Professionalism in Legal Practice

Professionalism is more than compliance with the rules of professional conduct. It is the conduct that preserves, promotes, and protects the rule of law, instilling public trust in the legal system itself. Yet what professionalism looks like in practice is often left undefined until something goes wrong. This CLE offers a judge's perspective on professionalism in legal practice, drawing on Judge Acosta's own writing, his years serving as a Magistrate Judge in the District of Oregon, experience on the Commission on Professionalism, current case law, and the court's own governing rules. Topics include the difference between professionalism and the rules of professional conduct; the recognized causes of unprofessional conduct; practical, conduct-level guidance for litigators; civility as the core of professionalism, including the tension between zealous advocacy and civility; discussion of bar association statements of professionalism and court rules on standards of conduct; professional communication in email, text messages and other less formal situations; and, using AI, the importance of review of AI output, and how to respond to AI-assisted filings from self-represented parties. ABA Model Rules of Professional Conduct that are discussed in this presentation include The Preamble’s Comments 5 and 9, 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 3.1 (Meritorious Claims and Contentions), 3.3 (Candor Toward the Tribunal), 3.4 (Fairness to Opposing Party and Counsel). New lawyers and experienced litigators alike will leave with a clearer, more concrete picture of what professionalism requires in daily practice, and why it matters. For accreditation information, check your Bar website or our list: https://www.clecast.net/accreditation. You will watch a video, be provided materials, and then fill out a certificate of completion should your state require that. Access to this CLE is available for 365 days following your purchase.