204 Pa. Code § 99.3 - The Lawyer's Duties to the Court and to Other Lawyers
1. A lawyer should act in a manner consistent
with the fair, efficient and humane system of justice and treat all
participants in the legal process in a civil, professional and courteous manner
at all times. These principles apply to the lawyer's conduct in the courtroom,
in office practice and in the course of litigation.
2. A lawyer should speak and write in a civil
and respectful manner in all communications with the court, court personnel,
and other lawyers.
3. A lawyer
should not engage in any conduct that diminishes the dignity or decorum of the
courtroom.
4. A lawyer should
advise clients and witnesses of the proper dress and conduct expected of them
when appearing in court and should, to the best of his or her ability, prevent
clients and witnesses from creating disorder and disruption in the
courtroom.
5. A lawyer should
abstain from making disparaging personal remarks or engaging in acrimonious
speech or conduct toward opposing counsel or any participants in the legal
process and shall treat everyone involved with fair consideration.
6. A lawyer should not bring the profession
into disrepute by making unfounded accusations of impropriety or personal
attacks upon counsel and, absent good cause, should not attribute improper
motive or conduct to other counsel.
7. A lawyer should refrain from acting upon
or manifesting racial, gender or other bias or prejudice toward any participant
in the legal process.
8. A lawyer
should not misrepresent, mischaracterize, misquote or miscite facts or
authorities in any oral or written communication to the court.
9. A lawyer should be punctual and prepared
for all court appearances.
10. A
lawyer should avoid ex parte communications with the court, including the
judge's staff, on pending matters in person, by telephone or in letters and
other forms of written communication unless authorized. Communication with the
judge on any matter pending before the judge, without notice to opposing
counsel, is strictly prohibited.
11. A lawyer should be considerate of the
time constraints and pressures on the court in the court's effort to administer
justice and make every effort to comply with schedules set by the
court.
12. A lawyer, when in the
courtroom, should make all remarks only to the judge and never to opposing
counsel. When in the courtroom a lawyer should refer to opposing counsel by
surname preceded by the preferred title (Mr., Mrs., Ms. or Miss) or the
professional title of attorney or counselor.
13. A lawyer should show respect for the
court by proper demeanor and decorum. In the courtroom a lawyer should address
the judge as "Your Honor" or "the Court" or by other formal designation. A
lawyer should begin an argument by saying "May it please the court" and
identify himself/herself, the firm and the client.
14. A lawyer should deliver to all counsel
involved in a proceeding any written communication that a lawyer sends to the
court. Said copies should be delivered at substantially the same time and by
the same means as the written communication to the court.
15. A lawyer should attempt to verify the
availability of necessary participants and witnesses before hearing and trial
dates are set or, if that is not feasible, immediately after such dates have
been set and promptly notify the court of any anticipated problems.
16. A lawyer should understand that court
personnel are an integral part of the justice system and should treat them with
courtesy and respect at all times.
17. A lawyer should demonstrate respect for
other lawyers, which requires that counsel be punctual in meeting appointments
with other lawyers and considerate of the schedules of other participants in
the legal process; adhere to commitments, whether made orally or in writing;
and respond promptly to communications from other lawyers.
18. A lawyer should strive to protect the
dignity and independence of the judiciary, particularly from unjust criticism
and attack.
19. A lawyer should be
cognizant of the standing of the legal profession and should bring these
principles to the attention of other lawyers when appropriate.
Notes
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