DCR 3.113 Professional Courtesy
- A lawyer shall avoid taking action adverse to the interests of a litigant known to be represented without timely notice to opposing counsel unless ex parte proceedings are permitted.
- A lawyer shall promptly return telephone calls and answer correspondence from other lawyers
- A lawyer shall respect opposing counsel's schedule by seeking agreement on deposition dates and court appearance (other than routine motions) rather than merely serving notice.
- A lawyer shall avoid making ill considered accusations of unethical conduct toward an opponent.
- A lawyer shall not engage in intentionally discourteous behavior.
- A lawyer shall not intentionally embarrass another attorney and shall avoid personal criticism of other counsel.
- A lawyer shall not seek sanctions against or disqualification of another attorney unless necessary for the protection of a client and fully justified by the circumstances, not for the mere purpose of obtaining a tactical advantage.
- A lawyer shall strive to maintain a courteous tone in correspondence, pleadings, and other written communication.
- A lawyer shall not intentionally mislead or deceive an adversary and should honor promises or commitments made.
- A lawyer shall recognize that the conflicts within a legal matter are professional and not personal and endeavor to maintain a friendly and professional relationship with other attorneys in the matter - "leave the argument in the courtroom".
- A lawyer shall express professional courtesy to the Court and has the right to expect professional courtesy from the Court.
- Except where excused for good cause by court order, attorneys subpoenaing witnesses are expected to consider and attempt to accommodate the needs and other commitments of the witness. If undue inconvenience to the witness will occur from the issuance of the subpoena, the attorney should explore alternative means of obtaining the evidence, such as the use of alternative witnesses or by written stipulation. When the witness is engaged in providing public service, such as a physician or other professional, the attorney shall endeavor to ensure that the subpoena process does not interfere with the delivery of vital public services.
Revised: May 21, 2008