Wednesday, September 28, 2011

Practicing Law

It's a practice, not a perfect.  Yet, the ethical standards of representation are always increasing - see the USSC Padilla decision for a recent change that will have huge implications on things like advising on sex offender registration and mandated hard time, as well as the immigration consequences the decision addresses directly.

At the same time, we all know attorneys who aren't even hitting (or aiming for?) the minimums of professional courtesy.  The men who call fellow attorneys "honey" or "sugar" because they are women.  The women who flirt a little too freely with judges hoping to curry favor.  The attorneys who bully other professionals on a case - most often in my experience, children's division/DFS workers, secretaries, and therapists. 

These aren't necessarily board reportable or ethics complaints, but they are for sure a big problem in the field.  There is nothing at all wrong with being a fierce advocate for your client; there is something very wrong with using your power to insult or demean others. 

I saw this yesterday, when a fellow attorney in a family support team meeting stepped over the ethical boundaries of approaching a represented party, and then proceeded to call her "honey" and bully social workers who tried to shut down his incredibly unethical and unprofessional behavior. 

So, service message here is - if you wouldn't treat your mom or dad like that, you might want to think twice before you do it to another profession, to a client, or to a judge.

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