NOVEMBER WAS LOADED with professionalism issues. On Nov. 16, 2001, nearly one-third of the active Bar members in New Hampshire gathered together at 11 different venues to celebrate our professionalism. Only two days later, on Nov. 18, 2001, an episode of the television show "The Practice" highlighted the challenges we face as attorneys by presenting a difficult ethical issue: Does a lawyer’s obligation to preserve the client’s confidences trump the possibility of saving a young boy’s life?

In addition, on Nov. 20, 2001, the Illinois Supreme Court announced the creation of a special committee on lawyer civility. In its press release the court noted, "Anecdotal and other evidence suggests that lawyers increasingly are becoming more rude to each other and their adversaries’ clients, putting aside the politeness and civility that once was considered a hallmark of the profession." The CNN streamer that night spoke of Illinois’ effort to curb "mean" lawyers. While public cynicism and resentment toward our profession is nothing new, and has existed for centuries, we must never cease attempting to improve our image and ourselves.

While the results are still coming in from the discussions on Professionalism Day as this issue of Bar News goes to press, it is clear that the program has prompted many to ask "What do we do?" We can certainly all make at least two resolutions: One, that litigation will not be a "trial by ordeal" that incorporates abusive discovery or other pretrial activities calculated mainly to make life miserable for the other side, and secondly, that transactional negotiations will not be "ice hockey in business suits."

Perhaps we can also resolve the following: If another lawyer sends us what we feel is an unreasonable or unjustified communication – be it a motion, interrogatories or a nasty letter – we will resist the temptation to respond in like fashion, and instead will pick up the telephone. It may be a difficult call, but it can be the most rewarding thing done in the course of an adversarial matter.

We are still a small enough state and Bar that today you may be adversaries with the other attorney, but tomorrow you may well be working together on a case or Bar activities. Keeping that in mind will make your professional life, and that of others, more satisfying.

Finally, if you observe another lawyer conducting herself or himself in an outstanding way when faced with an ethical or professionalism issue, let that person, and us, know. We need to accentuate the 99.9 percent positive interactions among lawyers, judges and clients, and not let the other 0.1 percent grab all the ink.

To those who participated in Professionalism Day, particularly Professionalism Committee members and volunteer facilitators, and the judges and court clerks who helped make it happen, my deepest thanks. To those who did not, we hope to see you next time.

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