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A PROFILE IN PROFESSIONALISM
Perhaps the most unnoticed provision of the Rules of Civil Procedure is the very first rule. Rule 1 of the Federal Rules provides that the Rules “shall be construed and administered to secure the just, speedy and inexpensive determination of every action.” Rule 1 of the Texas Rules contains a similar provision. How many “actions” have you seen today that were “inexpensively determined?” Discovery costs, especially electronic discovery, expert witness fees, hourly rates and hourly billing, and financial pressures associated with ever-rising starting salaries, have all contributed to closing the door of the courthouse to many individuals and entities with legitimate claims and defenses. Even those who are able to afford the high costs, and are willing to accept the outcome risks associated with litigation, may forego their rights in order to avoid the significant transactional costs. Little wonder that jury trials are “vanishing.” Professionalism: A Lawyer’s Mandate, published by the Houston Bar Association, is quite clear on this point, and does not limit the obligation to litigation: “I will endeavor to achieve my client’s lawful objectives in business transactions and in litigation as expeditiously and economically as possible.” We must always be mindful of this important professional guidepost.
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