A PROFILE IN PROFESSIONALISM

Character is what you are when no one is watching you. Ethics incorporates certain character traits such as trustworthiness, respect, responsibility, fairness, caring, and honesty. Professionalism embodies character and ethics. There is no more fundamental value than honesty. When one is honest, people seek, admire, and rely on him or her with the utmost trust. As lawyers, we must endeavor to be included in that group that is sought after, that is admired and on whom reliance can be placed. Honesty encompasses a lawyer’s communications and conduct.

Pauline E. Higgins Vice President and Associate General Counsel J.P. Morgan Chase & Co.

Honesty in Communications. As lawyers, our communications should always set forth the truth as we know it, with no intent to mislead or deceive. Truthfulness, sincerity and candor are key elements of honest communications. A truthful lawyer presents all the facts to the best of his or her knowledge. Intent is a very critical issue in determining truthfulness. As humans, we make mistakes, but we should never confuse being wrong with deception.
Lying is not the same as being incorrect or wrong. Remember, Texas courts recognize that a statement that is literally true may be actionable if used to create an impression that is substantially false. Sincerity spells genuineness in thoughts and actions — actions without trickery, half-truths and misleading silence. In relationships involving legitimate expectations of trust, honesty demands and requires candor, forthrightness and frankness. Professionalism imposes the legal and fiduciary obligation to volunteer information that another individual or your client needs to know.

Honesty in Conduct. To be honest in one’s conduct one has to “play by the rules.” A lawyer should always “play by the rules.” How does one “play by the rules”? There must be no subterfuge, no fraud, no trickery, no cheating and no stealing. When one violates the principle of honesty in conduct, such is a violation of trust and fairness.
The honest lawyer is the lawyer with professionalism and integrity – principles
do not vary at work, at home, in public or alone. As lawyers, we have a higher standard to uphold because our clients come to us in confidence, trusting us to solve their issues, be honest, and to uphold that confidence. We must, therefore, strive each day to have unquestionable integrity. Professionalism and the legal profession require the utmost integrity from every lawyer. Are you a lawyer with unquestionable integrity? If not, why not?