Sections & Committees

ATTORNEY PROFESSIONALISM

While different people may have different views as to what constitutes attorney professionalism, one approach could be that a professional lawyer is characterized by civility to adversaries, officials, colleagues, clients and others, and by integrity, decency and client service - always with an eye towards advancing the ethical code of the profession.  

Everything that is positive is not necessarily required.  But that should not stop attorneys from consistently aspiring to ever-higher standards of conduct.  It is worthy of note that, even though attorneys sometimes explore the outer edges of what the ethical rules require, attorneys, unlike many others, at least have ethical rules by which they are required to live.  It is so much the better when attorneys aspire to go beyond what may be absolutely required.  Sometimes complying with the letter of a law or standard is not enough; sometimes, it is right and appropriate to be sure that one is complying in spirit.

Client service arguably lays the overall foundation for professionalism.  But there is more.  That service must be performed with the recognition that the attorney and client comprise just one aspect of the legal system.  As one focuses on adversaries, fellow practitioners, court and other governmental officials, it becomes evident that the faces of the legal system are many.  Yet we are all people, and our commitment to promoting respect for and development of the law and legal process, and to having continuing respect for each other, should always be a hallmark of attorney behavior.  

Attorneys should also look beyond short-term results and consider the consequences of their actions and advice.  And, as a critical aspect of the attorney’s world-view, due attention should be given to pro bono services for the needy.

How, then, may we exhibit attorney professionalism? -

◦ By exemplary ethical conduct: aspiring to fulfill the spirit, and not just the requirements, of the Code of Professional Responsibility;
◦ By remaining competent: taking advantage of continuing legal education; keeping abreast of the latest developments in our areas of expertise; mentoring younger attorneys; 
◦ By showing good judgment: providing client service at the highest levels by formulating views and advice based upon knowledge and experience; 
◦ By acting with integrity: exhibiting soundness of character, fidelity and honesty; and
◦ By demonstrating civility: always endeavoring to behave with appropriate courtesy and respect.

It would be naïve to think that, as a result of aspiring to professionalism, an attorney cannot legitimately also be focused on making a good living for oneself and one’s family.  There is nothing wrong with being rewarded for effort.  But the perception that many lawyers are too focused on monetary reward is sometimes a stumbling block that can stand in the way of the public's favorable perception of attorneys in general.  Conduct that is consistently professional in nature can help.  Let it be that the worst thing that is ever said about a lawyer that the lawyer is overly attuned to such things as ethics and civility.

To honor a member of the NYSBA for outstanding professionalism, which is defined as dedication to service to clients and a commitment to promoting respect for the legal system in pursuit of justice and the public good, characterized by exemplary ethical conduct, competence, good judgment, integrity and civility.

Presented by: Committee on Attorney Professionalism

Contact: Melissa O'Clair

Nomination Deadline: October 12, 2018

Date Presented: January 2019 Annual Meeting

Prize Awarded: Steuben glass timepiece

The Committee on Attorney Professionalism administers the annual New York State Bar Association Attorney Professionalism Award. We are now seeking nominations for the Award to be presented during the NYSBA 2019 Annual Meeting in New York. Nominations must be submitted and postmarked no later than October 12, 2018 on the 2019 Nomination Form (PDF).

Here is the Committee’s working definition of attorney professionalism:

Attorney professionalism is dedication to service to clients and a commitment to promoting respect for the legal system in pursuit of justice and the public good, characterized by exemplary ethical conduct, competence, good judgment, integrity and civility.

The Award honors attorneys who evidence the highest attributes of professionalism in the practice of law: attorneys who have labored in “the vineyard” and are especially valued by their clients and their colleagues. Therefore, rather than a lifetime achievement award, this particular honor relates to professionalism in the actual practice of law. Background letters from clients, other attorneys and judges have provided a full picture for the reviewing committee in the past. Your nomination should, as inclusively as possible, specify how the nominee has demonstrated the following attributes:

 a) Dedication to service to clients and always acting in the best interests of the client;

b) Civility: behaving to all with courtesy, consideration and respect;

c) Exemplary ethical conduct: endeavoring at all times to fulfill the spirit, and not just the requirements, of the NY Rules of Professional Conduct;

d) Competence: keeping abreast of the latest developments in his or her area of practice;

e) Good judgment: providing client service consisting of discerning opinions and advice based upon knowledge, experience, moral as well as legal considerations;

f) Mentoring, educating and assisting other attorneys;

g) Integrity: always exhibiting soundness of character, fidelity, honesty and fairness.

Please keep in mind, in considering your nomination, that there are other awards honoring service to bar associations and pro bono activities. In this Attorney Professionalism Award, the New York State Bar Association seeks to honor a person who exemplifies the highest standards of professionalism in the actual practice of law.

Prior award recipients include:

2018 William J. Dreyer, Esq.
2017 E. Stewart Jones, Jr., Esq.
2017 Maryann Saccomando Freedman, Esq.
2016 Norman Resnicow, Esq.
2015 Michelle L. Haskin, Esq.
2014 John S. Marwell, Esq.
2013 John Ferrara, Esq.
2012 Christopher T. McGrath, Esq.
2011 James P. Bessette, Esq.
2010 Mark A. Longo, Esq.
2009 Jill M. Cicero, Esq.
2008 Peter V. Coffey, Esq.
2007 Frank E. Yannelli, Esq.
2006 Terrence M. Connors, Esq.
2005 George J. Nashak, Jr., Esq.
2004 James M. Conboy, Esq.
2003 Anne Reynolds Copps, Esq.
2002 Carlton F. Thompson, Esq.
2001 Lucille A. Fontana, Esq.
2000 Hon. Barry Kamins 

Archives: The Lawyer's Code of Professional Responsibility (2007)

NY Rules of Professional Conduct [Effective April 1, 2009; as amended through January 1, 2014; with commentary as amended through March 28, 2015]

Code of Judicial Conduct

New York State Bar Association's Committee on Standards of Attorney Conduct

American Bar Association Center for Professional Responsibility

Legal Information Institute

New York State Bar Association's Guidelines on Civility in Litigation

New York Judicial Institute on Professionalism and the Law

New York State Unified Court System's Standards of Civility

New York State Judicial Institute

The Nelson Mullins Riley & Scarborough Center on Professionalism--University of South Carolina School of Law

Ethics Resources

IBA International Principles on Conduct for the Legal Profession, adopted on May 28, 2011 by the International Bar Association

New York State Bar Association Report on the Future of the Legal Profession