This is an abstract of the program that I co-presented with Craig Dobson and that had more than 600 attendees from all across the country.

Professionalism in Context:  Examples and Approaches

The program focused on development of a philosophy of lawyering, including the relationship between zeal and professionalism.

The rules governing lawyer conduct provide significant discretion to lawyers in how they choose to practice law, but there are limits on what a lawyer can and should do.  Professionalism standards provide one approach to exercising discretion, but professionalism can sometimes be in tension with the concept of zealous representation of clients.  Moreover, professionalism and zeal can be seen as components of a general philosophy of lawyering and living.

The program examined various philosophies of lawyering in the context of specific examples when lawyers must make discretionary decisions.  The following are examples of the types of situations that the presenters we discussed:

• Reporting opposing counsel for misconduct during a pending case
• Filing a motion to disqualify a judge
• Responding to juror misconduct
• Firm obligations regarding mental health of its lawyers and staff during a time of crisis
• Lawyers’ obligations to justice in a time of crisis

For more information, Nathan M. Crystal.