Preamble
A. Dealing with Opposing Lawyers in General
B. Guidelines for Handling Specific Situations
1. Continuances and Extensions of Time
2. Service of Papers
3. Representations to a Court
4. Communications with Lawyers
5. Depositions
6. Interrogatories
7. Document Requests
8. Motion Practice
9. Emergency and Ex Parte Communication with the Court
10. Settlement and Alternative Dispute Resolution
11. Trials and Hearings
Conclusion
Notes
| This statement has been approved by the Judges of the courts of record in Macon and by the Macon Bar Association. All attorneys within the circuit are encouraged to mail a signed copy of this commitment to opposing counsel in all cases pending within this circuit. | The standards are voluntary and are not to be cited as legal authority in any disciplinary proceeding or civil or criminal action. The standards are designed to promote an awareness of and commitment to professionalism by the members of the Bar who practice in this circuit. |
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1. We will maintain open and respectful
communication with opposing lawyers, and we will strive to avoid
creating unnecessary animosity or contentiousness. We will
not make allegations against another lawyer unless clearly
relevant to the case and well founded.
2. We will respect the schedule of opposing lawyers and be truthful about our own schedule. 3. We will discuss any issue that develops with opposing lawyers in a good faith attempt to resolve it without protracted negotiation or unnecessary litigation, but if it is necessary to litigate an issue, we will strive to present issues efficiently and to avoid needless litigation. |
4. We will make representations on behalf of our
clients in good faith and honesty.
5. We will require those under our control to comply with these guidelines and encourage others to do likewise. |
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a. We will consent to the
first request for a reasonable extension of time to respond to a litigation deadline
unless time is truly of the essence.
b. With later requests for extensions of time, we will continue to give consideration to an opponent's schedule, but we will balance that consideration against the reasonableness of the length of extension requested, the opponent's willingness to consent to reciprocal extensions, the time actually needed for the task, and whether it is likely a court would grant the extension if asked to do so. c. We will inform our clients that the decision whether to consent to extensions of time belongs to the lawyer and not to the client, except where the rights of the client would be clearly jeopardized. |
d. We will not seek extensions or continuances for
the purpose of delay or harassment.
e. We will not attach unfair and extraneous conditions to extensions. We may impose conditions to preserve rights that an extension might otherwise jeopardize and seek reciprocal scheduling concessions. We will not, by consenting to extensions, seek to preclude an opponent's substantive rights. |
| a. We will not use the timing or manner of service of papers to disadvantage an opponent. Accordingly, we will strive not to serve papers so close to a court appearance as to inhibit the ability of opposing lawyers to prepare for the appearance or to respond to the papers, and if we must do so, we will consent to giving opposing parties a fair opportunity to respond. We will not serve papers so as to take advantage of a lawyer's absence from the office or to inconvenience a lawyer or his/her client, such as serving documents requiring prompt reply on Friday afternoon or the day before a secular or religious holiday. | b. We will serve opposing counsel personally or by facsimile transmission when it appears likely that service by mail will prejudice the opposing party. |
| a. In written briefs or memoranda of points and authorities, we will not cite, rely on, or allude to facts that are not properly part of the record or subject to judicial notice. | b. In our written submissions and our oral presentations to the Court, we will not disparage the intelligence, ethics, morals, integrity or personal behavior of another lawyer or his/her client, unless such matters are directly and necessarily in issue and legitimately material and relevant to that issue. |
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a. We will at all times strive to be civil and courteous
in communicating with other lawyers, whether in writing
or orally.
b. We will not use letters to ascribe to another lawyer a position he or she has not taken or to create a false record of events that have not occurred. |
c. Unless specifically permitted or invited by the court, we will not send copies of letters between counsel to the court. |
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a. We will take depositions only where they are
legitimately needed for purposes of the case in which the deposition
is taken. We will not take depositions as a means of
harassment or disadvantaging an opposing party, for the purpose of
generating expenses or fees, or solely to obtain information for
use in other pending or anticipated litigation.
b. In scheduling depositions, we will make reasonable efforts to accommodate the schedules of opposing counsel and of the deponent(s), unless doing so would prejudice our client's rights. Accordingly, before issuing a notice of deposition, we will attempt to contact all counsel of record and to agree on a schedule for all depositions. We will endeavor in good faith to abide by any agreement reached. c. We will not attempt to delay a deposition for dilatory purposes. d. We will not engage in any conduct during a deposition that would be inappropriate in the presence of a judicial officer. |
e. We will not intentionally harass a deponent and
we will endeavor to refrain from repetitive or
argumentative questions. We will not inquire into a deponent's
personal affairs where such inquiry is irrelevant to the subject
matter of the deposition. We recognize that it is "the right of
a witness to be examined only as to relevant matter and
to be protected from improper questions and from harsh
or insulting demeanor." OCGA § 24-9-62.
f. In defending a deposition we will seek to limit objections to those that are well founded and necessary for the protection of a client's interest. While a question is pending, we will not, through objections or otherwise, coach the deponent or suggest answers. g. We will not make self-serving speeches during depositions. |
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a. We will not file interrogatories for the purpose
of harassment or to impose undue burden or expense.
b. We will not read interrogatories in an artificial manner in an attempt to assure that answers are not truly responsive. |
c. We will not object to interrogatories unless the objection is based on our good faith belief in its merit and not for the purpose of withholding relevant information. If an interrogatory is objectionable only in part, we will answer the unobjectionable portion. |
| a. We will limit our requests for production of documents to documents that we actually and reasonably believe are needed for the prosecution or defense of an action. We will not make requests for production to harass or embarrass a party or witness or to impose an inordinate burden or expense in responding. We will not make requests for document production that are so broad as to encompass documents clearly not relevant to the subject matter of the case or so vague that opposing counsel can be reasonably expected to speculate about what is to be produced. |
b. In responding to document requests, we will not
strain to interpret the request in an artificially restrictive
manner in order to avoid disclosure. We will withhold
documents on the grounds of privilege only where we have a
good faith basis for asserting privilege. We will not
intentionally produce documents in a disorganized or
unintelligible fashion in an attempt to hide or obscure the existence
of particular documents.
c. We will not delay document production to prevent opposing lawyers from inspecting documents prior to scheduled depositions or for any other tactical reason. |
| a. Absent justification to do otherwise, before filing or serving a motion, we will engage the opposing lawyer(s) in more than a mere pro forma discussion of its purpose in an effort to resolve the issue. | b. We will respond in good faith to any request for an assent to a motion. |
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a. We will not engage in ex parte communication on
the substance of a pending case with a judge (or his or her
law clerk) before whom such case is pending.
b. Except in bona fide emergency situations where our client would otherwise be seriously prejudiced, we will make diligent efforts to notify the opposing party or a lawyer known to represent or likely to represent the opposing party before making any ex parte application or communication with the Court, and we will make reasonable efforts to accommodate the schedule of such lawyer to per mit the opposing party to be represented on the application. |
c. In case of an emergency or expedited hearing or order, if we know or can reasonably identify the opposing lawyer, we will immediately notify that lawyer by telephone or by facsimile of the hearing or order. If we receive notice of any temporary restraining order or similar order, we will immediately notify our client of such an order and that the client is bound by it even before formal service is made. |
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a. We will raise and explore with our client the issue
of settlement in every case as soon as enough is known
about the case to make that discussion meaningful.
b. We will not falsely hold out the possibility of settlement as a means for adjourning discovery or delaying trial. |
c. In every case we will consider, and discuss with our client, whether the client's interest could be adequately served and the controversy more expeditiously and economically disposed of by arbitration, mediation or other forms of alternative dispute resolution. |
| a. We will be punctual and prepared for any court appearance. | b. We will always deal with parties, other lawyers, wit nesses, jurors or prospective jurors, court personnel and the judge with courtesy and civility. |
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These are the assurances of professionalism that we,
on behalf of our firm, make to you.
_________________________________ _________________________________ |
We encourage you to make the same assurances to
us by signing a copy of this document and returning the
same to us, but our assurance to you is not dependent on
your doing so.
_________________________________ _________________________________ |
This document has been approved by the Judges of the Superior Court, State Court, and Probate Court of Bibb County, and it has received the approval of the Executive Committee of the Macon Bar Association.
The firms listed below have participated in drafting these guidelines, have committed to observe them, and encourage all lawyers and firms to do likewise: Chambless, Higdon & Carson; Jones, Cork & Miller; O'Neal, Brown & Sizemore; Reynolds & McArthur; Sell & Melton; Westmoreland, Patterson & Moseley.
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