Sometimes it is useful to go back and recap certain basic aspects of the practice of law.
The lawyers have the (harmful) habit of handling litigation processes as if they were personal problems, forgetting that the practice of the profession requires us to maintain the highest standards of respect, honor and loyalty, and in this case I am not referring to loyalty to the client, but to “procedural loyalty”.
Therefore, it is necessary for us to remember that there is a “Code of Ethics of the Law Professional” which in some of its provisions, expresses the following:
“…Art. 1.- The essential duties that the legal profession imposes on every legal professional are: probity, independence, moderation and fellowship.
PARAGRAPH: The legal professional must act with irreproachable dignity, not only in the exercise of the profession, but also in his private life, his conduct must never infringe the rules of honor and delicacy that characterizes every good man.
Art. 2.-The legal professional must be loyal and truthful and must act in good faith, therefore he shall not advise any fraudulent act nor shall he make in his writings quotations contrary to the truth. For the legal professional, the justice of the thesis he defends shall always come before his own interest.
Art. 3. – In his life the legal professional must take care of his honor with all care, avoiding anything that may affect his economic independence, compromise his decorum or diminish, even in the slightest degree, the general consideration that he must always deserve. He must therefore conduct himself with the utmost moral rigor. The private conduct of the legal professional shall conform to the rules of honor, dignity and decorum, observing the courtesy and consideration imposed by the duties of mutual respect among legal professionals.
Art. 4.- Legal professionals must respect and ensure respect for the law and the legally constituted public authorities. The lawyer as an auxiliary and servant of justice and collaborator in its administration, must not forget that the essence of his professional duty consists in defending the rights of his client with diligence and strict subjection to the legal norms and moral law.
Art. 5. – In his verbal or written pleadings, the legal professional must use the appropriate moderation and energy, trying to say only what is necessary for the defense of the rights of the party he is sponsoring. When he has to criticize judicial decisions or the arguments of his opponent, he should refrain from any violent or sarcastic expression; and if the seriousness of the case demands energy in the expression, he should, however, refrain from any useless vexation and improper violence….”
Being a good lawyer is not equivalent to duplicity of personality. To improve as professionals, we must change as people. Conducting ourselves properly, maintaining appropriate voice levels on the witness stand, and outlining arguments without disrespectful components is not synonymous with “bad lawyer.” It is synonymous with “Lawyer with Professional Ethics”, AND THAT IS THE MINIMUM to which we should all aspire.