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At
Coover & Barr, LLC we believe that civility should guide all
of our professional actions and communications. We
subscribe to the standards set forth in the Code of Civility
established by the Maryland State Bar Association in 1997
[reprinted below].
MARYLAND STATE BAR
ASSOCIATION
CODE OF CIVILITY
In
May 1997, the Maryland State Bar Association’s Board of
Governors approved the following aspirational Code of
Civility for all lawyers and judges in Maryland. MSBA
encourages all Maryland lawyers and judges to honor and
voluntarily adhere to the standards set forth in these
codes. Civility is the cornerstone of the legal profession.
LAWYERS’
DUTIES
1.
We will treat all participants in the legal process, in a
civil, professional, and courteous manner and with respect
at all times and in all communications, whether oral or
written. These principles are intended to apply to all
attorneys who practice law in the State of Maryland
regardless of the nature of their practice. We will refrain
from acting upon or manifesting racial, gender, or other
bias or prejudice toward any participant in the legal
process. We will treat all participants in the legal process
with respect.
2. We will
abstain from disparaging personal remarks or acrimony toward
any participants in the legal process and treat everyone
with fair consideration. We will advise our clients and
witnesses to act civilly and respectfully to all
participants in the legal process. We will, in all
communications, speak and write civilly and respectfully to
the Court, staff, and other court or agency personnel with
an awareness that they, too, are an integral part of the
judicial system.
3. We will
not encourage any person under our control to engage in
conduct that would be inappropriate under these standards if
we were to engage in such conduct.
4. We will
not bring the profession into disrepute by making unfounded
accusations of impropriety or attacking counsel, and absent
good cause, we will not attribute bad motives or improper
conduct to other counsel.
5. We will
strive for orderly, efficient, ethical and fair disposition
of litigation, as well as disputed matters that are not yet
the subject of litigation, and for the efficient, ethical,
and fair negotiation and consummation of business
transactions.
6. We will
not engage in conduct that offends the dignity and decorum
of judicial and administrative proceedings, bring disorder
to the tribunal or undermines the image of the legal
profession, nor will we allow clients or witnesses to engage
in such conduct. We will educate clients and witnesses about
proper courtroom decorum and to the best of our ability,
prevent them from creating disorder or disruption in the
courtroom.
7. We will
not knowingly misrepresent, mischaracterize, or misquote
fact or authorities cited.
8. We will
be punctual and prepared for all scheduled appearances so
that all matters may begin on time and proceed efficiently.
Furthermore, we will also educate everyone involved
concerning the need to be punctual and prepared, and if
delayed, we will notify everyone involved, if at all
possible.
9. We will
attempt to verify the availability of necessary participants
and witnesses so we can promptly reschedule appearances if
necessary.
10. We
will avoid ex parte communications with the court, including
the judge’s staff, on pending matters in person (whether in
social, professional, or other contexts), by telephone, and
in letters and other forms of written communication, unless
authorized.
JUDGES’
RESPONSIBILITIES
1.
We will not use hostile, demeaning or humiliating words in
opinions or in written or oral communications with lawyers,
parties or witnesses.
2. We will
be courteous, respectful and civil to lawyers, parties,
witnesses, and court personnel. We will maintain control of
all court proceedings, recognizing that judges have both the
obligation and the authority to ensure that judicial
proceedings are conducted with dignity, decorum and courtesy
to all.
3. Within
the practical limits of time, we will afford lawyers
appropriate time to present proper arguments and to make a
complete and accurate record.
4. We will
make reasonable efforts to decide promptly all matters
presented for decision.
5. We will
be considerate of professional and personal time schedules
of lawyers, parties, witnesses and court staff in scheduling
hearings, meetings, and conferences, consistent with the
efficient administration of justice.
6. We will
be punctual in convening trials, hearings, meetings, and
conferences; if they are not begun when scheduled; proper
and prompt notification will be given.
7. We will
inform counsel promptly of any rescheduling, postponement,
or cancellation of hearings, meetings or conferences.
8. We will
work cooperatively with all other judges and other
jurisdictions with respect to availability of lawyers,
witnesses, parties and court resources.
9. We will
treat each other with courtesy and respect.
10. We
will conscientiously assist and cooperate with other jurists
to assure the efficient and expeditious processing of cases,
while, when possible, accommodating the trial schedule of
all lawyers, parties and witnesses.
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