It is vital to our
democracy that citizens have confidence in the fairness and efficiency
of our legal system. As a lawyer, your conduct plays a large role in
inspiring or discouraging that confidence. Call to mind the oaths that
each of you just swore or affirmed just a few moments ago. You are now
an attorney and a commissioner of the Superior Court. You are a part of
the system of justice in this state and you owe responsibilities to both
your clients and the court.
We have an
adversarial system of justice. That system is founded on the belief that
heated and reasoned debate on an issue, a debate resolved by principled
and fair judges, will lead to just outcomes. Your role as a zealous
advocate requires you to explore all sides of an issue, to assert claims
and defenses on behalf of your client and to act in conformity with your
client's best interests. You are an advisor and an advocate to your
clients - your representation enables them effectively to assert their
legal rights. Although advocacy is your highest duty, you must always be
mindful that your duty to the court requires you to adhere to the rules
of professional conduct as you zealously assert your client's position.
I hope you will
consider some advice from someone who has spent time on both sides of
the bench. Do not forget that, in all of your activities as lawyer, you
are also your own client. We, as judges, understand and appreciate your
role as an advocate just as we ask you to understand and appreciate our
role in trying to resolve disputes in accordance with the law. But, you
must keep in mind your duties to the court. Do not look lightly upon
these obligations, for we, as judges, rely upon you to uphold the high
ethical standards of your profession. Effective advocacy never excuses
misstatements of law or fact to the court. I implore you to read and
re-read the rules of professional conduct and diligently to follow the
standards of conduct established by your profession.
Following our rules
of conduct, however, is only a starting point for the truly exceptional
lawyer who demonstrates civility and professionalism. Strive to create a
reputation not as a fierce advocate who will go to any lengths to win
the case, but one who acts with fairness and civility in advancing his
or her client's position. As you begin your practice of law, you have
the advantage of an unmarked reputation. Take care to build and protect
your reputation over time, for it will be one of your greatest assets.
Practice civility
in all of your professional activities. Civility is difficult to
legislate, but easy to identify in practice. You probably did not learn
about civility in your law school studies and there are no rules of
civility to study. However, without civility, the character and
integrity of our profession suffers and that is something that all of us
as citizens, but even more so as attorneys, should pause to consider.
As you look at your
fellow lawyers seated at your side today, recall that they, like you,
will owe a duty to their clients. Although the courtroom might be viewed
as a battleground for resolving legal disputes, your relationships with
your fellow lawyers should not be marked by hostility. Civility is
demonstrated in your interactions with any persons that you associate
during the course of your workday, whether it be your client, your
fellow lawyers, judges or court staff. It is seen in conduct and
communication that reflects professional behavior, respect and courtesy.
Demonstrate respect for the legal system. Do not use the procedures of
the law for illegitimate purposes or to harass and intimidate others.
Demonstrate respect for the judges, lawyers and public officials who
serve the legal system.
Foster a high
standard of professionalism and integrity, as well. Working hard for
your client is not inconsistent with playing fair. If you demonstrate
honesty, attorneys and judges will come to rely upon your
representations. If you demonstrate qualities such as courtesy and
punctuality, you will likely be shown the same. Set yourself apart from
conduct that reflects rudeness, insulting behavior, obstructionist
conduct and personal attacks. This type of conduct draws the ire of the
court as well as payback from opposing counsel - it has no place in
settling disputes in a court of law. Rely upon the force of your written
word and your arguments to reflect your excellence and preparation.
I urge you to
demonstrate advocacy to your clients, excellence in your professional
work and civility. These attributes will constitute a professional
reputation of which you can be proud and will serve both you and our
profession well. Do not sell the honor that you have achieved today, or
the reputation for integrity and character that you create in the years
to come, for any client or any fee. Embark on your career with a sense
of pride and humility. Endeavor to make a mark on our profession so as
to restore it to a place of esteem in our society. By doing so, you will
encourage others to view our profession, and its honored place in our
system of government, with respect.
I would like to
give you a little more advice, advice of a more personal nature. Take
pride in the fact that, in becoming an attorney, you have accomplished
something that is difficult to obtain and is truly special. Look back
upon the sacrifices that are common to each of us who has become a
member of the bar. You have spent countless hours studying the law, both
during law school and in preparation for the bar examination. Besides
the investment of your time, you have invested considerable finances,
effort and, need I say, angst, in achieving your goal. Take a moment to
appreciate your own efforts and to realize that hard work and
determination has brought you to this day.
Take a moment to
think about your family, your loved ones and your friends, whether they
are joining you at this ceremony or not. Thank those who have helped you
grow, who have given you emotional support, financial support or have
perhaps encouraged you to stick with it during your legal education and
in preparation for the bar examination. Think about what your
accomplishment means to them. Becoming an attorney is a milestone in
your life, and your achievement is undoubtedly a source of genuine pride
for those who have supported you, as well it should be. Celebrate this
special day with your loved ones in some way, for it is one of those
truly happy occasions that, unfortunately, are few and far between in
life.
On behalf of all of
my colleagues on the Appellate Court, I wish you much success in your
career in the practice of law. Congratulations.
