{"id":120,"date":"2019-11-10T01:23:17","date_gmt":"2019-11-10T01:23:17","guid":{"rendered":"http:\/\/abtl.org\/losangeles\/?page_id=120"},"modified":"2019-11-10T01:25:38","modified_gmt":"2019-11-10T01:25:38","slug":"civility-guidelines","status":"publish","type":"page","link":"https:\/\/abtl.org\/losangeles\/civility-guidelines\/","title":{"rendered":"Ethics, Professionalism and Civility Guidelines"},"content":{"rendered":"\n<h4 class=\"subhead-border\">Introduction<\/h4>\n\n\n\n<p>The Los Angeles Chapter of the Association of Business Trial  Lawyers\n has adopted Ethics, Professionalism and Civility Guidelines.&nbsp; These \nguidelines identify principles of  conduct for lawyers engaged in \nlitigation.&nbsp;  The goal of the guidelines is to eliminate unnecessary \nconflict and to  reduce the level of contentiousness and inefficiency in\n the resolution of legal  disputes.<\/p>\n\n\n\n<p>The ABTL, as a voluntary bar association, does not\n intend  these guidelines to provide a basis for further litigation, or \nfor sanctions or  penalties.&nbsp; While some of the following  guidelines \nare based on statutes or existing rules of professional conduct,  others\n go beyond any requirement of current law.&nbsp; Lawyers are encouraged to \napply the spirit of  the guidelines, as appropriate, in circumstances \nthat are not specifically  addressed in any of the guidelines&#8217; specific \nprovisions.&nbsp; For example, communications via social media  should be \nconsistent with the guidelines set forth herein.&nbsp; In this regard, \ncounsel also should  understand and appreciate the ethical issues judges\n face with respect to social  media.<\/p>\n\n\n\n<p>Nothing in the guidelines is intended to inhibit a  lawyer&#8217;s  zealous representation of his or her client&#8217;s interests.\u00a0 The  guidelines are, however, based on the  belief that zealous  representation is compatible with professional and civil  conduct.\u00a0 The  ABTL encourages firms and  individuals to abide by these guidelines in  their everyday practice.\u00a0 <\/p>\n\n\n\n<h4 class=\"subhead-border\">Ombudsmen  Civility Program<\/h4>\n\n\n\n<p>Every law firm&#8217;s reputation is affected by the \nprofessional  conduct of its lawyers acting in the name of the firm.&nbsp; \nLaw firms should include the subject of  professional and civil conduct \nin their programs for the training of new  lawyers and their continuing \nlegal education programs.&nbsp; Law firms also should identify a lawyer  \nwithin the litigation practice group to whom questions regarding \ncompliance  with these ABTL guidelines may be addressed.&nbsp;  In the \nabsence of such a designee, each ABTL Board Member is expected to  \nassist in this respect. <\/p>\n\n\n\n<p>As part of each member firm\u2019s commitment to \ncivility, each  ABTL Board Member or their designee will facilitate \ncompliance with ABTL\u2019s  Civility Guidelines by being available to \nreceive and assist in the resolution  of issues concerning conduct \nraised against his\/her firm which purportedly contravenes  the \nguidelines set forth herein.&nbsp; The  ABTL believes that the process could \nbe facilitated if such issues were  presented by a disinterested member \nof the complaining law firm.&nbsp; The goal of the process would be to \nresolve  differences by inter-firm discussion, and the intervention of \ndisinterested and  responsible members of each firm, rather than through\n escalating untoward  behavior on each side and motions and \ncounter-motions for sanctions.<\/p>\n\n\n\n<h4 class=\"subhead-border\">Responsibilities to the Public.<\/h4>\n\n\n\n<ul><li>A lawyer should not engage in derogatory or \nprohibited  conduct on the basis of race, religion, gender, sexual \norientation, physical  condition, disability or other immutable \ncharacteristics of any person.<\/li><li>A lawyer always should be mindful that the law\n  is a learned profession and that among its goals are devotion to \npublic  service, improvement of the administration of justice, and the \ncontribution of  uncompensated time and civic influence on behalf of \npersons who cannot afford  adequate legal assistance.&nbsp; <\/li><\/ul>\n\n\n\n<h4 class=\"subhead-border\">Responsibilities to the Client.<\/h4>\n\n\n\n<ul><li>A lawyer must work to advance the lawful and  \nlegitimate interests of his or her client.&nbsp;  This duty does not include \nan obligation or any effort to act abusively  or discourteously.&nbsp; \nZealous  representation of the client&#8217;s interests should be carried out \nin a  professional and civil manner.<\/li><li>A lawyer should not behave in an offensive,  \nderogatory or discourteous manner even when his or her client so \ndesires.&nbsp; If necessary, a lawyer should advise the  client that civility\n and courtesy are the marks of professionalism and not signs  of \nweakness.<\/li><li>The client&#8217;s best interests are often served \nby  alternatives to litigation.&nbsp; A lawyer  should consider the \npossibility of settlement or alternative dispute resolution  in every \ncase and, when appropriate, bring such alternatives to the client&#8217;s  \nattention.<\/li><\/ul>\n\n\n\n<h4 class=\"subhead-border\">Litigation Conduct.<\/h4>\n\n\n\n<ul><li>A lawyer should be punctual and prepared for \nall  court appearances so that all matters may commence on time and \nproceed  efficiently.&nbsp; Lawyers should treat  judges, counsel, parties, \nwitnesses and court personnel in a civil and  courteous manner, not only\n in court but in depositions, conferences and in all  other written and \noral communications.<\/li><li>Where an alternative manner of service would \nnot  prejudice the client&#8217;s legitimate interests, a lawyer should not \nuse the timing  and manner of service to embarrass or disadvantage the \nparty or person on whom  the papers are served.<\/li><li>A lawyer should consider the opposing \ncounsel&#8217;s  legitimate calendar conflicts when scheduling or postponing \nhearings,  depositions, meeting or conferences, unless to do so would be\n contrary to the  legitimate interests of his or her client.&nbsp;  A lawyer \nshould not arbitrarily or unreasonably refuse a reasonable  request for \nan extension of time.&nbsp; In  considering a request for an extension of \ntime, a lawyer may appropriately take  into account the interests of his\n or her client, whether there have been prior  requests for extensions, \nthe time required for the task, the nature of the  adversary&#8217;s \nscheduling difficulty, and whether the adversary will grant  reciprocal \nreasonable requests. A lawyer should not engage in delay tactics in  \nscheduling meetings, hearings, or discovery.<\/li><li>A lawyer should try to verify the availability\n  of key participants and witnesses before a meeting, hearing, or trial \ndate is  set. If that is not feasible, a lawyer should try to do so \nimmediately after  the meeting, hearing, or trial date is set so that he\n or she can promptly  notify the court and opposing counsel of any \nlikely problems.<\/li><li>A lawyer should (i) notify opposing counsel \nand,  if appropriate, the court as early as possible when scheduled \nmeetings,  hearings, or depositions must be cancelled or rescheduled, \nand (ii) provide,  when possible, alternate dates for such meetings, \nhearings, or depositions.<\/li><\/ul>\n\n\n\n<h4 class=\"subhead-border\">Discovery.<\/h4>\n\n\n\n<ul><li>A lawyer should not use discovery to harass  \nopposing counsel or the opposing party or for the purpose of delaying \nthe  efficient resolution of a dispute.&nbsp; A  lawyer should explore with \nopposing counsel alternatives to formal discovery  that will achieve the\n same objective at lower cost.&nbsp; Lawyers should be willing to agree to \nmutual  stipulations of genuinely undisputed facts.<\/li><li>A lawyer should take depositions only when  \nactually needed to learn facts or preserve testimony, and should not \nengage in  any conduct during a deposition that would not be appropriate\n in the presence  of a judge.<\/li><li>Written discovery should be limited to seeking\n  such information and documents that a lawyer reasonably believes are \nnecessary  for the prosecution or defense of an action.&nbsp;  A lawyer \nresponding to written discovery or complying with court rules  requiring\n disclosure should not employ artificially restrictive interpretations  \nto avoid disclosure of relevant and non-privileged information or \ndocuments.<\/li><li>ABTL strongly encourages lawyers to engage in \nan  extensive and good faith meet and confer process before bringing a \ndiscovery  motion.&nbsp; Whenever possible, counsel  should meet in person to\n discuss discovery disputes.&nbsp; A discovery motion should only be brought \nas a  last resort.&nbsp; Lawyers are encouraged to  seek the court\u2019s \nassistance through an informal discovery conference prior to  filing a \ndiscovery motion.<\/li><\/ul>\n\n\n\n<h4 class=\"subhead-border\">Electronic  Discovery. <\/h4>\n\n\n\n<ul><li>Electronic discovery should be conducted with \n the goal of limiting the cost, burden and time spent, while ensuring \nthe  information subject to discovery is preserved and produced to allow\n for fair  adjudication of the merits.<\/li><li>To assure reasonableness and proportionality \nin  discovery, parties should consider factors that include the burden \nor expense  of the proposed discovery compared to its likely benefit, \nthe amount in  controversy, the parties\u2019 resources, the importance of \nthe issues at stake in  the action, and the importance of the discovery \nin adjudicating the merits of  the case.&nbsp; To further the application of \n the proportionality standard, discovery requests for production of  \nelectronically stored information (ESI) and related responses should be \n reasonably targeted, clear and as specific as practicable.<\/li><li>Opportunities should be utilized to reduce \ncosts  and increase efficiency and speed, such as by conferring about \nthe methods and  technology used for searching ESI to help identify the \nrelevant information and  sampling methods, to validate the search for \nrelevant information, and by  reaching agreements for truncated or \nlimited privilege logs.<\/li><li>ABTL strongly encourages an informal \ndiscussion  about the discovery of ESI (rather than initially by \ndeposition) at the  earliest reasonable stage of the discovery process.&nbsp;\n Counsel, or others knowledgeable about the  parties\u2019 electronic \nsystems, including how potentially relevant data is stored  and \nretrieved, should be involved or made available as necessary.<\/li><\/ul>\n\n\n\n<h4 class=\"subhead-border\">Court  Submissions. <\/h4>\n\n\n\n<ul><li>A lawyer&#8217;s submissions to the court should be  \nprofessional in tone.&nbsp; A lawyer should at  all times strive to be \nconcise and to state accurately the law, the facts and  the parties&#8217; \npositions.&nbsp; Briefs and  pleadings should not be written in an \nunnecessarily inflammatory manner.<\/li><li>A lawyer should avoid personal attacks on all  court \nofficers, including judges and opposing counsel, and should not comment \n adversely on the intelligence, integrity, motive or conduct of judges \nor  opposing counsel, except in the rare circumstance when such matter \nis  legitimately in issue.&nbsp; Even when the  zealous representation of a \nclient may necessitate allegations of improper  conduct, a lawyer should\n carefully review such allegations to ensure that they  are justified \nand supported by the evidence.&nbsp;  A lawyer should bear in mind that ad \nhominem comments frequently are  unpersuasive, increase the level of \npersonal antagonism, and tend to diminish  public respect for lawyers \nand the courts.<\/li><li>A lawyer should not seek sanctions against a  party \nor opposing counsel without first conducting a reasonable investigation \n and participating in an in person good faith meet and confer dialogue.&nbsp;\n ABTL also strongly encourages the use of the  Ombudsmen Civility \nProgram discussed above.<\/li><\/ul>\n\n\n\n<h4 class=\"subhead-border\">Resources<br>\n            <\/h4>\n\n\n\n<p>Below are links to civility guidelines and ethics \nopinions  prepared by California courts and bar associations.&nbsp; This list\n is intended to be helpful but is  not exhaustive.<\/p>\n\n\n\n<p><strong>COURTS<\/strong><\/p>\n\n\n\n<ul><li><a href=\"http:\/\/www.lacourt.org\/courtrules\/ui\/index.aspx?ch=ChapAppdx&amp;tab=2\">Los  Angeles Superior Court<\/a><\/li><li><a href=\"https:\/\/www.google.com\/url?q=http:\/\/www.occourts.org\/directory\/civil\/complex-civil\/department-guidelines.pdf&amp;sa=U&amp;ei=yfi3VLvyDIiWuAS3soLQDQ&amp;ved=0CAUQFjAA&amp;client=internal-uds-cse&amp;usg=AFQjCNEfLgBWu8QegkBYPAVaxBceXr1PEw\">Orange  County Superior Court<\/a><\/li><li><a href=\"http:\/\/www.sccba.com\/?page=professionalism\">Santa Clara  Superior Court<\/a><\/li><li><a href=\"http:\/\/www.sfsuperiorcourt.org\/general-info\/guidelines-professional-conduct\">San  Francisco Superior Court<\/a><\/li><li><a href=\"https:\/\/www.saccourt.ca.gov\/local-rules\/docs\/standards-professional-conduct.pdf\">Sacramento  Superior Court<\/a><\/li><li><a href=\"https:\/\/www.cacd.uscourts.gov\/attorneys\/admissions\/civility-and-professionalism-guidelines\">CD Cal<\/a><\/li><li><a href=\"http:\/\/www.cand.uscourts.gov\/professional_conduct_guidelines\">ND Cal<\/a><\/li><\/ul>\n\n\n\n<p><strong>E-DISCOVERY<\/strong><\/p>\n\n\n\n<ul><li><a href=\"http:\/\/www.cand.uscourts.gov\/eDiscoveryGuidelines\">ND Cal  e-discovery<\/a><\/li><li><a href=\"http:\/\/www.ded.uscourts.gov\/court-info\/local-rules-and-orders\/guidelines\">Delaware  e-discovery<\/a><\/li><\/ul>\n\n\n\n<p><strong>ETHICS OPINIONS<\/strong><\/p>\n\n\n\n<ul><li><a href=\"http:\/\/www.lacba.org\/showpage.cfm?pageid=427\">LACBA  Ethics page<\/a><\/li><li><a href=\"http:\/\/ethics.calbar.ca.gov\/Ethics\/AttorneyCivilityandProfessionalism.aspx\">CA Bar  Ethics page<\/a><\/li><li><a href=\"http:\/\/www.americanbar.org\/groups\/professional_responsibility\/publications\/ethics_opinions.html\">ABA  Ethics page<\/a><\/li><\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Introduction The Los Angeles Chapter of the Association of Business Trial Lawyers has adopted Ethics, Professionalism and Civility Guidelines.&nbsp; These guidelines identify principles of conduct [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/pages\/120"}],"collection":[{"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/comments?post=120"}],"version-history":[{"count":2,"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/pages\/120\/revisions"}],"predecessor-version":[{"id":122,"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/pages\/120\/revisions\/122"}],"wp:attachment":[{"href":"https:\/\/abtl.org\/losangeles\/wp-json\/wp\/v2\/media?parent=120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}