Professionalism in the practice of law

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Montana has a code of behavior for attorneys called the professional rules. It requires professionalism, civility, excellence. I’m not sure all Montanans know about the promise that attorneys make to follow this code of behavior. Practicing law is a privilege, and all attorneys promise to obey these rules.

If there are two attorneys arguing in court, then typically half of the attorneys are dissatisfied when the judge issues the order. There’s always a winner and a loser. The professional rules are clear about how attorneys can behave after they lose.

Attorneys cannot defy court orders even after they lose. They can ask for reconsideration or appeal a ruling; that’s okay.

Attorneys cannot attack judges even after they lose. They can disagree with rulings. Newspapers are full of stories with attorneys saying, “we disagree with the ruling.” That’s okay.

If we have a concern about a judge, we use the proper mechanism to complain. We do not disparage judges or the justice system in news or court filings. 

Anger or disappointment should not guide our behavior. The professional rules guide our behavior. When we are sworn in, we promise to uphold the professional rules and laws of this beautiful state. 

Editor’s Note: Billings native Clara Roberts practices law in both California and Montana

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