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In recognition that the Code of Professional Responsibility establishes only the minimum standard of conduct and in recognition of the need to engage in a high level of professional courtesy, it is the desire of the Boulder County Bar Association and its members to improve professional courtesy and to improve the professional relationships among members of the Boulder County Bar Association. Therefore, the Boulder County Bar Association adopts the following Standards of Professional Courtesy:

1. In all professional activities, lawyers should maintain a cordial and respectful demeanor and should be guided by a fundamental sense of integrity and fair play.
2. Lawyers and their staff should treat other lawyers, opposing parties, the courts, and all staff personnel in a courteous and civil manner at all times. Lawyers shall not disparage opposing counsel, other parties or the court.
3. Lawyers should honor promises and commitments, both oral and written, to other lawyers and to the court.
4. Lawyers should be punctual in all matters including court appearances, appointments with clients, returning telephone calls, and in all other communications.
5. Lawyers should never deceive another lawyer, the court, or clients.
6. Lawyers should not use information requests or discovery proceedings for any purpose other than legitimate ones. Information requests and discovery should never be used for the purpose of harassment or delay.
7. Whenever possible, lawyers should reach agreement on preliminary procedural and factual matters and enter into written stipulations when appropriate.
8. Whenever possible, lawyers should agree to schedule matters with a view toward accommodating the needs of opposing parties, and generally engage in a spirit of cooperation without abandoning the role of an advocate.
9. Lawyers should recognize and explain to their clients that while they are advocates for their clients they also are required, both as lawyers and as officers of the court, to deal honestly and fairly with everyone involved in the legal matter, including opposing counsel and judges.
10. Lawyers should not become too closely associated with client's activities or emotionally involved with clients.

A lawyer's primary duty is to the client. But in striving to fulfill that duty, a lawyer must be ever conscious of the broader duty to the judicial system that serves the public.

A lawyer owes, to the judiciary, candor, diligence and utmost respect.

A lawyer owes, to opposing counsel, a duty of courtesy and cooperation, the observance of which is necessary for the efficient administration of our system of justice and the respect of the public it serves.

A lawyer owes, to the administration of justice, the fundamental duties of personal and professional integrity.

In furtherance of these fundamental concepts, the following Guidelines of Professional Courtesy are hereby adopted.

1. General Statement

(a) Lawyers should treat each other, the opposing party, witnesses, the court and all staff personnel with courtesy and civility and conduct themselves in a professional manner at all times.

(b) A client has no right to demand that counsel abuse the opposite party or indulge in offensive conduct. A lawyer shall always treat adverse witnesses and parties with fairness and consideration.

(c) In adversary proceedings, clients are litigants and though ill feeling may exist between clients, such ill feeling should not influence a lawyer's conduct, attitude, or demeanor towards opposing lawyers.

(d) In appropriate cases, a lawyer should counsel a client with respect to mediation, arbitration, and other alternative methods of resolving disputes.

2. Discussion

(a) A lawyer should not engage in discourteous or offensive conduct with opposing counsel, whether on the telephone, in correspondence, at hearings, depositions or at any other time when involved in the representation of clients. In all contacts with the court and court personnel, counsel should treat the court and its staff with courtesy and respect and without regard to whether counsel agrees or disagrees with rulings of the court in any specific case. Further, counsel should not denigrate the court or opposing counsel in private conversations with their own client. We should all remember that the disrespect we bring upon fellow members of the bar and the judiciary reflects on us and our profession as well.

(b) Lawyers should be punctual in fulfilling all professional commitments and in communicating with clients, fellow lawyers, and the court.

1. General Statement

(a) Lawyers should make reasonable efforts to conduct all discovery by agreement.

(b) A lawyer should not use any form of discovery, or the scheduling of discovery, as a means of harassing opposing counsel or his client.

(c) Requests for production should not be excessive or designed solely to place a burden on the opposing party, for such conduct in discovery only increases the cost, duration, and unpleasantness of any case.

2. Scheduling

Lawyers should, when practical, consult with opposing counsel before scheduling hearings and depositions in a good faith attempt to avoid scheduling conflicts.

3. Discussion

General Guidelines

(a) When scheduling hearings and depositions, lawyers should communicate with the opposing counsel in an attempt to schedule them at a mutually agreeable time. This practice will avoid unnecessary delays, expense to clients, and stress to lawyers and their secretaries in the management of the calendars and practice.

(b) If a request is made to clear time for a hearing or deposition, the lawyer to whom the request is made should confirm that the time is available or advise of a conflict within a reasonable time (preferably the same business day, but in any event before the end of the following business day).

(c) Conflicts should be indicated only when they actually exist and the requested time is not available. The courtesy requested by this guideline should not be used for the purpose of obtaining delay or any unfair advantage.

Exceptions to General Guidelines

(a) A lawyer who has attempted to comply with this rule is justified in setting a hearing or deposition without agreement from opposing counsel if opposing counsel fails or refuses promptly to accept or reject a time offered for hearing or deposition.

(b) If opposing counsel raises an unreasonable number of calendar conflicts, a lawyer is justified in setting a hearing or deposition without agreement from opposing counsel.

(c) If opposing counsel has consistently failed to comply with this guideline, a lawyer is justified in setting a hearing or deposition without agreement from opposing counsel.

(d) When an action involves so many lawyers that compliance with this guideline appears to be impractical, a lawyer should still make a good faith attempt to comply with this guideline.

(e) In cases involving extraordinary remedies where time associated with scheduling agreements could cause damage or harm to a client's case, then a lawyer is justified in setting a hearing or deposition without agreement from opposing counsel.

4. Minimum Notice for Depositions and Hearings

(a) Depositions and hearings should not be set with less than one week notice except by agreement of counsel or when a genuine need or emergency exists.

(b) If opposing counsel makes a reasonable request which does not prejudice the rights of the client, compliance herewith is appropriate without motions, briefs, hearings, orders and other formalities and without attempting to exact unrelated or unreasonable consideration.

5. Canceling Depositions, Hearings, and Other Discovery Matters

General Statement

(a) Notice of cancellation of depositions and hearings should be given to everyone affected at the earliest possible time.

Discussion

(a) Early notice of cancellation of a deposition or vacation of a hearing avoids unnecessary travel and expenditure of time by opposing counsel, witnesses, and parties. Also, early notice to the court allows the time previously reserved to be used for other matters.

(b) Failure to provide notice of the cancellation of a deposition or vacation of a hearing to everyone affected at the earliest possible time lacks courtesy and consideration.

1. General Statement

Lawyers should not attempt to unfairly gain advantage by delay in service of pleadings or correspondence upon opposing counsel.

2. Discussion

(a) When pleadings or correspondence are mailed to the court, copies should be mailed the same day to all other counsel of record, both local and out of town.

(b) When pleadings or correspondence are hand delivered to the court and a response is due or a hearing is scheduled within seven (7) days, or a ruling by the court is expected promptly, such papers should be hand delivered, faxed, or sent by overnight mail to opposing counsel.

1. General Statement

(a) Lawyers should stipulate to procedural and undisputed matters not inconsistent with the client's interests.

(b) Lawyers should abide by all promises and agreements with opposing counsel, whether oral or in writing.

2. Discussion

(a) Lawyers should be willing to agree to and stipulate to procedural and undisputed matters to avoid unnecessary utilization of court time and inconvenience. In doing so, the counsel seeking a stipulation should request a stipulation in writing.

(b) Opposing counsel should promptly inform the counsel requesting the stipulation whether the stipulation is agreeable so that a decision can be made by the party seeking a stipulation as to whether a hearing will be necessary.

(c) A reasonable time to respond generally is no more than one week from the time the request for stipulation is received, unless circumstances require a quicker response.

(d) In the preparation of agreements, achievement of a jointly desired common goal is often hindered by the practice of preparing draft agreements which include terms neither desired not insisted upon by the party. When preparing a draft of an agreement, a lawyer should attempt to state the true anticipated agreement of the parties and avoid inclusion of terms which would hinder the finalization of the agreement.

(e) It is appropriate to honor requests of opposing counsel made during trial which do not prejudice the rights of the client or sacrifice tactical advantage. For example, counsel should disclose the identity and order of witnesses to be called, the next deposition to be read, estimates of time and other matters routinely encountered in trial.

1. General Statement

Reasonable extensions of time should be granted to opposing counsel where such extension will not have a material effect on the rights of the client.

2. Discussion

(a) Because we all live in a world of deadlines, additional time is often required to complete a given task.

(b) Traditionally, members of this bar association have readily granted any reasonable request for an extension of time as an accommodation to opposing counsel who, because of a busy trial schedule, personal emergency, or heavy work load, needs additional time to prepare a response or comply with a legal requirement.

(c) This tradition should continue, provided, however, that no lawyer should request an extension of time solely for the purpose of delay or to obtain any unfair advantage.

(d) Counsel should make every effort to honor previously scheduled vacations of opposing counsel which dates have been established in good faith.

1. General Statement

(a) Only lawyers may appear in court on substantive matters.

(b) Non-lawyers may communicate with court personnel regarding scheduling matters and other nonsubstantive matters.

2. Discussion

(a) Lawyers should make no attempts to obtain an advantage in a case by an ex parte communication with the court.

(b) Lawyers should avoid arguments or posturing through unnecessary inclusion of the court in correspondence. If a matter does not merit the filing of a motion or of an agreed order, it does not warrant involving the judge or clerk in correspondence or with copies of correspondence to the opponent. Only correspondence which has been requested by the court, or is merely filed to record the service of documents, should be sent to the court.

1. General Statement

(a) The Standards of Professional Courtesy and the Guidelines of Professional Courtesy set forth fundamental concepts regarding the conduct of lawyers toward one another, of judges toward lawyers and lawyers to judges, of lawyers toward staff personnel and of lawyers toward clients.

(b) These concepts are designed to enable conciliation to occur regarding the behavior of a lawyer or a judge which is contrary to these Standards of Professional Courtesy and these Guidelines.

(c) To further the Standards of Professional Courtesy and to give these Guidelines greater meaning and understanding, the Boulder County Bar Association will have a standing Committee known as the Committee on Professional Conduct. This Committee will engage in educational activities, counseling activities, receiving complaints, and in the conciliation regarding violations, or perceived violations, of the Standards of Professional Courtesy or of these Guidelines.

2. Discussion

(a) An individual who thinks that there has been a violation of the Standards of Professional Courtesy or of these Guidelines may confidentially report a violation to the on-call member of the Committee on Professional Conduct or to the Executive Director of the Boulder County Bar Association.

(b) The Boulder County Bar Executive Director will refer the complaint received to the Committee on Professional Conduct.

(c) If the on-call member of the Committee on Professional Conduct deems it appropriate, the complaint may be resolved by that member and such resolution shall be reported to the full Committee at its next regularly scheduled meeting. However, in most instances, the on-call member shall report the complaint to the Committee at its regularly scheduled meeting to discuss the appropriate means for conciliation of the conduct.

(d) The Committee shall then address the complaint in a fashion which will most likely result in an expeditious resolution of the complaint. The Committee Chair shall keep a confidential file of all complaints received. Committee members may resolve complaints received through informal discussions, conciliation, or in any other manner that will resolve a complaint courteously, professionally, and promptly.