Legal Definitions - etiquette of the profession

The term etiquette of the profession refers to the unwritten rules, customs, and expected standards of courtesy and professional conduct that guide how members of a particular profession, such as law, interact with colleagues, clients, the courts, and the public. These standards often go beyond formal legal ethics rules, focusing instead on maintaining decorum, respect, and a collegial environment within the professional community.

Here are some examples illustrating the etiquette of the profession:

• Granting a Professional Courtesy: Imagine a situation where a lawyer representing one party in a lawsuit contacts the opposing counsel to request a brief extension for a deadline to submit a legal document. The reason for the request is that a key witness unexpectedly became unavailable due to a family emergency. While the court rules might not strictly mandate an extension, the opposing counsel agrees to it, understanding that unforeseen circumstances can arise and that granting such a courtesy helps maintain a cooperative and respectful working relationship between legal professionals.

  This illustrates the etiquette of the profession because the extension is granted not out of legal obligation, but as a professional courtesy. It demonstrates a commitment to collegiality and mutual respect among lawyers, which helps facilitate the smooth functioning of the legal process.

• Conduct in Court: Consider a lawyer who, during a contentious trial, always addresses the judge as "Your Honor" and refrains from interrupting opposing counsel while they are speaking, even if they strongly disagree with the points being made. The lawyer waits for their turn to speak and presents arguments respectfully, even when challenging the other side's position.

  This illustrates the etiquette of the profession by showcasing appropriate decorum and respect for the court's authority and for the opposing party. Such conduct contributes to maintaining the dignity and order of judicial proceedings, which is an unwritten expectation for all legal professionals.

• Confidentiality in Social Settings: A lawyer attends a social gathering with other legal professionals. During a casual conversation, a colleague mentions a recent high-profile case that the first lawyer was involved in. Even though the case is now concluded and there's no formal confidentiality agreement preventing discussion, the lawyer politely steers the conversation away from specific client details or sensitive information, maintaining a general professional demeanor.

  This illustrates the etiquette of the profession because it demonstrates an implicit understanding of the importance of client confidentiality and discretion, even in informal settings. It reinforces trust in the legal profession by showing that lawyers are expected to safeguard client information beyond the strict legal requirements, upholding a standard of professional integrity.