I was six months into my practice drafting a motion to compel discovery on a medical malpractice case and I knew I had a good argument. This would be the first motion that I would get to argue in front of a judge and while nervous, I was emboldened by what I had prepared. However, there was one problem. A huge problem. I missed a very important procedural step in the Ohio Rules of Civil Procedure. Even worse, the details of that rule were reiterated in the judge’s standing orders.
According to the Rules of Civil Procedure, specifically Rule 37, notice is to be provided to other parties and the motion shall include a certification that the movant has attempted to confer with the opposing party failing to make discovery in an effort to resolve the dispute without court action1. I didn’t do that, and the judge made sure to point out that if I failed to properly follow the Civil Rules again, my motion would be automatically denied. Not a good representation for my first motion hearing. But that moment taught me that effective advocacy means more than making a strong argument, it also means practicing with professionalism.
Starting out as new lawyers, especially in litigation, we often are focused on advocacy and argument, and we’re excited to exemplify that with our opportunities. But it can put us in a position where we lose sight of professionalism and civility. The good thing is we can zealously advocate for our clients and we do not have to sacrifice professionalism and civility in doing so. This article provides practical guidance and explores the resources available that can help newer attorneys achieve and maintain that premise.
The legal field, especially litigation, is adversarial in nature. Oftentimes your clients are coming to you with a problem and for a lot of them, the problem causes them stress, frustration, anger, etc. At the outset, stakes are high and the pressure is on you to advocate for them effectively.
However, aggression in our advocacy does not automatically equate to effectiveness. In my example above, the first thing the opposing side addressed in their memorandum contra to my motion and the first thing the judge addressed in that motion hearing was the fact that I did not follow the Rules of Civil Procedure. That I did not extend to the other side the courtesy of potentially resolving the dispute without the court’s involvement. Had I done so, perhaps we could have resolved the discovery issue without the court’s involvement, a more effective strategy in advocating for my client than the one I chose.
I also have learned that your reputation starts building as soon as you work on your first case. That is essential because you never know where your next referral may come from. It may come from someone that was previously opposing counsel or perhaps that person may be your next co-counsel. It may come from a juror that sat on the jury from one of your trials. I have learned that people, whether its opposing counsel, your clients, jurors, mediators, etc., take notice of how you treat others and if you are professional and courteous, especially towards your adversaries, it builds credibility. Thus, professionalism and civility are not a weakness, but rather a strength.
There are plenty of resources we as newer attorneys can utilize as we encounter scenarios in our practice where advocacy and civility conflict. These resources will help you navigate specific circumstances and act as a general guide as you embark on your legal career.
The Supreme Court of Ohio A Lawyer’s Creed and Professionalism Dos & Don’ts
A Lawyer’s Creed was issued by the Supreme Court of Ohio in 1997 and is the first thing we as new attorneys recite once we are sworn in to practice law in the State of Ohio. The essence of the Creed is that we are to practice law professionally and with courtesy not only towards our clients, but notably to the opposing parties and their counsel, the courts and to those who assist them, to our colleagues, the profession itself, and to the public and our system of justice2.
The Creed states that to our clients, we must “offer loyalty, confidentiality, competence, diligence and my best judgment.”3 To opposing parties and their counsel, we must “offer fairness, integrity, and civility” and “attempt to resolve differences and, if we fail, [we] shall strive to make our dispute a dignified one. 4” To the courts, we must “offer respect, candor and courtesy” and “where consistent with my client’s interests, [we] shall communicate with opposing counsel in an effort to avoid or resolve litigation” and “honor the search for justice.5” To the profession, the Creed states, “I recognize that my actions and demeanor reflect upon our system of justice and our profession, and I shall conduct myself accordingly.6”
These are just a few highlights of the Creed itself, but it is a good reminder of a few key points. Specifically, the Creed not only focuses on our clients, but also our responsibilities towards opposing parties and counsel, the courts, the public, and the profession. This is a good reminder that our actions reflect not only ourselves, but perhaps more importantly, those we represent, the legal profession, and our local bar. Additionally, it underscores the principle focused on in this article, that we can zealously advocate for our clients while also conducting ourselves in a professional manner towards our adversaries and the courts.
The Supreme Court of Ohio, by and through its appointed Commission on Professionalism, also published a list of Dos and Don’ts for various topics including working with opposing counsel and other lawyers, legal writing, conduct of prosecutors and defense attorneys, and depositions. These lists are helpful in that they expand on the concepts outlined in A Lawyer’s Creed by providing guidelines on specific scenarios often encountered by lawyers.
For example, in the Dos and Don’ts list on working with opposing counsel, it states, “DO avoid motions about minor issues that should be worked out informally” and “DON’T respond in kind when confronted with unprofessional behavior by another attorney.7”
In the Dos and Don’ts list on depositions, it lists, “DO go ‘off record’ and confer with opposing counsel, privately and outside the deposition room, if you are having problems with respect to objections, the tone of the questions being asked or the form of the questions” and “DON’T make rude and degrading comments to, or ad hominem attacks on, deponent or opposing counsel, either when asking questions or objecting to questions.8”
These lists are a great resource because they speak to specific scenarios that you will inevitably run into as you continue to practice. Referring to them will help guide you through those situations where your professional conduct and civility will be tested.
Cincinnati Bar Association’s Professionalism Committee
The Cincinnati Bar Association’s (CBA) Professionalism Committee is an appointed committee that “exists to promote honor, integrity, competence and civility among lawyers and judges’ allegiance to the justice system; the exercise of sound judgment; and the performance of pro bono service in the practice of law.9” The Committee hosts continuing legal education programs and events that focus on professionalism and civility among the CBA’s members. Additionally, each year the Committee hosts a series of ten-minute mentoring sessions that are “TED-style” talks given by lawyers and judges in our community. All sessions can be found on the CBA’s website at https://www.cincybar.org/Groups/PRO. You may join the committee by contacting Maria Palermo of the CBA or one of the other committee members listed on the website.
Mentorship
Mentorship is a great way to learn about professionalism and civility in practice as you get to observe how established practitioners treat court staff, manage disputes, and respond to opposing counsel. Not only are there observational opportunities, but you can also ask your mentor for specific feedback on your tone, demeanor, and communication habits early in your career.
It also is beneficial to seek multiple mentors. For example, finding a mentor outside of your office or firm, perhaps someone that practices within a different area than you, can be an added benefit as you can learn from someone that may offer a differing perspective on situations where you seek guidance. Multiple mentors can also advise you on different aspects of your career (i.e. your practice area mentor, a professionalism/ethics mentor, personal mentor, etc.).
Professionalism and civility are not innate, but rather they are skills that are tested, require practice, and you develop them over time and experience. Our profession is adversarial in nature, but our conduct is a choice. By choosing civility, we strengthen our advocacy, elevate our profession, and shape the bar we want to belong to.
Nathan “Nate” Sparks is an Associate Attorney with Lawrence, Beirne & Lewis, a firm in Covington, Kentucky representing individuals in Ohio and Kentucky suffering from catastrophic injuries as a result of another’s negligence. Nate’s practice focuses on medical malpractice, personal injury, and product liability matters. Nate is also a Member of the CBA’s Professionalism Committee.
1 Civ.R. 37(A)(1).
2 A Lawyer’s Creed (1997).
3 Id.
4 Id.
5 Id.
6 Id.
7 Professionalism Dos and Don’ts: Working With Opposing Counsel & Other Lawyers (bold added).
8 Professionalism Dos and Don’ts: Depositions (bold added).
9 Cincinnati Bar Association, Professionalism, https://www.cincybar.org/Groups/PRO (accessed November 30, 2025).