This is the time of the year that seems to be appropriate for us to take a few minutes to re-examine ourselves, with a desire to improve in the coming year. Perhaps we, as members of the bar, should begin this exercise of introspection by examining our ethical standards.
This article is not meant to be a criticism of lawyer conduct or another “Views from the Bench.” Rather, it is intended to challenge each of us to critically examine our own actions and resolve to do better. If you were to ask 10 attorneys to define the word “ethics,” I suspect you may receive 10 different answers. I believe ethics is the foundation of how we human beings treat one another.
Ethics forms the basis for the rule of law that supports the institutions of organized society. Without ethics, we have no rule of law and no system of justice. Society as we know it crumbles. Liberty and opportunity cease and illegitimate power flourishes.
When I have the opportunity of swearing in new lawyers, I try to remind them that our system of ethics is central to the rights we enjoy on a daily basis. I challenge them to become soldiers of the Constitution, to protect and safeguard the rights guaranteed to us that we so often take for granted.
Central to that challenge is the obligation that we each have to conduct ourselves in the highest ethical manner. It is no surprise, then, that the Introduction to the Rules of Professional Conduct states: “The continued existence of a free and democratic society depends upon recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual and the capacity through reason for enlightened self-government.”
The Rules of Professional Conduct present us with a good starting point. And yet, we know that the RPCs are minimum standards from which we each should aspire to achieve more.
Society all too often dictates behavior. And that behavior is not what it should be or what any of us should accept from each other. We are becoming less tolerant of those who are different, less patient with those who express a contrary view and more judgmental after we’ve heard a 30-second sound bite. We lawyers must buck the trend and treat other people — yes, even judges — with courtesy and respect at all times. Even the adversarial nature of what we do does not justify an exception to this principle.
Today, many lawsuits simply sink to the level of name calling, broken promises and outright fabrication. Though it may be extremely difficult, we lawyers must return to the day when our word was our bond, when we would never knowingly deceive anyone, regardless of the stakes. My father taught me that we are born into this world with only one thing: our reputation. It is also, ironically, the only thing we leave with. Let us resolve to keep our reputations from being tarnished.
Thousands of media outlets confirm for us that we are individually special, more special than anyone else. We are told that the world revolves around us and, sadly, we believe it. We ignore the reality that every human being is equal, that we are all placed on this earth for some purpose. Rather than working separately, we must re-learn how to work together; how, for instance, to call opposing counsel to schedule matters on a convenient date; how to be on time for depositions, appointments and court. We must aspire to return to the days of common courtesy.
The pressure to win at any cost is more evident now than ever before. It invades everything we do. Every sporting event is analyzed from the viewpoint of the winner and those who finish second are criticized, written off or simply ignored. Lawyers with contingent fees don’t get paid by finishing second. The temptation to use any tactic to win — fair or unfair, ethical or borderline — is difficult to overcome, yet overcome it we must.
The RPCs require us to be fair to opposing counsel and honest to the unrepresented. They dictate that we must never knowingly falsify evidence, make frivolous discovery requests or seek continuances for the sole purpose of delaying the opposition. They tell us that minimum conduct requires accurate citations to the court, no manipulation of facts or witnesses, no frivolous motions and, above all, total honesty.
It is time for each of us to examine our own conduct with a critical eye. Being an attorney is serious, important work. It is at the same time one of the most rewarding and demanding careers we can pursue. It requires uncompromised ethical conduct.
Our system of justice is the most extraordinary system the world has ever seen. We constantly have citizens from other countries visit us in an effort to emulate us. We are the only country in the world where the mightiest and the most insignificant are to be treated equally. But for our system to succeed, for justice to prevail, it is mandatory that all of us have unquestioned ethical conduct.
At this time of the year, it is appropriate for all of us to look at ourselves critically and resolve to do better.
Judge Richard McDermott was appointed to the King County Superior Court in March 2000. As a judge, he has served as chair of the Board for Court Education and president of the Superior Court Judges’ Association. Since 1999, he has served as an adjunct professor of law at Seattle University teaching Professional Responsibility to second- and third-year law students. He received the Outstanding Faculty Award in December 2004.
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