ON FEB. 14, 2003, New Hampshire lawyers convened in their respective courthouses in every county across the state to discuss professionalism during the New Hampshire Bar Association’s Statewide Professionalism Day. The attendees had the opportunity to view videotaped scenarios reflecting attorney conduct that prompted extensive discussion regarding identifying and defining unprofessional conduct, responding to such conduct by others, and taking steps to promote professionalism among members of the Bar, beginning with themselves.

The initial question, that of identifying unprofessional conduct, may seem simple. Of course, some circumstances shout inappropriate behavior, as the Professionalism Day video scenarios revealed: the attorney defending his client’s deposition who objects to the most basic and relevant questions simply for the purpose of obstructing the proceedings, or counsel who leaves a voicemail message in anger, using profanity and degrading another member of the Bar. There are times, however, when an attorney’s behavior is not so blatantly improper or egregious, and it is those circumstances with which we are most often faced. It may be the pompous and condescending behavior of opposing counsel towards you or your client, or the overly-aggressive letter or telephone call from counsel making unrealistic demands or threatening unwarranted actions. On occasion, we may witness another attorney’s inappropriate conduct towards court personnel or office staff. It is in these situations where we, as individual members of the Bar, can make efforts to curb such poor behaviors by addressing them directly, with the offender, when they occur.

It is certainly easier to avoid this uncomfortable task by chalking up an attorney’s bad behavior to zealous advocacy or by citing prior instances of poor behavior by opposing counsel to justify similar conduct. Unfortunately, it is this type of rationalization that permits attorneys to continue to engage in such conduct and prevents others from calling them on it. It is important for all of us to be willing to acknowledge such behaviors in ourselves, as well as others – and to make efforts to limit unprofessionalism throughout the Bar.

It is also significant to recognize that our commitment to professionalism does not end with our interactions with counsel, clients and the courts. Rather, it extends into every aspect of the community in which we, as attorneys, may find ourselves – whether it be coaching the local Little League team, volunteering with various non-profit groups or assuming leadership roles in community organizations. Community involvement is an important element of professionalism too often overlooked because of hectic schedules, job responsibilities or other "more important" commitments. Yet, the return we receive in pursuing such public service is immeasurable. Not only do these types of activities provide us with rewarding and gratifying experiences, but they also reflect positively on the legal profession as a whole and, more particularly, the members of this Bar. (See related item on page 13.)

Improving professionalism among attorneys and addressing the public’s poor perception of lawyers are certainly not new concepts. The American Bar Association has issued several significant reports discussing the decline of professionalism among American lawyers, including the Stanley Commission Report in 1986, the MacCrate Commission Report in 1993, and the ABA Professionalism Committee Report in 1996. The New Hampshire Bar Association established a task force on professionalism in 1989 and issued a report on the subject in November 1998.

In April 2001, the New Hampshire Bar Association Board of Governors adopted "The New Hampshire Lawyer Professionalism Creed" from which we can find guidance in our daily interactions:

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

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.

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

Fourth, a New Hampshire lawyer is reliable, responsible and committed.

Fifth, a New Hampshire lawyer is honest and forthright. Lack of candor impedes justice and degrades the profession, and ly ing has no place in the practice of law.

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

Seventh, a New Hampshire lawyer has a social conscience and is dedicated to serving 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.

In addition to the Professionalism Creed, New Hampshire litigators also have the added guidance of the New Hampshire Bar Association Litigation Guidelines, adopted by the Board of Governors in December 1999 and most recently published in the December 2002 issue of New Hampshire Bar Journal, Vol. 43, No. 4. (Litigation Guidelines also are posted under NH Practice Guidelines.) Although the Litigation Guidelines provide more specific recommendations on attorney conduct regarding communication with adversaries and the court, discovery, motions practice, settlement and trial, all attorneys are left to exercise their own judgment in their daily interactions.

Professionalism Day provided members of the Bar with the opportunity to step back and consider how each of us can individually promote professionalism by exercising proper judgment in recognizing and addressing our own poor behaviors, as well as those of others. At the end of Professionalism Day in Hillsborough County – North, attendees were asked to make personal commitments to improve professionalism over the next year and submitted them anonymously to the Committee on Professionalism. Some of those commitments were:

• to recognize uncivil/unprofessional behavior in myself, be willing to apologize and correct it;
• to become more involved in community matters;
• to be more responsive to my clients’ needs beyond an aggressive advocate;
• to acknowledge other’s professional behavior;
• to participate in volunteer mentoring;
• to elevate personal and professional conduct above the end result of the case;
• to perform more pro bono work;
• to treat all colleagues, clients and court personnel with respect;
• to become more involved in Bar Association functions;
• to spend more time with family – better balance results in better lawyering;
• to use lawyer-acquired skills to assist the public;
• to take the high road when faced with inappropriate conduct by others;
• to treat others as I wish to be treated.

These commitments provide some suggested methods by which all of us can raise the level of professionalism across the Bar, one individual at a time. If you have not done so already, consider making your own personal commitment to promote professionalism and further enhance the practice of law within the NH Bar.

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