CHARM SCHOOL & ETHICS

How charm school principles can make you a more ethical lawyer in PA-E.

INTRODUCTION

Certificate of Achievement

Let's Listen and Learn about Charm◦ Friendship and Popularity

◦ Manners

◦ Physical Grace

◦ Posture and Exercise/Eating for Good Health

◦ Fashions

◦ Foundations

FRIENDSHIP & POPULARITY

Civility and Communication

Civility and Communication◦ Ethics- what you are required to do◦ Professionalism- what you should do◦ Civility- how you do it; courtesy, dignity and kindness◦ Examples of codes:

◦ Chattanooga, Tennessee BALANCE (Be respectful, Act professionally, Litigate with civility, Advocate Zealously, Negotiate with integrity, Communicate timely, Encourage courtesy)

◦ Book suggestions:◦ The Other Guy May Be Right by Bill Haltom about Statesman Howard H. Baker, Jr.◦ George Washington’s Rules of Civility & Decent Behavior

http://www.foundationsmag.com/civility.html◦ Polish Your Poise with Madame Chic, Jennifer Scott

1. Civility

◦Alabama 1887◦Pennsylvania Code of Civility 2000◦ABA◦ Is it important to act with civility?◦Are civility codes a good idea? How should they be enforced?

◦Preamble to Rules of Professional Conduct◦Candor toward the tribunal (Rule 3.3)◦Fairness to the opposing party and counsel

(Rule 3.4) ◦ Impartiality and decorum of the tribunal (Rule

3.5)◦Truthfulness and candor in statements to

others (Rule 4.1)◦Respect for rights of third persons (Rule 4.4)◦Misconduct, such as engaging in conduct that

is prejudicial to the administration of justice (Rule 8.4)

◦ Rule 4.4 Respect for Rights of Third Persons◦ In representing a client, a lawyer shall not use means

that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

◦ Rule 3.5 Impartiality and Decorum of the Tribunal◦ A lawyer shall not:

◦ communicate with a juror or prospective juror after discharge of the jury if:

◦ the communication involves misrepresentation, coercion, duress or harassment;

Nine suggestions for improving civility

◦Law schools◦ Judges◦Be a role model◦Mentor◦Listen to your conscience◦Socialize◦Spread the word◦Organizations◦Network

“The Topic is Civility” Oregon State Bar Bulletin, January 1999

2. Communication

RULE 1.4 COMMUNICATION◦ . (a) A lawyer shall:◦ (1) promptly inform the client of any decision or

circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules;

◦ (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;

◦ (3) keep the client reasonably informed about the status of the matter;

◦ (4) promptly comply with reasonable requests for information; and

◦ (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

◦ (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Rule 1.6 CONFIDENTIALITY OF INFORMATIONa. A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c).

b. A lawyer shall reveal such information if necessary to comply with the duties stated in Rule 3.3.

c. A lawyer may reveal such information to the extent that the lawyer reasonably believes necessary:

◦ 4. to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim or disciplinary proceeding against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;

Rule 1.6 (continued)

d. A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

Cross reference:

Rule 1.1 Comment 6

Rule 1.6(c)

Rule 1.6 Comment 16

Formal Opinion 2011-200

Formal Opinion 2011-200◦ An attorney may ethically allow client confidential materials to be stored in

“the cloud” provided the attorney takes reasonable care to assure that (1) all such materials remain confidential, and (2) reasonable safeguards are employed to ensure that the data is protected from breaches, data loss and other risks. See Rule 1.1 Competence, Comment 8 regarding technology

◦ Where is the server? Have you investigated the provider?◦ What do the terms of service provide?◦ Is data backed up? Firewalls installed? Encryption?◦ Many useful checklists in the opinion

◦ ABA “Issues Paper Concerning Client Confidentiality & Lawyers’ Use of Technology” (Sept. 20, 2010)

WHAT IS A CHARMING LAWYER TO DO?

◦Donnie defendant filed a 2255 against you alleging the you sold him out to the government. How do you respond?

◦ FORMAL OPINION 2014-200

Rule 1.6(a) prohibits lawyers who do not have the client’s informed consent from revealing information relating to “representation of a client” with certain limited exceptions “Information relating to representation” is generally recognized to be very broad and is not limited to secrets or confidences. Pennsylvania Ethics Handbook, 2011ed.

…even if that information is otherwise publicly available.

RPC 1.6

RPC 1.9

MANNERSConfidences, listening

Practical Pointers to Avoid ComplaintsRule 1.6 Confidentiality of Information *

◦ Don’t be careless.

◦ Do keep a reputation for strict adherence to guarding confidences.

◦ Don’t share client information with their relatives or friends without consent.

◦ Do maintain your client’s trust by never speaking about the cases of other clients to them.

◦ Don’t have confidential discussions with your client in a crowd.

◦ Do be sure your client feels secure to discuss matters without others overhearing.

◦ Don’t fail to warn of potential situations where loose lips sink ships.

◦ Do tell clients that attorney-client privilege is at risk if a third person is present.

◦ Don’t give client their files without checking file for other client’s information.

◦ Do caution legal assistants. *Tennessee Board of Professional Responsibility

Other Practical Pointers*◦ Rule 1.3 Diligence

◦ Don’t continue cases for your convenience. Do have fail proof reminder and calendar system.◦ Don’t delay cases when important client objects or goals are on the

line. Do document to the file and explain delays.◦ Don’t give clients unrealistic expectations. Do warn upfront about

time frame and delays that may occur.◦ Rule 1.1 Competence◦ Don’t take cases in new areas without time. Do access a mentor.◦ Don’t guess if in doubt about obligations. Do review Rule 8.

◦ *Tennessee Board of Professional Responsibility

GW’s Rule 18Read no Letters, Books, or Papers in Company but when there is a Necessity for the doing of it you must ask leave: come not near the Books or Writings of Another so as to read them unless desired or give your opinion of them unasked also look not nigh when another is writing a Letter. (Editor’s comment: substitute electronic device for books and papers.)

PHYSICAL GRACEBody Language

Be respectful.

◦ Imagine picture of Justice Alito rolling his eyes.

◦ George Washington’s Rules: 12thShake not the head, Feet, or Legs roll not the Eyes lift not one eyebrow higher than the other wry not the mouth, and bedew no mans face with your Spittle, by approaching too near him when you Speak.

No huffing & puffing.

Respect personal space.

Be a good listener.

Be relaxed.

Maintain steady eye contact.

POSTURE, EXERCISE, EATING

WELLWellness

Sleep/rest

Emotional/social

Physical

Nutrition

◦George Washington 6thSleep not when others Speak.

BETH’S RULES1. Put your family relationships first.

2. Make friends who are not lawyers.

3. Learn to prioritize and manage time.

4. Take care of your health- mental, physical, spiritual.

5. Sleep.

6. Do nice things for others.

7. Take cleansing breaths at the beginning and at the end of the day.

8. Have a hobby or two.

9. Leave beneath your means.

10. Give away time and money.

Another Resource◦ Board Notes, Special Edition 2016, Mental Health & Substance Abuse

Information for Tennessee Attorneys◦ https://s3.amazonaws.com/bpr_website/pdf_downloads/pdfs/000/0

00/129/original/Special_Board_notes_FINAL.pdf?1467314156

FASHIONSRespect

◦ Remember Glamour magazine’s fashion Do’s and Don’t’s

Know your judge.

Do not wear anything distracting.

Play it safe.

GW’s Rule #7

FOUNDATIONSFiles

Are there ethical implications when writing?

How long do I have to keep these files?

CERTIFICATE OF ACHIEVEMENT(Your Name) having completed the course in Charm School and Ethics is hereby awarded

this Certificate of Achievement.