years ago, I participated in the Bar Association Conclave on Professionalism. It was a very worthwhile, thought-provoking Saturday. I remember that at that conclave we were each asked to put in writing something we could or would do to promote professionalism. The suggestions were made anonymously and later compiled and shared with the participants. One of the suggestions was that we should bring offensive or unprofessional behavior to the attention of the offender, in private and off the record. While I agree with that suggestion, it leads me to ask, why bring up only unprofessional behavior? Why don’t we more often compliment opposing counsel when we witness behavior that exhibits professionalism? Why don’t we take the opportunity to acknowledge and praise? I know I remember those occasions when a judge has said from the bench to both counsel, in the presence of their clients and the public, "I compliment you, counsel, on a well-tried case." It takes only a minute to make the statement, but it leaves a lasting impression on counsel and their clients. It says to all that whatever the outcome of the case, these attorneys acted professionally, were prepared and competently represented their clients with civility. It is important that we recognize and commend the attributes of professionalism when they are exhibited. Of course we should expect nothing less than professional behavior from fellow attorneys, but everyone benefits from words of positive reinforcement. It is perhaps particularly important for our newer members of the Bar to hear such encouragement. The family and colleagues of Bob Kirby recognized this in establishing the Robert E. Kirby Award, which is given each year to a member of the Bar who is under 35 years of age and who, as Robert Kirby did, has demonstrated the traits of civility, courtesy, perspective and excellent advocacy. In the spirit of the award, we need to continually acknowledge candor, civility and integrity when we see it. A number of years ago, I was arguing a case at the Supreme Court, a forum in which I have seldom appeared. I was ill at ease as I waited to begin. What stands out in my mind about the day is not the argument I made, but rather opposing counsel coming over to shake hands and introduce himself before we began. I also remember, on the day the decision was rendered, returning to my office to find a phone message (before the days of voice mail!) from the other attorney that said "Congratulations." I don’t think I ever told counsel how much I appreciated and admired his courtesy. The next time it happens, I hope I will. Margaret-Ann Moran is an attorney with the former Hatfield, Moran & Barry in Hillsborough, which recently merged with Upton, Sanders & Smith. She is a member of the Professionalism Committee.
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