Page 12 - JanuaryFebruary26 Report

“
Our
profession
is
adversarial
in nature,
but our
conduct is
a choice.”
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.
Professionalism and Civility
are a Strength
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 advo-
cating 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 cour-
teous, especially towards your adversaries, it builds
credibility. Thus, professionalism and civility are not
a weakness, but rather a strength.
Resources to Develop Civility
and Professionalism
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.
12 | january/february 2026 cba report
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. Specif-
ically, the Creed not only focuses on our clients, but
also our responsibilities towards opposing parties
and counsel, the courts, the public, and the profes-
sion. 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 advo-
cate 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”