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November 2002The Image of a Lawyerby Dick Manning, WSBA President There are many, many other lawyers in this state who possess the same qualities of sincerity and credibility. I single out Paul, a law school classmate of mine at Gonzaga University, because he is so visible and a very apt role model. In a recent national publication, Lawyers Weekly USA, he looks back on what he has learned: "The single biggest mistake that trial lawyers make is that they are not honest about how they are, and truthful about what their case is about.… It's an old saw, but it's true — if you're acting like someone else, or guarded, the jury perceives it immediately. So, skillful lawyers who appear skillful lose cases to those who appear unskillful but who are totally themselves and radiate credibility." Well said, Paul! Most of the bad jokes circulated about lawyers are told by those who view the justice system with a cynical eye. Dave Kurtz, Snohomish County Bar president, explains why: "Compare our friends in the medical profession … they are still rated far above attorneys.… Their primary opponent is the disease. All the people involved are … on the same side.… With our adversarial legal system … half of the lawyers involved … are on the opposite side." He points out that most people like and value their own lawyer but tend to dislike the opposing attorney. Like Luvera, absolute integrity and a desire to fight for individual rights is what sustains Kurtz and makes him proud to be a lawyer. Contrast this with a recent letter solicitation by a lawyer to condominium owners faced with substantial repair costs because of water intrusion into the outside shell of their building. The lawyer did not represent anyone involved in the problem. He touted the benefits of filing a Chapter 13 bankruptcy and how he had the expertise to assist the owners. The lawyer did not appear to be concerned about the financial burden this would place on unit owners who would have to pick up more than their share of rehabilitation costs if other owners filed Chapter 13 proceedings. The credibility, integrity and sincerity that Luvera and Kurtz promote in their relationships with the public carry over to our relationships with other members of the profession. I have never forgotten the lessons I learned as a young lawyer. In the first superior court case I tried in 1961, George Stuntz was the judge and Willard Hatch was opposing counsel. I represented a general contractor who had received and used the bid of the defendant subcontractor in getting a construction-project award from an owner. The defendant subcontractor had withdrawn his bid after the prime contract award, and my client sued to hold the subcontractor to his bid. Promissory estoppel was not firmly rooted in case law at that time, and my client lost the case. Before I left the courtroom, Willard Hatch thanked me for excellent trial work; his praise was sincere. And before I had even returned to the office, Judge Stuntz had telephoned Bill Ferguson, the founding senior partner of the law firm, to explain what a fine job young associate Manning had done. I've never forgotten those gestures of collegiality — particularly to or by opposing counsel. Win or lose, it is a practice I have tried to continue throughout my career. There is no doubt that the collegiality which springs from sincerity and credibility seems to be more prevalent in less-populous communities. In a recent tour of the beautifully restored Grays Harbor County Courthouse, Presiding Judge Mark McCauley commented on bench-bar relationships: "In this community, the judges and lawyers all know each other. Uncivil behavior is rare and not tolerated." That environment is not unlike another experience I had in the 1960s representing an 18-year-old who had his heart set on becoming a U.S. Marine career officer. While skiing at White Pass, part of the sheave assembly on a Poma lift came crashing down on his leg, badly fracturing it. As a result, he could not pass the physical. The insurance company offered only medical specials (about $700 in those days), so we went to trial. John Gavin Sr. was the defense lawyer designated by the insurance company. Since I was trying the case in Yakima, 150 miles from my office, Gavin went out of his way to make sure that I had everything I needed to carry on our representation of the plaintiff — including the use of his offices, library, etc. The jury later came in with a $10,000 verdict, a lot of money for a broken leg in 1964 (especially in Yakima, where several jurors were members of the ultra-conservative John Birch Society). Because of John Gavin's collegiality, I left Yakima feeling very good about lawyers and the legal profession. I believe that today the vast majority of lawyers have the same instincts for the pursuit of justice, with the qualities of sincerity, integrity, credibility and collegiality. (I see it constantly in that part of my practice where I serve as an arbitrator or mediator.) Much too often, judges and lawyers see a lack of civility (let alone collegiality) toward other litigants and their lawyers. Perhaps so much focus is put on "winning" that some lawyers think it is a weakness to show collegiality or respect for anyone other than the lawyer's own client. That is unfortunate. The opposing party may be wrong, but we must never abandon the tenets of our profession by not according that party respect for their human dignity. The Rules of Professional Conduct are minimum standards for relationships with our clients, the courts and other lawyers. And that is why last year the WSBA partnered with county bar associations in distributing an aspirational Creed of Professionalism to every courtroom in the state:
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