Changes in the manner that the law is practiced as we near the end of the twentieth century have motivated the Bar Association of Baltimore City to adopt civility guidelines for the use of its members and others. These guidelines represent an effort to restore a degree of civility to the practice of our profession, while recognizing that the realities of modern practice require lawyers to be competitive and that their duties to their clients often demand that they be adversarial.

Conduct that may be characterized as uncivil, abrasive, abusive, hostile or obstinate impedes the fundamental goal of resolving disputes rationally, peacefully and efficiently. Such conduct tends to delay and often to deny justice. These guidelines attempt to accommodate an attorney's role as advocate for a client and as an officer of the court. They stress courtesy and integrity as personal obligations and as a means to alleviate the unnecessary stress, which may cause a lawyer to forget his or her need to be considerate of others. Our common goal is to achieve a professional and efficient environment for our work, which commands so much of our time. We believe that a more civil approach to the courts, to one another and to our clients will promote all of that and still allow for the successful resolution of legal disputes.

The Association encourages the Baltimore legal community to accept these civility guidelines, which are intended to be read in conjunction with the rules, discovery guidelines and ethical requirements governing the practice of law before the United States District Court for the District of Maryland and the Maryland State Courts.

These Guidelines are not intended to be used as a basis for litigation or for sanctions or penalties.

I. GENERAL CODE OF CONDUCT FOR ATTORNEYS

(1) A lawyer should foster respect for the rule of law and should promote equal justice.
(2) A lawyer should further the legal profession's devotion to public service and to the public good.
(3) A lawyer should at all times be guided by a fundamental sense of honor, integrity and fair play, and should counsel his or her client to do likewise.
(4) A lawyer should treat all persons with courtesy and respect and at all times abstain from rude, disruptive and disrespectful behavior. A lawyer should encourage his or her clients and support personnel to do likewise, even when confronted with rude, disruptive and disrespectful behavior.
(5) A lawyer should refrain from manifesting, by words or conduct, bias or prejudice.
(6) A lawyer should respect the time and commitments of others.
(7) A lawyer should always be punctual in communications with others and in honoring scheduled appearances.
(8) A lawyer should exercise independent judgment and should not be governed by a client’s ill will or deceit, if any, towards other participants in the legal process.
(9) A lawyer should show respect for the legal system through appearance, manner and conduct.
(10) A lawyer should not intentionally ascribe to an adversary a position he or she has not taken, or create a “record” of events that in fact have not occurred.

II. THE LAWYERS’ DUTIES TO THE COURT

(1) A lawyer should speak and write civilly and respectfully in all communications with the court.
(2) A lawyer should be punctual and prepared for all court appearances so that all hearings, conferences and trials may commence on time.
(3) A lawyer should be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice.
(4) A lawyer should not engage in any conduct that brings disorder or disruption to the courtroom. A lawyer should advise his or her clients and witnesses appearing in court of the proper conduct expected there and endeavor to prevent clients and witnesses from creating disorder and disruption.
(5) A lawyer should not write letter to the court in connection with a pending action unless invited or permitted by the court.
(6) A lawyer should promptly notify the court of any problems with a scheduled date for hearing or trial.
(7) A lawyer should comply with schedules or deadlines set by the court.
(8) A lawyer appearing in a public proceeding should be attired in a manner that connotes respect for the tribunal, and should request that clients and witnesses be similarly attired.
(9) A lawyer should stand when addressing the court.
(10) A lawyer should avoid displays of temper toward the court.
(11) Unless permitted to do so by the court, a lawyer should not continue to argue after the court has made its ruling on the point in contention.
(12) A lawyer should act and speak respectfully to all court personnel with an awareness that they are an integral part of the judicial system.

III. LITIGATION

Scheduling:

(1) A lawyer should consult with other counsel regarding scheduling matters in a good faith effort to avoid scheduling conflicts.
(2) A lawyer should not seek extensions or continuances for the purpose of harassment or prolonging litigation.
(3) A lawyer should not refuse to grant a reasonable time extension to opposing counsel solely for the sake of appearing “tough,” and should advise his or her clients against such a strategy.
(4) Agreement to a date for a meeting or conference represents a commitment that should be honored, absent compelling circumstances. When compelled to cancel such a date, the lawyer should notify all concerned as early as possible.

Service of Papers:

(5) Papers should not be served in order to take advantage of an opponent’s known absence from the office or at a time or in a manner designed to inconvenience an adversary, or at a time that will unfairly limit another party’s opportunity to respond.

Submission to the Court:

(6) A lawyer should not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities in any written or oral communication to the court, nor rely on facts that are not properly a part of the record.
(7) Neither written submissions nor oral representations should disparage the intelligence, ethics, morals, integrity or personal behavior of one’s adversaries, unless such things are directly and necessarily in issue.
(8) In civil actions, unless a good-faith advocacy basis exists for not doing so, a lawyer should stipulate to undisputed relevant matters.
(9) A lawyer should make good-faith efforts to resolve by agreement his or her objections to matters contained in pleadings and other papers.
(10) A draft order should accurately and completely reflect the court’s ruling. A lawyer preparing such an order should submit it to opposing counsel and attempt to reconcile any differences before presenting the order to the court.
(11) A lawyer should not seek court sanctions reflexively, but only if fully justified by the circumstances and necessary to protect his or her client’s interests.

Communications:

(12) A lawyer should at all times be civil and courteous in communicating with adversaries, whether orally or in writing.
(13) A lawyer should not send copies of letters intended for opposing counsel to the court unless specifically invited by the court to do so.

Discovery:

(14) The Association endorses the Discovery Guidelines promulgated by the U.S. District Court for the District of Maryland, as well as the Maryland Discovery Guidelines, and adopts them by reference as applicable to attorneys practicing in Baltimore City.

Ex Parte Communications:

(15) A lawyer should not initiate ex parte communications about a case with the judge before whom the case in pending.
(16) Unless applicable laws or rules otherwise permit, in an exparte application or communication to the court, a lawyer should make diligent efforts to notify opposing counsel or the opponent, if unrepresented, and should make reasonable efforts to accommodate the schedule of such counsel or opponent to permit him or her to be represented on the application.

Settlement:

(17) A lawyer should endeavor to confer early with opposing counsel to assess settlement possibilities, while not deliberately holdling out the possibility of settlement primarily as a means of adjourning discover or delaying trial.

Hearings and Trials:

(18) A lawyer should not encourage or knowingly authorize any person under his or her control to engage in conduct that would be improper if the lawyer were to engage in such conduct.
(19) A lawyer should strive to ensure that the judge is fairly informed about the facts and the applicable law.
(20) If a lawyer knows a client intends to dismiss a matter, the lawyer should promptly notify opposing counsel in order to avoid unnecessary trial preparation and expense.
(21) Prior to trial, a lawyer should make a reasonable good-faith effort to identify to opposing counsel those witnesses whom the lawyer believes are reasonably likely to be called to testify.
(22) Prior to trial, a lawyer should make a reasonable good-faith effort to identify to opposing counsel those exhibits which the lawyer believes are reasonably likely to be offered into evidence.
(23) During trial and evidentiary hearings, lawyers should disclose the identities and expected duration of testimony of those witnesses expected to be called that day and the following day.

IV. THE COURTS DUTIES TO LAWYERS

(1) A judge should not employ hostile, demeaning or humiliating words in opinions or in written or oral communications with lawyers, parties or witnesses.
(2) A judge should treat lawyers and litigants with impartiality and courtesy and, while maintaining control of proceedings, should attempt to do so in a manner intended to avoid personal humiliation.
(3) A judge should be punctual in convening all hearings, meetings and conferences; if delayed, a judge should notify counsel, if possible.
(4) In scheduling hearings, meetings and conferences, a judge should be considerate, consistent with the efficient administration of justice, of professional and personal time schedules of lawyers, parties, and witnesses.
(5) A judge should make all reasonable efforts to decide promptly all matters presented for decision.
(6) Within the practical limits of time, a judge should allow lawyers to present proper arguments and t make a complete and accurate record.
(7) A judge should not impugn the integrity or professionalism of any lawyer on the basis of the clients whom or the causes which a lawyer represents.
(8) A judge should attempt to ensure that court personnel act civilly towards lawyers, parties and witnesses.
(9) A judge should void needlessly increasing litigation expenses.
(10) A judge should not tolerate uncivil conduct.

Respectfully submitted,

The Honorable Ellen M. Heller
The Honorable Benson Everett Legg
The Honorable Nancy B. Shuger
Ward B. Coe III, Esquire
Patrick J. Reynolds, Esquire
David P. King, Esquire
Kerry D. Staton, Esquire