What Every Attorney Should Know about Building a Reputation with the Bench

1. What Every Attorney Should Know about Building a Reputation with the Bench Judge Diana Hagen Judge Ryan Harris Judge Christine Johnson Judge Thomas L. Kay

2. General Topics • Credibility • Civility • Professionalism

3. Credibility

4. Utah Rules of Professional Conduct Rule 3.1 “A lawyer shall not bring or defend a proceeding. . . unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification or reversal of existing law.” 

5. Utah Rules of Professional Conduct Rule 3.1 • A lawyer shall not knowingly or recklessly: • make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law . . . • fail to disclose to the tribunal legal authority in the controlling jurisdiction directly . . .

6. Credibility “It takes less time to do a thing right, than it does to explain why you did it wrong.” • Henry Wadsworth Longfellow

7. Standards of Professionalism & Civility Standard 8 “When permitted or required by court rule or otherwise, lawyers shall draft orders that accurately and completely reflect the court’s ruling.”

8. Civility

9. Standards of Professionalism & Civility Standard 1 “Lawyers shall treat all other counsel, parties, judges, witnesses, and other participants . . . in a courteous and dignified manner.”

10. Standards of Professionalism & Civility Standard 2 “Clients have no right to demand that lawyers abuse anyone or engage in any offensive or improper conduct.”

11. Standards of Professionalism & Civility Standard 3 “Lawyers shall not. . . attribute to other counsel or the court improper motives, purpose or conduct” and “should avoid hostile, demeaning, or humiliating words. . .”

12. Standards of Professionalism & Civility Standard 3 “Neither written submissions nor oral presentations should disparage the integrity, intelligence, morals, ethics, or personal behavior of an adversary. . .”

13. Utah Rules of Civil Procedure Rule 11 (Safe Harbor) A motion for sanctions “may not be filed with or presented to the court unless, within 21 days after service of the motion . . . the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.”

14. Standards of Professionalism & Civility Standard 5 “Lawyers shall not lightly seek sanctions and will never seek sanctions against or disqualification of another lawyer for any improper purpose.”

15. Professionalism

16. Be Prepared “Preparation is the be-all of good trial work. Everything else—felicity of expression, improvisational brilliance—is a satellite around the sun. Thorough preparation is that sun.” • Louis Nizer

18. Be On Time “While we keep a man waiting, he reflects on our shortcomings.” • French Proverb

19. Be Helpful

20. The Goal “The real and vital job is to satisfy the court that sense and decency and justice require: (a) the rule which you contend for in this type of situation; and (b) the result that you contend for, as between these parties. Your whole case, on law and facts, must make sense, must appeal as obvious sense, inescapable sense, sense in simple terms of life and justice.” • Karl N. Llewellyn

21. Be Brief “I have already made this paper too long, for which I must crave pardon, not having now time to make it shorter..” • Benjamin Franklin

22. Follow the Rules

23. Build Your Reputation • “Every lawyer has a professional responsibility to provide legal services to those unable to pay.” (Rule 6.1) • “A lawyer may serve as a director, officer or member of a legal services organization. . . ” (Rule 6.3) • “A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration  . . .” (Rule 6.4)

24. Utah Rules of Professional Conduct Rule 3.1 “A lawyer shall not . . . communicate ex parte in an adversary proceeding as to the merits of the case with a judge . . . during the proceeding, prior to full discharge of that person’s duties in the proceeding, unless authorized to do so by law, rule or court order.”