ORDER OF

The Supreme Court of Texas and the Court of The Court of Criminal Appeals
THE SUPREME COURT OF TEXAS
Criminal Appeals hereby promulgate and adopt' 'The
Texas Lawyer's Creed -- A Mandate for Profes­
AND
sionalism" as attached hereto and made a part hereof.
THE COURT OF CRIMINAL APPEALS

In Chambers, this 7th day ofNovember, 1989.

The conduct of a lawyer should be characterized at
all times by honesty, candor, and fairness. In fulfill­
ing his or her primary duty to a client, a lawyer must The Supreme Court of Texas
be ever mindful of the profession's broader duty to the
legal system.

The Supreme Court of Texas and the Court of

Criminal Appeals are committed to eliminating a
practice in our State by a minority of lawyers of
abusive tactics which have surfaced in many parts of Marvin O. Teague, Judge
our country. We believe such tactics are a disservice Justice
to our citizens, harmful to clients, and demeaning to
our profession.
THE TEXAS LAWYER'S CREED-­
The abusive tactics range from lack of civility to
outright hostility and obstructionism. Such behavior AMANDATE FOR PROFESSIONALISM

does not serve justice but tends to delay and often deny
justice. The lawyers who use abusive tactics, instead
of being part of the solution, have become part of the
problem. II PROMULGATED BY =======~
THE SUPREME COURT OF TEXAS

The desire for respect and confidence by lawyers AND

from the public should provide the members of our THE COURT OF CRIMINAL APPEALS

profession with the necessary incentive to attain the

highest degree of ethical and professional conduct.
These rules are primarily aspirational. Compliance
with the rules depends primarily upon understanding
and voluntary compliance, secondarily upon re­
enforcement by peer pressure and public opinion, and
finally when necessary by enforcement by the courts
through their inherent powers and rules already in
existence.
PRINTED AND DISTRIBUTED

These standards are not a set of rules that lawyers

can use and abuse to incite ancillary litigation or COURTESY OF

arguments over whether or not they have been TEXAS BAR FOUNDATION

observed. AND

TEXAS CENTER FOR LEGAL ETHICS

We must always be mindful that the practice oflaw AND PROFESSIONALISM

is a profession. As members of a learned art we

pursue a common calling in the spirit of public ser­
vice. We have a proud tradition. Throughout the
history of our nation, the members of our citizenry
have looked to the ranks of our profession for lead­
ership and guidance. Let us now as a profession each
rededicate ourselves to practice law so we can restore
public confidence in our profession, faithfully serve
our clients, and fulfill our responsibility to the legal
system.
 THE SUPREME COURT OF TEXAS
3. I will be loyal and commited to my client's 5. r will notify opposing counsel, and, if appro­ witnesses to respond to all deposition questions which
lawful objectives, but I will not permit that loyalty and priate, the Court or other persons, as soon as practica­ are reasonably understandable. I will neither encour­
AND
commitment to interfere with my duty to provide ble, when hearings, depositions, meetings, age nor permit my witness to quibble about words
THE COURT OF CRIMINAL APPEALS
objective and independent advice. conferences or closings are cancelled. where their meaning is reasonably clear.
THE TEXAS LAWYER'S CREED -­ 4. I will advise my client that civility and cour­ 6. I will agree to reasonable requests for exten­ IS. I will not seek Court intervention to obtain
A MANDATE FOR PROFESSIONALISM
tesy are expected and are not a sign of weakness. sions oftime and for waiver of procedural formalities, discovery which is clearly improper and not dis­
5. I will advise my client of proper and expected provided legitimate objectives of my client will not be coverable.
behavior. adversely affected. 19. I will not seek sanctions or disqualification
I am a lawyer; I am entrusted by the People of 6. I will treat adverse parties and witnesses with unless it is necessary for protection of my client's
7. I will not serve motions or pleadings in any
Texas to preserve and improve our legal system. I am fairness and due consideration. A client has no right to lawful objectives or is fully justified by the circum­
manner that unfairly limits another party's oppor­
licensed by the Supreme Court of Texas. I must there­ demand that I abuse anyone or indulge in any offen­ stances.
tunity to respond.
fore abide by the Texas Disciplinary Rules of Profes­ sive conduct. S. I will attempt to resolve by agreement my
sional Conduct, but I know that Professionalism 7. I will advise my client that we will not pursue objections to matters contained in pleadings and dis­ IV . LAWYER AND JUDGE
requires more than merely avoiding the violation of conduct which is intended primarily to harass or drain covery requests and responses.
laws and rules. I am committed to this Creed for no the financial resources of the opposing party. 9. I can disagree without being disagreeable. I Lawyers and judges owe each other respect, dili­
other reason than it is right. S. I will advise my client that we will not pursue recognize that effective representation does not gence, candor, punctuality, and protection against
tactics which are intended primarily for delay. require antagonistic or obnoxious behavior. I will unjust and improper criticism and attack. Lawyers
9. I will advise my client that we will not pursue neither encourage nor knowingly permit my client or and judges are equally responsible to protect the dig­
I. OUR LEGAL SYSTEM any course of action which is without merit. anyone under my control to do anything which would nity and independence of the Court and the profes­
10. I will advise my client that I reserve the right be unethical or improper if done by me. sion.
A lawyer owes to the administration of justice per­ to determine whether to grant accommodations to 10. I will not, without good cause, attribute bad
sonal dignity, integrity, and independence. A lawyer opposing counsel in all matters that do not adversely motives or unethical conduct to opposing counsel nor 1. I will always recognize that the position of
should always adhere to the highest principles of affect my client's lawful objectives. A client has no
professionalism. bring the profession into disrepute by unfounded judge is the symbol of both the judicial system and
right to instruct me to refuse reasonable requests accusations of impropriety. r will avoid disparaging
made by other counsel. administration of justice. I will refrain from conduct
personal remarks or acrimony towards opposing that degrades this symbol.
I. I am passionately proud of my profession. II. I will advise my client regarding the avail­ counsel, parties and witnesses. I will not be influ­
Therefore, "My word is my bond. " 2. I will conduct myself in court in a profes­
ability of mediation, arbitration, and other alternative enced by any ill feeling between clients. I will abstain
2. I am responsible to assure that all persons methods of resolving and settling disputes. sional manner and demonstrate my respect for the
from any allusion to personal peculiarities or idio­ Court and the law.
have access to competent representation regardless of syncrasies of opposing counsel.
wealth or position in life. 3. I will treat counsel, opposing parties, the
II. I will not take advantage, by causing any Court, and members of the Court staff with courtesy
3. I commit myself to an adequate and effective
III. LAWYER TO LAWYER default or dismissal to be rendered, w:'en I know the and civility.
pro bono program. identity of an opposing counsel, without first inquir­
4. I am obligated to educate my clients, the 4. I will be punctual.
A lawyer owes to opposing counsel, in the conduct ing about that cOllnsel 's intention to proceed. 5. I will not engage in any conduct which
public, and other lawyers regarding the spirit and of legal transactions and the pursuit of litigation,
letter of this Creed. 12. I will promptly submit orders to the Court. I offends the dignity and decorum of proceedings.
courtesy, candor, cooperation, and scrupulous obser­ will deliver copies to opposing counsel before or 6. I will not knowingly misrepresent, mis­
5. I will always be conscious of my duty to the vance of all agreements and mutual understandings.
judicial system. contemporaneously with submission to the court. I characterize, misquote or miscite facts or authorities
III feelings between clients shall not influence a law­ will promptly approve the form of orders which accu­ to gain an advantage.
yer's conduct, attitude, or demeanor toward opposing rately reflect the substance of the rulings of the Court. 7. I will respect the rulings of the Court.
counsel. A lawyer shall not engage in unprofessional 13. I will not attempt to gain an unfair advantage S. I will give the issues in controversy deliber­
conduct in retaliation against other unprofessional by sending the Court or its staff correspondence or ate, impartial and studied analysis and consideration.
II. LAWYER TO CLIENT
conduct. copies of correspondence. 9. I will be considerate of the time constraints
A lawyer owes to a client allegiance, learning, 14. I will not arbitrarily schedule a deposition, and pressures imposed upon the Court, Court staff
skill, and industry. A lawyer shall employ all appro­ 1. I will be courteous, civil, and prompt in oral Court appearance, or hearing until a good faith effort and counsel in efforts to administer justice and resolve
priate means to protect and advance the client's legiti­ and written communications. has been made to schedule it by agreement. disputes.
mate rights, claims, and objectives. A lawyer shall 2. I will not quarrel over matters of form or 15. I will readily stipulate to undisputed facts in
not be deterred by any real or imagined fear ofjudicial style, but I will concentrate on matters of substance. order to avoid needless costs or inconvenience for any
disfavor or public unpopularity, nor be influenced by 3. I will identify for other counselor parties all party.
mere self-interest. changes I have made in documents submitted for 16. I will refrain from excessive and abusive
review. discovery .
I. T will advise my client of the contents of this 4. I will attempt to prepare documents which 17. I will comply with all reasonable discovery
Creed when undertaking representation. correctly reflect the agreement of the parties. I will requests. I will not resist discovery requests which are
2. I will endeavor to achieve my client's lawful not include provisions which have not been agreed not objectionable. I will not make objections nor give
objectives in legal transactions and in litigation as upon or omit provisions which are necessary to reflect instructions to a witness for the purpose of delaying or
quickly and economically as possible. the agreement of the parties. obstructing the discovery process. I will encourage