|
Guidelines
for Conduct of Counsel in Arbitration
The process in general
1.
We give
integrity our first priority by operating in good faith, and assuming that
opposing counsel is also operating in good faith. Our conduct in the
hearing and with other lawyers should at all times be characterized by
honesty, candor and fairness.
2.
We will
expedite the process and avoid unnecessary delay.
3.
In dealing
with opposing counsel, we will reciprocate concessions and return favors
on process issues.
4.
We will not
engage in unfair tricks or actions designed to mislead. We will avoid last
minute surprises; we will give notice to opposing counsel when a change
will occur rather than waiting to be asked about it.
5.
We will
adhere strictly to all express promises to, and agreements with, opposing
counsel, whether oral or in writing, and should adhere in good faith to
all agreements implied by the circumstances or by local custom.
Communications in the
hearing
6.
We agree
that one person speaks at a time. We will not interrupt opposing counsel
or witnesses.
7.
We will
show courtesy to opposing counsel and will avoid dogmatism, posturing,
emotionalism, rudeness, blame and threats.
8.
We will
avoid disparaging personal remarks or acrimony toward opposing counsel or
a witness, and should remain wholly uninfluenced by any ill feeling
between the respective clients. As such we will not yield in these matters
to contrary suggestions or demands of the client or allow any malevolence
or prejudices of the client to influence our action as legal counsel.
9.
We agree
that the lawyer, and not the client, has the sole discretion to determine
the accommodations to be granted opposing counsel in all matters not
directly affecting the merits of the cause or prejudicing the client’s
rights. Consequently, we will not accede to a client’s request that we
act in a discourteous or uncooperative manner toward opposing counsel.
10.
We will not
be unfair or abusive or inconsiderate to adverse witnesses or opposing
litigants. We will not ask any question intended, not legitimately to
impeach, but only to insult or degrade the witness.
11.
We will not
knowingly misquote the contents of a paper, the testimony of a witness,
the language or the argument of opposing counsel, or the language of a
decision.
12.
We will not
assert personal knowledge of facts in issue except when testifying as a
witness.
13.
We will not
state a personal opinion as to the justness of a cause, the credibility of
a witness, or the culpability of a civil litigant. Rather we will discuss
that the evidence and law suggest.
14.
We will
address objections, requests and observations to the arbitrator, not
opposing counsel.
15.
We will
state objections briefly and avoid speeches or witness coaching. A
question should not be interrupted by an objection unless the question is
patently objectionable.
16.
A charge of
impropriety by one lawyer against another in the course of litigation
should never be made except when relevant to the issues of the case and
only upon grounds that suggest a violation of applicable disciplinary
rules that are of the nature to be reported to the appropriate
professional disciplinary authority.
This page is intended to
be printer friendly
Copyright ©2006 Joseph P McMahon
Jr. All rights reserved
|
