« Learning Professionalism and Civility - Thoughts for New Members of the Bar | Main | President-Elect and Bar Commission Election Results »

August 06, 2005

Standard 8

Standard 8

by Linda Jones

Editors' Note: A member of the Supreme Court's Advisory Committee on Professionalism will discuss one of the new Standards of Professionalism and Civility with each issue of the Bar Journal. The opinions expressed are those of the member and not necessarily those of the Advisory Committee.

Standard 8 of the Utah Standards of Professionalism & Civility states:

When permitted or required by court rule or otherwise, lawyers shall draft orders that accurately and completely reflect the court's ruling. Lawyers shall promptly prepare and submit proposed orders to other counsel and attempt to reconcile any differences before the proposed orders and any objections are presented to the court.

The Standard is straightforward. It contemplates that lawyers, who are directed to prepare court findings, conclusions, and orders, will serve as a scribe for the court, memorializing the court ruling as though neutral to the cause. Lawyers shall be prompt in preparing such orders. Findings, conclusions and orders that are timely prepared allow the court and opposing counsel to consider them while memories are still fresh, and they allow the litigation to proceed without delays.

If a lawyer preparing an order considers it necessary to include facts or legal propositions not stated in the court's ruling, the lawyer should bring the matter to the court's attention at the time of the ruling or reconcile it with opposing counsel in conjunction with preparing the order. The lawyer should not take the opportunity in preparing the order to improve her position, to exaggerate findings or conclusions, or to supplement the order with additional facts or propositions. The lawyer should not include additional matters in counsel-prepared findings and conclusions in the hope that opposing counsel and the court will fail to notice or appreciate their import to the case.

Where counsel-drafted orders conserve the limited resources of the courts and protect a prevailing party's interests in later proceedings and on appeal, the Standard promotes scrupulous observance of court rulings, efficiency in the proper disposition of matters, civility in litigation, and fairness in the proceedings.

Posted by BarJournal at August 6, 2005 06:58 PM

The Utah State Bar presents this web site as a service to our members and to the public. Information presented in this site is NOT legal advice. Please review the Terms of Use for more policy, disclaimer & liability information - ©Utah State Bar email:webmaster@utahbar.org