be represented and to be worthy of your trust . To the opposing parties and their counsel , I offer fairness , integrity , and civility . I will seek reconciliation and , if we fail , I will strive to make our dispute a dignified one .
To the courts , and other tribunals , and to those who assist them , I offer respect , candor , and courtesy . I will strive to do honor to the search for justice .
To my colleagues in the practice of law , I offer concern for your welfare . I will strive to make our association a professional friendship . To the profession , I offer assistance . I will strive to keep our business a profession and our profession a calling in the spirit of public service .
To the public and our systems of justice , I offer service . I will strive to improve the law and our legal system , to make the law and our legal system available to all , and to seek the common good through the representation of my clients . 1
The State Bar has also issued several “ Aspirational Statements ” that lawyers should consider during litigation . Among other things , these statements call on litigants :
As to opposing parties and their counsel , I will aspire :
( a ) To cooperate with opposing counsel in a manner consistent with the competent representation of all parties . As a professional , I should :
( 1 ) Notify opposing counsel in a timely fashion of any canceled appearance ;
( 2 ) Grant reasonable requests for extensions or scheduling changes ; and
( 3 ) Consult with opposing counsel in the scheduling of appearances , meetings , and depositions .
( b ) To treat opposing counsel in a manner consistent with his or her professional obligations and consistent with the dignity of the search for justice . As a professional , I should :
( 1 ) Be courteous and civil in all communications ;
( 2 ) Respond promptly to all requests by opposing counsel ;
( 3 ) Avoid rudeness and other acts of disrespect in all meetings including depositions and negotiations ;
As to the courts , other tribunals , and to those who assist them , I will aspire :
( c ) To model for others the respect due to our courts . As a professional I should :
( 1 ) Act with complete honesty ; ( 2 ) Know court rules and procedures ; ( 3 ) Give appropriate deference to court rulings ; ( 4 ) Avoid undue familiarity with members of the judiciary ; ( 5 ) Avoid unfounded , unsubstantiated , or unjustified public criticism of members of the judiciary ;
( 6 ) Show respect by attire and demeanor ;
( 7 ) Assist the judiciary in determining the applicable law ; and
( 8 ) Seek to understand the judiciary ’ s obligations of informed and impartial decision making . 2
If lawyers kept these principles in mind during their day-to-day practice , the Georgia judiciary would likely have fewer pet peeves .
1 . Failure to Follow the Rules ( Unif . Sup . Ct . R . 4.3 and Unif . Sup . Ct . R . 17.1 )
The number one pet peeve reported across Georgia was the failure of lawyers to follow the rules for basic notifications to the court — usually with conflict notices and withdrawal notices . Failure to comply with these rules may not only result in the denial of your motion or other requested relief , but could also result in contempt proceedings or other sanctions .
Withdrawals
Uniform Superior Court Rule 4.3 governs the withdrawal of an attorney from pending litigation . The Rule requires three separate documents : ( 1 ) notice to the client providing specific information and notice of a 10- day window to object to the withdrawal ; ( 2 ) a motion ( or written request ) to the Court with specific information ; and ( 3 ) a notification certificate that is filed and mailed to the client and opposing parties . The Rule requires these documents to be sent to the client by the most expedient means available — i . e ., e-mail , hand delivery or overnight delivery ; standard or certified mail is not sufficient . Many of the withdrawals judges receive lack the information specifically required by the rule , e . g . client ’ s last known phone number , client ’ s last known e-mail address . Failure to include the items listed in Rule 4.3 will result in a denial of the motion to withdraw and require the lawyer to expend unnecessary time and expense that could have been avoided . Finally , please remember that filing a motion to withdraw does not mean you can halt work on that client ’ s case , or even worse , fail to appear for a scheduled hearing . You remain counsel of record until the judge signs an order permitting withdrawal .
Scheduling Conflicts
IN THE PROFESSION
Uniform Superior Court Rule 17.1 sets out the rules an attorney must follow when the attorney is scheduled to be in two places at once . The attorney must provide the court the information required by the rule and offer a proposed scheduling resolution . Thankfully , Rule 17.1 sets out the priority to guide lawyers on their proposed resolution :
• Criminal matters prevail over civil matters ;
• Jury trials over non-jury matters ( including bench trials ) 3 ;
• Non-Jury matters with the following priority :
• Hearings with dependency case time limitations and termination of parental rights hearings ;
• Trials ( bench or administrative );
• All other non-jury matters , including appellate arguments , hearings and conferences .
• If conflicting calendars are in the same category , the oldest case takes priority .
Unfortunately , very few lawyers follow the priority rules in their proposed resolutions . What ’ s worse , lawyers assume that filing a conflict letter automatically results in a continuance ; it does not . It is also important to keep in mind that judges communicate with each other , and judges will confirm whether you are in the place you said
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