A PROFILE IN PROFESSIONALISM

When lawyers my age talk about “professionalism,” they usually reminisce about the old days, suggesting that if lawyers would just act like they used to, the practice would retain its lost dignity.
But “professionalism” is more than cocktails with opposing counsel. It is respect for the law as an institution. That institution is under relentless assault, and if we are to be truly “professional,” we must defend it.

Hartley Hampton Fibich, Hampton & Leebron, L.L.P.

Not long ago, Texas was a state with a strong common law tradition. Stare decisis provided balance, predictability and fairness. There was much less talk of pendulums. Then the Legislature decided to codify that common law, and the auction began. Lobbyists replaced jurists, campaign contributions replaced precedent, and the process evolved from deliberative to opportunistic to downright vindictive.

Professionalism was an inevitable casualty.
The so-called playing field was upended. The Texas Bill of Rights was amended in an election scheduled to insure minimal turnout. Bills retroactively extinguished specific pending cases. Legislators privately complained that they felt “dirty” while they voted to replace centuries of jurisprudence with special interest wish lists.

Judicial politics have also been a factor. Texas is a one-party state that insists on electing judges so we select them in primaries in which only a fraction of the most partisan voters partici-pate. Campaign consultants know that trashing trial lawyers pays off, while running as fair and impartial is a non-starter. The result: political ads that actually emphasize the bias of judicial candidates.
It’s no wonder public confidence in the judicial system has plummeted.

The preamble to our Disciplinary Rules imposes upon all lawyers a “special responsibility for the quality of justice.” That means that we must defend the integrity of the law against those who would buy and sell it.

Unless we all recognize that responsibility, “professionalism” will mean nothing more than good manners.

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