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TABLE OF CONTENTS

ENTIRE GUIDELINES WITH EXAMPLES

Introduction……………………………………………………………………..……………. 3

Responsibilities to the Justice System…………………………………………..…………… 4

Responsibilities to the Public and the Profession……………………………….…………… 4

Responsibilities to the Client and Client Representation………………………..…………… 4

Communications…………………………………………………………………..…………. 4

Punctuality…………………………………………………………………………..……….. 5

Scheduling, Continuances and Extensions of Time…………….……………………..……… 5

Service of Papers…………………………………………………………………….…..…… 6

Writings Submitted to the Court, Counsel or Other Parties……….………………………….. 7

Discovery.………………………………………………………...…………………  7

Motion Practice.……………………………………………………………………………....9

Dealing with Nonparty Witnesses…..…………………………………………………….…... 10

Ex Parte Communication with the Court …………………………………………………… .. 10

Settlement and Alternative Dispute Resolution……….…………………………………..….10

Conduct in Court……………………………………………………………………………… 11

Default………………………………………………………………………………….……… 12

Social Relationships with Judicial Officers, Neutrals and Court Appointed Experts….……… 12

Privacy………………………………………………………………………….……………… 12

Negotiation of Written Agreements…………………………………………………………… 13

Additional Provision for Family Law Practitioners…………………………………………… 13

Additional Provision for Criminal Law Practitioners…………………………………………. 14

Court Proceedings……………………………………………………………………………… 14

Attorney’s Pledge.……………………………………………………………………………... 15

ABBREVIATED GUIDELINES WITHOUT EXAMPLES .………….…………………… 16

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INTRODUCTION

As officers of the court with responsibilities to the administration of justice, attorneys have an

obligation to be professional with clients, other parties and counsel, the courts and the public. This

obligation includes civility, professional integrity, personal dignity, candor, diligence, respect,

courtesy, and cooperation, all of which are essential to the fair administration of justice and conflict

resolution.

These are guidelines for civility. The Guidelines are offered because civility in the practice of law

promotes both the effectiveness and the enjoyment of the practice and economical client

representation. The legal profession must strive for the highest standards of attorney behavior to

elevate and enhance our service to justice. Uncivil or unprofessional conduct not only disserves the

individual involved, it demeans the profession as a whole and our system of justice.

These voluntary Guidelines foster a level of civility and professionalism that exceed the minimum

requirements of the mandated Rules of Professional Conduct as the best practices of civility in the

practice of law in California. The Guidelines are not intended to supplant these or any other rules or

laws that govern attorney conduct. Since the Guidelines are not mandatory rules of professional

conduct, nor rules of practice, nor standards of care, they are not to be used as an independent basis

for disciplinary charges by the State Bar or claims of professional negligence.

The Guidelines are intended to complement codes of professionalism adopted by bar associations in

California. Individual attorneys are encouraged to make these guidelines their personal standards by

taking the pledge that appears at the end. The Guidelines can be applicable to all lawyers regardless

of practice area. Attorneys are encouraged to comply with both the spirit and letter of these

guidelines, recognizing that complying with these guidelines does not in any way denigrate the

attorney’s duty of zealous representation.

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The dignity, decorum and courtesy that have traditionally characterized the courts and legal

profession of civilized nations are not empty formalities. They are essential to an atmosphere that

promotes justice and to an attorney’s responsibility for the fair and impartial administration of justice.

An attorney should be mindful that, as individual circumstances permit, the goals of the profession

include improving the administration of justice and contributing time to persons and organizations

that cannot afford legal assistance.

An attorney should encourage new members of the bar to adopt these guidelines of civility and

professionalism and mentor them in applying the guidelines.

An attorney should treat clients with courtesy and respect, and represent them in a civil and

professional manner. An attorney should advise current and potential clients that it is not acceptable

for an attorney to engage in abusive behavior or other conduct unbecoming a member of the bar and

an officer of the court.

As an officer of the court, an attorney should not allow clients to prevail upon the attorney to engage

in uncivil behavior.

An attorney should not compromise the guidelines of civility and professionalism to achieve an

advantage.

An attorney’s communications about the legal system should at all times reflect civility, professional

integrity, personal dignity, and respect for the legal system. An attorney should not engage in conduct

that is unbecoming a member of the Bar and an officer of the court.

For example, in communications about the legal system and with adversaries:

and criminal justice systems.

criticism made in public or private discussions for the purpose of improving the legal

system or profession.

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of the court or other counsel, parties or participants when those characteristics are not

at issue.

characteristics.

while representing a party in a pending matter.

opposing counsel a position not taken.

economy, including agreeing to a waiver of procedural formalities where appropriate.

Nothing above shall be construed as discouraging the reporting of conduct that fails to comply with

the Rules of Professional Conduct.

An attorney should be punctual in appearing at trials, hearings, meetings, depositions and other

scheduled appearances.

For example:

An attorney should advise clients that civility and courtesy in scheduling meetings, hearings and

discovery are expected as professional conduct.

For example:

a.

An attorney should consider the scheduling interests of the court, other counsel or

party, and other participants, should schedule by agreement whenever possible, and

should send formal notice after agreement is reached.

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b.

An attorney should not arbitrarily or unreasonably withhold consent to a request for

scheduling accommodations or engage in delay tactics.

c.

An attorney should promptly notify the court and other counsel of problems with key

participants’ availability.

d.

An attorney should promptly notify other counsel and, if appropriate, the court, when

scheduled meetings, hearings or depositions must be cancelled or rescheduled, and

provide alternate dates when possible.

In considering requests for an extension of time, an attorney should consider the client’s interests and

need to promptly resolve matters, the schedules and willingness of others to grant reciprocal

extensions, the time needed for a task, and other relevant factors.

Consistent with existing law and court orders, an attorney should agree to reasonable requests for

extensions of time that are not adverse to a client’s interests.

For example:

a.

Unless time is of the essence, an attorney should agree to an extension without

requiring motions or other formalities, regardless of whether the requesting counsel

previously refused to grant an extension.

b.

An attorney should agree to an appropriate continuance when new counsel substitutes

in.

c.

An attorney should advise clients that failing to agree with reasonable requests for

time extensions is inappropriate.

d.

An attorney should not use extensions or continuances for harassment or to extend

litigation.

e.

An attorney should place conditions on an agreement to an extension only if they are

fair and essential or if the attorney is entitled to impose them, for instance to preserve

rights or seek reciprocal scheduling concessions.

f.

If an attorney intends that a request for or agreement to an extension shall cut off a

party’s substantive rights or procedural options, the attorney should disclose that intent

at the time of the request or agreement.

SECTION 7

SERVICE OF PAPERS

The timing and manner of service of papers should not be used to the disadvantage of the party

receiving the papers.

For example:

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a.

An attorney should serve papers on the attorney who is responsible for the matter at

his or her principal place of work.

b.

If possible, papers should be served upon counsel at a time agreed upon in advance.

c.

When serving papers, an attorney should allow sufficient time for opposing counsel to

prepare for a court appearance or to respond to the papers.

d.

An attorney should not serve papers to take advantage of an opponent’s absence or to

inconvenience the opponent, for instance by serving papers late on Friday afternoon or

the day preceding a holiday.

e.

When it is likely that service by mail will prejudice an opposing party, an attorney

should serve the papers by other permissible means.

SECTION 8

WRITINGS SUBMITTED TO THE COURT, COUNSEL OR OTHER PARTIES

Written materials directed to counsel, third parties or a court should be factual and concise and

focused on the issue to be decided.

For example:

a.

An attorney should not make ad hominem attacks on opposing counsel.

b.

Unless at issue or relevant in a particular proceeding, an attorney should avoid

degrading the intelligence, ethics, morals, integrity, or personal behavior of others.

c.

An attorney should clearly identify all revisions in a document previously submitted to

the court or other counsel.

SECTION 9

DISCOVERY

Attorneys are encouraged to meet and confer early in order to explore voluntary disclosure, which

includes identification of issues, identification of persons with knowledge of such issues, and

exchange of documents.

Attorneys are encouraged to propound and respond to formal discovery in a manner designed to fully

implement the purposes of the Civil Discovery Act.

An attorney should not use discovery to harass an opposing counsel, parties, or witnesses. An

attorney should not use discovery to delay the resolution of a dispute.

For example:

a.

As to Depositions:

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1.

When another party notices a deposition for the near future, absent unusual

circumstances, an attorney should not schedule another deposition in the same

case for an earlier date without opposing counsel’s agreement.

2.

An attorney should delay a scheduled deposition only when necessary to

address scheduling problems and not in bad faith.

3.

An attorney should treat other counsel and participants with courtesy and

civility, and should not engage in conduct that would be inappropriate in the

presence of a judicial officer.

4.

An attorney should remember that vigorous advocacy can be consistent with

professional courtesy, and that arguments or conflicts with other counsel

should not be personal.

5.

An attorney questioning a deponent should provide other counsel present with

a copy of any documents shown to the deponent before or contemporaneously

with showing the document to the deponent.

6.

Once a question is asked, an attorney should not interrupt a deposition or make

an objection for the purpose of coaching a deponent or suggesting answers.

7.

An attorney should not direct a deponent to refuse to answer a question or end

the deposition without a legal basis for doing so.

8.

An attorney should refrain from self-serving speeches and speaking objections.

b.

As to Document Demands:

1.

Document requests should be used only to seek those documents that are

reasonably needed to prosecute or defend an action.

2.

An attorney should not make demands to harass or embarrass a party or

witness or to impose an inordinate burden or expense in responding.

3.

If an attorney inadvertently receives a privileged document, the attorney should

promptly notify the producing party that the document has been received.

4.

In responding to a document demand, an attorney should not intentionally

misconstrue a request in such a way as to avoid disclosure or withhold a

document on the grounds of privilege.

5.

An attorney should not produce disorganized or unintelligible documents, or

produce documents in a way that hides or obscures the existence of particular

documents.

6.

An attorney should not delay in producing a document in order to prevent

opposing counsel from inspecting the document prior to or during a scheduled

deposition or for some other tactical reason.

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c.

As to Interrogatories:

1.

An attorney should narrowly tailor special interrogatories and not use them to

harass or impose an undue burden or expense on an opposing party.

2.

An attorney should not intentionally misconstrue or respond to interrogatories

in a manner that is not truly responsive.

3.

When an attorney lacks a good faith belief in the merit of an objection, the

attorney should not object to an interrogatory. If an interrogatory is

objectionable in part, an attorney should answer the unobjectionable part.

SECTION 10

MOTION PRACTICE

An attorney should consider whether, before filing or pursuing a motion, to contact opposing counsel

to attempt to informally resolve or limit the dispute.

For example:

a.

Before filing demurrers, motions to strike, motions to transfer venue, and motions for

judgment on the pleadings, an attorney should engage in more than a pro forma effort

to resolve the issue.

b.

In complying with any meet and confer requirement in the California Code of Civil

Procedure, an attorney should speak personally with opposing counsel and engage in a

good faith effort to resolve or informally limit an issue.

c.

An attorney should not engage in conduct that forces an opposing counsel to file a

motion and then not oppose the motion.

d.

An attorney who has no reasonable objection to a proposed motion should promptly

make this position known to opposing counsel, who then may file an unopposed

motion or avoid filing a motion.

e.

After opposing a motion, if an attorney recognizes that the movant’s position is

correct, the attorney should promptly advise the movant and the court of this change in

position.

f.

Because requests for monetary sanctions, even if statutorily authorized, can lead to the

destruction of a productive relationship between counsel or parties, monetary

sanctions should not be sought unless fully justified by the circumstances and

necessary to protect a client’s legitimate interests and then only after a good faith

effort to resolve the issue informally among counsel.

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SECTION 11

DEALING WITH NONPARTY WITNESSES

It is important to promote high regard for the profession and the legal system among those who are

neither attorneys nor litigants. An attorney’s conduct in dealings with nonparty witnesses should

exhibit the highest standards of civility.

For example:

a.

An attorney should be courteous and respectful in communications with nonparty

witnesses.

b.

Upon request, an attorney should extend professional courtesies and grant reasonable

accommodations, unless to do so would materially prejudice the client’s lawful

objectives.

c.

An attorney should take special care to protect a witness from undue harassment or

embarrassment and to state questions in a form that is appropriate to the witness’s age

and development.

d.

An attorney should not issue a subpoena to a nonparty witness for inappropriate

tactical or strategic purposes, such as to intimidate or harass the nonparty.

e.

As soon as an attorney knows that a previously scheduled deposition will or will not,

in fact, go forward as scheduled, the attorney should notify all counsel.

f.

An attorney who obtains a document pursuant to a deposition subpoena should, upon

request, make copies of the document available to all other counsel at their expense.

SECTION 12

EX PARTE COMMUNICATION WITH THE COURT

In a social setting or otherwise, an attorney should not communicate ex parte with a judicial officer

on the substance of a case pending before the court, unless permitted by law.

SECTION 13

SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION

An attorney should raise and explore with the client and, if the client consents, with opposing

counsel, the possibility of settlement and alternative dispute resolution in every matter as soon as

possible and, when appropriate, during the course of litigation.

For example:

a.

An attorney should advise a client at the outset of the relationship of the availability of

informal or alternative dispute resolution.

b.

An attorney should attempt to evaluate a matter objectively and to de-escalate any

controversy or dispute in an effort to resolve or limit the controversy or dispute.

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c.

An attorney should consider whether alternative dispute resolution would adequately

serve a client’s interest and dispose of the controversy expeditiously and

economically.

d.

An attorney should honor a client’s desire to settle the dispute quickly and in a cost-

effective manner.

e.

An attorney should use an alternative dispute resolution process for purposes of

settlement and not for delay or other improper purposes, such as discovery.

f.

An attorney should participate in good faith, and assist the alternative dispute officer

by providing pertinent and accurate facts, law, theories, opinions and arguments in an

attempt to resolve a dispute.

g.

An attorney should not falsely hold out the possibility of settlement as a means for

terminating discovery or delaying trial.

SECTION 14

CONDUCT IN COURT

To promote a positive image of the profession, an attorney should always act respectfully and with

dignity in court and assist the court in proper handling of a case.

For example:

a.

An attorney should be punctual and prepared.

b.

An attorney’s conduct should avoid disorder or disruption and preserve the right to a

fair trial.

c.

An attorney should maintain respect for and confidence in a judicial office by

displaying courtesy, dignity and respect toward the court and courtroom personnel.

d.

An attorney should refrain from conduct that inappropriately demeans another person.

e.

Before appearing in court, an attorney should advise a client of the kind of behavior

expected of the client and endeavor to prevent the client from creating disorder or

disruption in the courtroom.

f.

An attorney should make objections for legitimate and good faith reasons, and not for

the purpose of harassment or delay.

g.

An attorney should honor an opposing counsel’s requests that do not materially

prejudice the rights of the attorney’s client or sacrifice tactical advantage.

h.

While appearing before the court, an attorney should address all arguments, objections

and requests to the court, rather than directly to opposing counsel.

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i.

While appearing in court, an attorney should demonstrate sensitivity to any party,

witness or attorney who has requested, or may need, accommodation as a person with

physical or mental impairment, so as to foster full and fair access of all persons to the

court.

SECTION 15

DEFAULT

An attorney should not take the default of an opposing party known to be represented by counsel

without giving the party advance warning.

For example an attorney should not race opposing counsel to the courthouse to knowingly

enter a default before a responsive pleading can be filed. This guideline is intended to apply

only to taking a default when there is a failure to timely respond to complaints, cross-

complaints, and amended pleadings.

SECTION 16

SOCIAL RELATIONSHIPS WITH JUDICIAL OFFICERS, NEUTRALS AND

COURT APPOINTED EXPERTS

An attorney should avoid even the appearance of bias by notifying opposing counsel or an

unrepresented opposing party of any close, personal relationships between the attorney and a judicial

officer, arbitrator, mediator or court-appointed expert and allowing a reasonable opportunity to

object.

SECTION 17

PRIVACY

An attorney should respect the privacy rights of parties and nonparties.

For example:

a.

An attorney should not inquire into, attempt or threaten to use, private facts

concerning any party or other individuals for the purpose of gaining an advantage in a

case. This guideline does not preclude inquiry into sensitive matters relevant to an

issue, as long as the inquiry is pursued as narrowly as possible.

b.

If an attorney must inquire into an individual’s private affairs, the attorney should

cooperate in arranging for protective measures, including stipulating to an appropriate

protective order, designed to assure that the information revealed is disclosed only for

purposes relevant to the pending litigation.

c.

Nothing herein shall be construed as authorizing the withholding of information in

violation of applicable law.

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SECTION 18

NEGOTIATION OF WRITTEN AGREEMENTS

An attorney should negotiate and conclude written agreements in a cooperative manner and with

informed authority of the client.

For example:

a.

An attorney should use boilerplate provisions only if they apply to the subject of the

agreement.

b.

If an attorney modifies a document, the attorney should clearly identify the change and

bring it to the attention of other counsel.

c.

An attorney should avoid negotiating tactics that are abusive; that are not made in

good faith; that threaten inappropriate legal action; that are not true; that set arbitrary

deadlines; that are intended solely to gain an unfair advantage or take unfair advantage

of a superior bargaining position; or that do not accurately reflect the client’s wishes

or previous oral agreements.

d.

An attorney should not participate in an action or the preparation of a document that is

intended to circumvent or violate applicable laws or rules.

In addition to other applicable Sections of these Guidelines, attorneys engaged in a transactional

practice have unique responsibilities because much of the practice is conducted without judicial

supervision.

For example:

a.

Attorneys should be mindful that their primary goals are to negotiate in a manner that

accurately represents their client and the purpose for which they were retained.

b.

Attorneys should successfully and timely conclude a transaction in a manner that

accurately represents the parties’ intentions and has the least likely potential for

litigation.

c.

With client approval, attorneys should consider giving each party permission to

contact the employees of the other party for the purpose of promptly and efficiently

obtaining necessary information and documents.

SECTION 19

ADDITIONAL PROVISION FOR FAMILY LAW PRACTITIONERS

In addition to other applicable Sections of these Guidelines, in family law proceedings an attorney

should seek to reduce emotional tension and trauma and encourage the parties and attorneys to

interact in a cooperative atmosphere, and keep the best interest of the children in mind.

For example:

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a.

An attorney should discourage and should not abet vindictive conduct.

b.

An attorney should treat all participants with courtesy and respect in order to minimize

the emotional intensity of a family dispute.

c.

An attorney representing a parent should consider the welfare of a minor child and

seek to minimize the adverse impact of the family law proceeding on the child.

SECTION 20

ADDITIONAL PROVISION FOR CRIMINAL LAW PRACTITIONERS

In addition to other applicable Sections of these Guidelines, criminal law practitioners have unique

responsibilities. Prosecutors are charged with seeking justice, while defenders must zealously

represent their clients even in the face of seemingly overwhelming evidence of guilt. In practicing

criminal law, an attorney should appreciate these roles.

For example:

a.

A prosecutor should not question the propriety of defending a person accused of a

crime.

b.

Appellate counsel and trial counsel should communicate openly, civilly and without

rancor, endeavoring to keep the proceedings on a professional level.

SECTION 21

COURT PROCEEDINGS

Judges are encouraged to become familiar with these Guidelines and to support and promote them

where appropriate in court proceedings.

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ATTORNEY’S PLEDGE

I commit to these Guidelines of Civility and Professionalism and will be guided by a sense of

integrity, cooperation and fair play.

I will abstain from rude, disruptive, disrespectful, and abusive behavior, and will act with dignity,

decency, courtesy, and candor with opposing counsel, the courts and the public.

As part of my responsibility for the fair administration of justice, I will inform my clients of this

commitment and, in an effort to help promote the responsible practice of law, I will encourage other

attorneys to observe these Guidelines.

______________________________________

________________________

(Signature)

(Date)

______________________________________

(Print Name)

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California Attorney

Guidelines of Civility and Professionalism

(Abbreviated Without Examples)

The State Bar of California

180 Howard Street

San Francisco, CA 94105-1639

Adopted by the Board of Governors on

July 20, 2007

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California Attorney Guidelines of Civility and Professionalism

(Abbreviated, adopted July 20, 2007)

INTRODUCTION. As officers of the court with responsibilities to the administration of justice, attorneys have an obligation to be

professional with clients, other parties and counsel, the courts and the public. This obligation includes civility, professional integrity,

personal dignity, candor, diligence, respect, courtesy, and cooperation, all of which are essential to the fair administration of justi