DR 6-102. LIMITING LIABILITY TO CLIENT

Except as permitted in DR 2-111(C), a lawyer shall not attempt to exonerate himself or

herself from or limit his or her liability to a client for personal malpractice.

CANON 7

A Lawyer Should Represent a Client Zealously

Within the Bounds of the Law

ETHICAL CONSIDERATIONS

EC 7-1 The duty of a lawyer, both to his client and to the legal system, is to represent his client

zealously within the bounds of the law, which includes Disciplinary Rules and enforceable

professional regulations. The professional responsibility of a lawyer derives from his

membership in a profession which has the duty of assisting members of the public to secure and

protect available legal rights and benefits. In our government of laws and not of men, each

member of our society is entitled to have his conduct judged and regulated in accordance with the

law; to seek any lawful objective through legally permissible means; and to present for

adjudication any lawful claim, issue, or defense.

EC 7-2 The bounds of the law in a given case are often difficult to ascertain. The language of

legislative enactments and judicial opinions may be uncertain as applied to varying factual

situations. The limits and specific meaning of apparently relevant law may be made doubtful by

changing or developing constitutional interpretations, inadequately expressed statutes or judicial

opinions, and changing public and judicial attitudes. Certainty of law ranges from well-settled

rules through areas of conflicting authority to areas without precedent.

in as applied to varying factual

situations. The limits and specific meaning of apparently relevant law may be made doubtful by

changing or developing constitutional interpretations, inadequately expressed statutes or judicial

opinions, and changing public and judicial attitudes. Certainty of law ranges from well-settled

rules through areas of conflicting authority to areas without precedent.

EC 7-3 Where the bounds of law are uncertain, the action of a lawyer may depend on whether

he is serving as advocate or adviser. A lawyer may serve simultaneously as both advocate and

adviser, but the two roles are essentially different. In asserting a position on behalf of his client,

an advocate for the most part deals with past conduct and must take the facts as he finds them.

By contrast, a lawyer serving as adviser primarily assists his client in determining the course of

future conduct and relationships. While serving as advocate, a lawyer should resolve in favor of

his client doubts as to the bounds of the law. In serving a client as adviser, a lawyer in

appropriate circumstances should give his professional opinion as to what the ultimate decisions

of the courts would likely be as to the applicable law.

Duty of the Lawyer to a Client

EC 7-4 The advocate may urge any permissible construction of the law favorable to his client,

without regard to his professional opinion as to the likelihood that the construction will

ultimately prevail. His conduct is within the bounds of the law, and therefore permissible, if the

position taken is supported by the law or is supportable by a good faith argument for an

extension, modification, or reversal of the law. However, a lawyer is not justified in asserting a

position in litigation that is frivolous.

ofessional opinion as to the likelihood that the construction will

ultimately prevail. His conduct is within the bounds of the law, and therefore permissible, if the

position taken is supported by the law or is supportable by a good faith argument for an

extension, modification, or reversal of the law. However, a lawyer is not justified in asserting a

position in litigation that is frivolous.

EC 7-5 A lawyer as adviser furthers the interest of his client by giving his professional opinion

as to what he believes would likely be the ultimate decision of the courts on the matter at hand

and by informing his client of the practical effect of such decision. He may continue in the

representation of his client even though his client has elected to pursue a course of conduct

contrary to the advice of the lawyer so long as he does not thereby knowingly assist the client to

engage in illegal conduct or to take a frivolous legal position. A lawyer should never encourage

or aid his client to commit criminal acts or counsel his client on how to violate the law and avoid

punishment therefor.

EC 7-6 Whether the proposed action of a lawyer is within the bounds of the law may be a

perplexing question when his client is contemplating a course of conduct having legal

consequences that vary according to the client's intent, motive, or desires at the time of the

action. Often a lawyer is asked to assist his client in developing evidence relevant to the state of

mind of the client at a particular time. He may properly assist his client in the development and

preservation of evidence of existing motive, intent, or desire; obviously, he may not do anything

furthering the creation or preservation of false evidence. In many cases a lawyer may not be

certain as to the state of mind of his client, and in those situations he should resolve reasonable

doubts in favor of his client.

particular time. He may properly assist his client in the development and

preservation of evidence of existing motive, intent, or desire; obviously, he may not do anything

furthering the creation or preservation of false evidence. In many cases a lawyer may not be

certain as to the state of mind of his client, and in those situations he should resolve reasonable

doubts in favor of his client.

EC 7-7 In certain areas of legal representation not affecting the merits of the cause or

substantially prejudicing the rights of a client, a lawyer is entitled to make decisions on his own.

But otherwise the authority to make decisions is exclusively that of the client and, if made within

the framework of the law, such decisions are binding on his lawyer. As typical examples in civil

cases, it is for the client to decide whether he will accept a settlement offer or whether he will

waive his right to plead an affirmative defense. A defense lawyer in a criminal case has the duty

to advise his client fully on whether a particular plea to a charge appears to be desirable and as to

the prospects of success on appeal, but it is for the client to decide what plea should be entered

and whether an appeal should be taken.

EC 7-8 A lawyer should exert his best efforts to insure that decisions of his client are made only

after the client has been informed of relevant considerations. A lawyer ought to initiate this

decision-making process if the client does not do so. Advice of a lawyer to his client need not be

confined to purely legal considerations. A lawyer should advise his client of the possible effect

of each legal alternative. A lawyer should bring to bear upon this decision-making process the

fullness of his experience as well as his objective viewpoint. In assisting his client to reach a

proper decision, it is often desirable for a lawyer to point out those factors which may lead to a

decision that is morally just as well as legally permissible

ld advise his client of the possible effect

of each legal alternative. A lawyer should bring to bear upon this decision-making process the

fullness of his experience as well as his objective viewpoint. In assisting his client to reach a

proper decision, it is often desirable for a lawyer to point out those factors which may lead to a

decision that is morally just as well as legally permissible. He may emphasize the possibility of

harsh consequences that might result from assertion of legally permissible positions. In the final

analysis, however, the lawyer should always remember that the decision whether to forego

legally available objectives or methods because of non-legal factors is ultimately for the client

and not for himself. In the event that the client in a non-adjudicatory matter insists upon a course

of conduct that is contrary to the judgment and advice of the lawyer but not prohibited by

Disciplinary Rules, the lawyer may withdraw from the employment.

EC 7-9 In the exercise of his professional judgment on those decisions which are for his

determination in the handling of a legal matter, a lawyer should always act in a manner consistent

with the best interests of his client. However, when an action in the best interest of his client

seems to him to be unjust, he may ask his client for permission to forego such action.

EC 7-10 The duty of a lawyer to represent his client with zeal does not militate against his

concurrent obligation to treat with consideration all persons involved in the legal process and to

avoid the infliction of needless harm.

EC 7-11 The responsibilities of a lawyer may vary according to the intelligence, experience,

mental condition or age of a client, the obligation of a public officer, or the nature of a particular

proceeding. Examples include the representation of an illiterate or an incompetent, service as a

public prosecutor or other government lawyer, and appearances before administrative and

legislative bodies.

11 The responsibilities of a lawyer may vary according to the intelligence, experience,

mental condition or age of a client, the obligation of a public officer, or the nature of a particular

proceeding. Examples include the representation of an illiterate or an incompetent, service as a

public prosecutor or other government lawyer, and appearances before administrative and

legislative bodies.

EC 7-12 Any mental or physical condition of a client that renders him incapable of making a

considered judgment on his own behalf casts additional responsibilities upon his lawyer. Where

an incompetent is acting through a guardian or other legal representative, a lawyer must look to

such representative for those decisions which are normally the prerogative of the client to make.

If a client under disability has no legal representative, his lawyer may be compelled in court

proceedings to make decisions on behalf of the client. If the client is capable of understanding

the matter in question or of contributing to the advancement of his interests, regardless of

whether he is legally disqualified from performing certain acts, the lawyer should obtain from

him all possible aid. If the disability of a client and the lack of a legal representative compel the

lawyer to make decisions for his client, the lawyer should consider all circumstances then

prevailing and act with care to safeguard and advance the interests of his client. But obviously a

lawyer cannot perform any act or make any decision which the law requires his client to perform

or make, either acting for himself if competent, or by a duly constituted representative if legally

incompetent.

yer to make decisions for his client, the lawyer should consider all circumstances then

prevailing and act with care to safeguard and advance the interests of his client. But obviously a

lawyer cannot perform any act or make any decision which the law requires his client to perform

or make, either acting for himself if competent, or by a duly constituted representative if legally

incompetent.

EC 7-13 The responsibility of a public prosecutor differs from that of the usual advocate; his

duty is to seek justice, not merely to convict. This special duty exists because: (1) the prosecutor

represents the sovereign and therefore should use restraint in the discretionary exercise of

governmental powers, such as in the selection of cases to prosecute; (2) during trial the

prosecutor is not only an advocate but he also may make decisions normally made by an

individual client, and those affecting the public interest should be fair to all; and (3) in our

system of criminal justice the accused is to be given the benefit of all reasonable doubts. With

respect to evidence and witnesses, the prosecutor has responsibilities different from those of a

lawyer in private practice: the prosecutor should make timely disclosure to the defense of

available evidence, known to him, that tends to negate the guilt of the accused, mitigate the

degree of the offense, or reduce the punishment. Further a prosecutor should not intentionally

avoid pursuit of evidence merely because he believes it will damage the prosecution's case or aid

the accused.

f a

lawyer in private practice: the prosecutor should make timely disclosure to the defense of

available evidence, known to him, that tends to negate the guilt of the accused, mitigate the

degree of the offense, or reduce the punishment. Further a prosecutor should not intentionally

avoid pursuit of evidence merely because he believes it will damage the prosecution's case or aid

the accused.

EC 7-14 A government lawyer who has discretionary power relative to litigation should refrain

from instituting or continuing litigation that is obviously unfair. A government lawyer not

having such discretionary power who believes there is lack of merit in a controversy submitted to

him should so advise his superiors and recommend the avoidance of unfair litigation. A

government lawyer in a civil action or administrative proceeding has the responsibility to seek

justice and to develop a full and fair record, and he should not use his position or the economic

power of the government to harass parties or to bring about unjust settlements or results.

EC 7-15 The nature and purpose of proceedings before administrative agencies vary widely. The

proceedings may be legislative or quasi-judicial, or a combination of both. They may be ex parte

in character, in which event they may originate either at the instance of the agency or upon

motion of an interested party. The scope of an inquiry may be purely investigative or it may be

truly adversary looking toward the adjudication of specific rights of a party or of classes of

parties. The foregoing are but examples of some of the types of proceedings conducted by

administrative agencies. A lawyer appearing before an administrative agency, regardless of the

nature of the proceeding it is conducting, has the continuing duty to advance the cause of his

client within the bounds of the law

ry looking toward the adjudication of specific rights of a party or of classes of

parties. The foregoing are but examples of some of the types of proceedings conducted by

administrative agencies. A lawyer appearing before an administrative agency, regardless of the

nature of the proceeding it is conducting, has the continuing duty to advance the cause of his

client within the bounds of the law. Where the applicable rules of the agency impose specific

obligations upon a lawyer, it is his duty to comply therewith, unless the lawyer has a legitimate

basis for challenging the validity thereof. In all appearances before administrative agencies, a

lawyer should identify himself, his client if identity of his client is not privileged, and the

representative nature of his appearance. It is not improper, however, for a lawyer to seek from an

agency information available to the public without identifying his client.

EC 7-16 The primary business of a legislative body is to enact laws rather than to adjudicate

controversies, although on occasion the activities of a legislative body may take on the

characteristics of an adversary proceeding, particularly in investigative and impeachment matters.

The role of a lawyer supporting or opposing proposed legislation normally is quite different from

his role in representing a person under investigation or on trial by a legislative body. When a

lawyer appears in connection with proposed legislation, he seeks to affect the lawmaking

process, but when he appears on behalf of a client in investigatory or impeachment proceedings,

he is concerned with the protection of the rights of his client. In either event, he should identify

himself and his client, if identity of his client is not privileged, and should comply with

applicable laws and legislative rules.

nection with proposed legislation, he seeks to affect the lawmaking

process, but when he appears on behalf of a client in investigatory or impeachment proceedings,

he is concerned with the protection of the rights of his client. In either event, he should identify

himself and his client, if identity of his client is not privileged, and should comply with

applicable laws and legislative rules.

EC 7-17 The obligation of loyalty to his client applies only to a lawyer in the discharge of his

professional duties and implies no obligation to adopt a personal viewpoint favorable to the

interests or desires of his client. While a lawyer must act always with circumspection in order

that his conduct will not adversely affect the rights of a client in a matter he is then handling, he

may take positions on public issues and espouse legal reforms he favors without regard to the

individual views of any client.

EC 7-18 The legal system in its broadest sense functions best when persons in need of legal

advice or assistance are represented by their own counsel. For this reason a lawyer should not

communicate on the subject matter of the representation of his client with a person he knows to

be represented in the matter by a lawyer, unless pursuant to law or rule of court or unless he has

the consent of the lawyer for that person. If one is not represented by counsel, a lawyer

representing another may have to deal directly with the unrepresented person; in such an

instance, a lawyer should not undertake to give advice to the person who is attempting to

represent himself, except that he may advise him to obtain a lawyer.

Duty of the Lawyer to the Adversary System of Justice

the consent of the lawyer for that person. If one is not represented by counsel, a lawyer

representing another may have to deal directly with the unrepresented person; in such an

instance, a lawyer should not undertake to give advice to the person who is attempting to

represent himself, except that he may advise him to obtain a lawyer.

Duty of the Lawyer to the Adversary System of Justice

EC 7-19 Our legal system provides for the adjudication of disputes governed by the rules of

substantive, evidentiary, and procedural law. An adversary presentation counters the natural

human tendency to judge too swiftly in terms of the familiar that which is not yet fully known;

the advocate, by his zealous preparation and presentation of facts and law, enables the tribunal to

come to the hearing with an open and neutral mind and to render impartial judgments. The duty

of a lawyer to his client and his duty to the legal system are the same: to represent his client

zealously within the bounds of the law.

EC 7-20 In order to function properly, our adjudicative process requires an informed, impartial

tribunal capable of administering justice promptly and efficiently according to procedures that

command public confidence and respect. Not only must there be competent, adverse

presentation of evidence and issues, but a tribunal must be aided by rules appropriate to an

effective and dignified process. The procedures under which tribunals operate in our adversary

system have been prescribed largely by legislative enactments, court rules and decisions, and

administrative rules. Through the years certain concepts of proper professional conduct have

become rules of law applicable to the adversary adjudicative process. Many of these concepts are

the bases for standards of professional conduct set forth in the Disciplinary Rules.

s operate in our adversary

system have been prescribed largely by legislative enactments, court rules and decisions, and

administrative rules. Through the years certain concepts of proper professional conduct have

become rules of law applicable to the adversary adjudicative process. Many of these concepts are

the bases for standards of professional conduct set forth in the Disciplinary Rules.

EC 7-21 The civil adjudicative process is primarily designed for the settlement of disputes

between parties, while the criminal process is designed for the protection of society as a whole.

Threatening to use, or using, the criminal process to coerce adjustment of private civil claims or

controversies is a subversion of that process; further, the person against whom the criminal

process is so misused may be deterred from asserting his legal rights and thus the usefulness of

the civil process in settling private disputes is impaired. As in all cases of abuse of judicial

process, the improper use of criminal process tends to diminish public confidence in our legal

system.

EC 7-22 Respect for judicial rulings is essential to the proper administration of justice; however,

a litigant or his lawyer may, in good faith and within the framework of the law, take steps to test

the correctness of a ruling of a tribunal.

EC 7-23 The complexity of law often makes it difficult for a tribunal to be fully informed unless

the pertinent law is presented by the lawyers in the cause. A tribunal that is fully informed on the

applicable law is better able to make a fair and accurate determination of the matter before it.

The adversary system contemplates that each lawyer will present and argue the existing law in

the light most favorable to his client. Where a lawyer knows of legal authority in the controlling

jurisdiction directly adverse to the position of his client, he should inform the tribunal of its

on the

applicable law is better able to make a fair and accurate determination of the matter before it.

The adversary system contemplates that each lawyer will present and argue the existing law in

the light most favorable to his client. Where a lawyer knows of legal authority in the controlling

jurisdiction directly adverse to the position of his client, he should inform the tribunal of its

existence unless his adversary has done so; but, having made such disclosure, he may challenge

its soundness in whole or in part.

EC 7-24 In order to bring about just and informed decisions, evidentiary and procedural rules

have been established by tribunals to permit the inclusion of relevant evidence and argument and

the exclusion of all other considerations. The expression by a lawyer of his personal opinion as to

the justness of a cause, as to the credibility of a witness, as to the culpability of a civil litigant, or

as to the guilt or innocence of an accused is not a proper subject for argument to the trier of fact.

It is improper as to factual matters because admissible evidence possessed by a lawyer should be

presented only as sworn testimony. It is improper as to all other matters because, were the rule

otherwise, the silence of a lawyer on a given occasion could be construed unfavorably to his

client. However a lawyer may argue, on his analysis of the evidence, for any position or

conclusion with respect to any of the foregoing matters.

because admissible evidence possessed by a lawyer should be

presented only as sworn testimony. It is improper as to all other matters because, were the rule

otherwise, the silence of a lawyer on a given occasion could be construed unfavorably to his

client. However a lawyer may argue, on his analysis of the evidence, for any position or

conclusion with respect to any of the foregoing matters.

EC 7-25 Rules of evidence and procedure are designed to lead to just decisions and are part of

the framework of the law. Thus while a lawyer may take steps in good faith and within the

framework of the law to test the validity of rules, he is not justified in consciously violating such

rules and he should be diligent in his efforts to guard against his unintentional violation of them.

As examples, a lawyer should subscribe to or verify only those pleadings that he believes are in

compliance with applicable law and rules; a lawyer should not make any prefatory statement

before a tribunal in regard to the purported facts of the case on trial unless he believes that his

statement will be supported by admissible evidence; a lawyer should not ask a witness a

question solely for the purpose of harassing or embarrassing him; and a lawyer should not by

subterfuge put before a jury matters which it cannot properly consider.

EC 7-26 The law and Disciplinary Rules prohibit the use of fraudulent, false, or perjured

testimony or evidence. A lawyer who knowingly participates in introduction of such testimony

or evidence is subject to discipline. A lawyer should, however, present any admissible evidence

his client desires to have presented unless he knows, or from facts within his knowledge should

know, that such testimony or evidence is false, fraudulent, or perjured.

use of fraudulent, false, or perjured

testimony or evidence. A lawyer who knowingly participates in introduction of such testimony

or evidence is subject to discipline. A lawyer should, however, present any admissible evidence

his client desires to have presented unless he knows, or from facts within his knowledge should

know, that such testimony or evidence is false, fraudulent, or perjured.

EC 7-27 Because it interferes with the proper administration of justice, a lawyer should not

suppress evidence that he or his client has a legal obligation to reveal or produce. In like manner,

a lawyer should not advise or cause a person to secrete himself or to leave the jurisdiction of a

tribunal for the purpose of making him unavailable as a witness therein.

EC 7-28 Witnesses should always testify truthfully and should be free from any financial

inducements that might tempt them to do otherwise. A lawyer should not pay or agree to pay a

non-expert witness an amount in excess of reimbursement for expenses and financial loss

incident to his being a witness; however, a lawyer may pay or agree to pay an expert witness a

reasonable fee for his services as an expert. But in no event should a lawyer pay or agree to pay a

contingent fee to any witness. A lawyer should exercise reasonable diligence to see that his

client and lay associates conform to these standards.

EC 7-29 To safeguard the impartiality that is essential to the judicial process, veniremen and

jurors should be protected against extraneous influences. When impartiality is present, public

confidence in the judicial system is enhanced. There should be no extrajudicial communication

with veniremen prior to trial or with jurors during trial by or on behalf of a lawyer connected

with the case. Furthermore, a lawyer who is not connected with the case should not communicate

with or cause another to communicate with a venireman or a juror about the case

impartiality is present, public

confidence in the judicial system is enhanced. There should be no extrajudicial communication

with veniremen prior to trial or with jurors during trial by or on behalf of a lawyer connected

with the case. Furthermore, a lawyer who is not connected with the case should not communicate

with or cause another to communicate with a venireman or a juror about the case. After the trial,

communication by a lawyer with jurors is permitted so long as he refrains from asking questions

or making comments that tend to harass or embarrass the juror or to influence actions of the juror

in future cases. Were a lawyer to be prohibited from communicating after trial with a juror, he

could not ascertain if the verdict might be subject to legal challenge, in which event the invalidity

of a verdict might go undetected. When an extrajudicial communication by a lawyer with a juror

is permitted by law, it should be made considerately and with deference to the personal feelings

of the juror.

EC 7-30 Vexatious or harassing investigations of veniremen or jurors seriously impair the

effectiveness of our jury system. For this reason, a lawyer or anyone on his behalf who conducts

an investigation of veniremen or jurors should act with circumspection and restraint.

EC 7-31 Communications with or investigations of members of families of veniremen or jurors

by a lawyer or by anyone on his behalf are subject to the restrictions imposed upon the lawyer

with respect to his communications with or investigations of veniremen and jurors.

EC 7-32 Because of his duty to aid in preserving the integrity of the jury system, a lawyer who

learns of improper conduct by or towards a venireman, a juror, or a member of the family of

either should make a prompt report to the court regarding such conduct.

subject to the restrictions imposed upon the lawyer

with respect to his communications with or investigations of veniremen and jurors.

EC 7-32 Because of his duty to aid in preserving the integrity of the jury system, a lawyer who

learns of improper conduct by or towards a venireman, a juror, or a member of the family of

either should make a prompt report to the court regarding such conduct.

EC 7-33 A goal of our legal system is that each party shall have his case, criminal or civil,

adjudicated by an impartial tribunal. The attainment of this goal may be defeated by

dissemination of news or comments which tend to influence judge or jury. Such news or

comments may prevent prospective jurors from being impartial at the outset of the trial and may

also interfere with the obligation of jurors to base their verdict solely upon the evidence admitted

in the trial. The release by a lawyer of out-of-court statements regarding an anticipated or

pending trial may improperly affect the impartiality of the tribunal. For these reasons, standards

for permissible and prohibited conduct of a lawyer with respect to trial publicity have been

established.

EC 7-34 The impartiality of a public servant in our legal system may be impaired by the receipt

of gifts or loans. A lawyer, therefore, is never justified in making a gift or a loan to a judge, a

hearing officer, or an official or employee of a tribunal.

EC 7-35 All litigants and lawyers should have access to tribunals on an equal basis. Generally, in

adversary proceedings a lawyer should not communicate with a judge relative to a matter pending

before, or which is to be brought before, a tribunal over which he presides in circumstances

which might have the effect or give the appearance of granting undue advantage to one party.

For example, a lawyer should not communicate with a tribunal by a writing unless a copy thereof

is. Generally, in

adversary proceedings a lawyer should not communicate with a judge relative to a matter pending

before, or which is to be brought before, a tribunal over which he presides in circumstances

which might have the effect or give the appearance of granting undue advantage to one party.

For example, a lawyer should not communicate with a tribunal by a writing unless a copy thereof

is promptly delivered to opposing counsel or to the adverse party if he is not represented by a

lawyer. Ordinarily an oral communication by a lawyer with a judge or hearing officer should be

made only upon adequate notice to opposing counsel, or, if there is none, to the opposing party.

A lawyer should not condone or lend himself to private importunities by another with a judge or

hearing officer on behalf of himself or his client.

EC 7-36 Judicial hearings ought to be conducted through dignified and orderly procedures

designed to protect the rights of all parties. Although a lawyer has the duty to represent his client

zealously, he should not engage in any conduct that offends the dignity and decorum of

proceedings. While maintaining his independence, a lawyer should be respectful, courteous, and

above-board in his relations with a judge or hearing officer before whom he appears. He should

avoid undue solicitude for the comfort or convenience of judge or jury and should avoid any

other conduct calculated to gain special consideration.

EC 7-37 In adversary proceedings, clients are litigants and though ill feeling may exist between

clients, such ill feeling should not influence a lawyer in his conduct, attitude, and demeanor

towards opposing lawyers. A lawyer should not make unfair or derogatory personal reference to

opposing counsel. Haranguing and offensive tactics by lawyers interfere with the orderly

administration of justice and have no proper place in our legal system.

ants and though ill feeling may exist between

clients, such ill feeling should not influence a lawyer in his conduct, attitude, and demeanor

towards opposing lawyers. A lawyer should not make unfair or derogatory personal reference to

opposing counsel. Haranguing and offensive tactics by lawyers interfere with the orderly

administration of justice and have no proper place in our legal system.

EC 7-38 A lawyer should be courteous to opposing counsel and should accede to reasonable

requests regarding court proceedings, settings, continuances, waiver of procedural formalities,

and similar matters which do not prejudice the rights of his client. He should follow local

customs of courtesy or practice, unless he gives timely notice to opposing counsel of his intention

not to do so. A lawyer should be punctual in fulfilling all professional commitments.

EC 7-39 In the final analysis, proper functioning of the adversary system depends upon

cooperation between lawyers and tribunals in utilizing procedures which will preserve the

impartiality of tribunals and make their decisional processes prompt and just, without impinging

upon the obligation of the lawyer to represent their clients zealously within the framework of the

law.

DISCIPLINARY RULES