United States District Court
Northern District of California
http://cand.uscourts.gov/professional_conduct_guidelines
These Guidelines for Professional Conduct are adopted to apply to all lawyers who practice in the United States District Court for the Northern District of California. Lawyers owe a duty of professionalism to their clients, opposing parties and their counsel, the courts, and the public as a whole. Those duties include, among others: civility, professional integrity, personal dignity, candor, diligence, respect, courtesy, cooperation and competence.
These Guidelines are structured to provide a general guiding principle in each area addressed followed by specific examples which are not intended to be all-encompassing.
Every attorney who enters an appearance in this matter shall be deemed to have pledged to adhere to the Guidelines. Counsel are encouraged to comply with both the spirit and letter of these Guidelines. Nothing in these Guidelines, however, shall be interpreted to contradict or supersede any Order of the Court or agreement between the parties. The Court does not anticipate that these Guidelines will be relied upon as the basis for a motion; rather, it is the Court’s expectation that they will be followed as Guidelines.
These Guidelines should be read in the context of the Federal Rules of Civil Procedure, the Local Rules of the United States District Court for the Northern District of California (including, specifically, Civil Local Rule 11-4), the standards of professional conduct required of members of the State Bar of California, and all attorneys’ underlying duty to zealously represent their clients. Nothing in these Guidelines should be read to denigrate counsel’s duty of zealous representation. However, counsel are encouraged to zealously represent their clients within highest bounds of professionalism. The legal profession must strive for the highest standards of attorney behavior to elevate and enhance the service to justice.
1. Responsibilities to the Public
A lawyer should always be mindful that the law is a learned profession and that among its goals are devotion to public service, improvement of the administration of justice, and the contribution of uncompensated time and civic influence on behalf of persons who cannot afford adequate legal assistance.
2. Responsibilities to the Client
A lawyer should work to achieve his or her client’s lawful and meritorious objectives expeditiously and as economically as possible in a civil and professional manner. For example:
a. A lawyer should be committed to his or her client’s cause,but should not permit that loyalty to interfere with giving the client objective and independent advice.
b. A lawyer should advise his or her client against pursuing positions in litigation (or any other course of action) that do not have merit.
3. Scheduling
A lawyer should understand and advise his or her client that civility and courtesy in scheduling meetings, hearings, and discovery are expected as professional conduct. For example:
a. A lawyer should make reasonable efforts to schedule meetings, hearings, and discovery by agreement whenever possible and should consider the scheduling interests of opposing counsel, the parties,witnesses, and the court. Misunderstandings should be avoided by sending formal notice after agreement is reached.
b. A lawyer should not arbitrarily or unreasonably withhold consent to a request for scheduling accommodations.
c. A lawyer should not engage in delay tactics in scheduling meetings, hearings, or discovery.
d. A lawyer should try to verify the availability of key participants and witnesses before a meeting,hearing, or trial date is set. If that is not feasible, a lawyer should try to do so immediately after the meeting, hearing,or trial date is set so that he or she can promptly notify the court and opposing counsel of any likely problems.
e. A lawyer should (i) notify opposing counsel and, if appropriate, the court as early as possible when scheduled meetings, hearings, or depositions must be cancelled or rescheduled, and (ii) provide alternate dates for such meetings, hearings, or depositions when possible.