The First Amendment:
Right or Responsibility?
By Dan Murdock, OBA General Counsel
We lawyers are all well acquainted with the U.S. Constitution. Therefore, it is no surprise to you when I mentioned that the First Amendment guarantees that Congress will make no law abridging the freedom of speech.
The First Amendment guarantees our right to speak, but I submit to you that attorneys have an obligation to do so. We, as attorneys, have the right to speak and, as part of the requirements of our profession, must do so.
Rule 1.4, Oklahoma Rules of Professional Conduct, re-quires that we keep our clients reasonably informed and promptly comply with reasonable requests for information. It also requires that we must explain things well enough so our clients can make informed decisions. But it doesn’t end there. The Lawyer’s Creed, adopted by the OBA Board of Governors on Nov. 17, 1989, states that lawyers vow to be punctual in communications with others and that neglect is demeaning to the lawyer and to the profession.
Communication with clients is required by Rule 1.4. The Lawyer’s Creed extends that to “others.” Who are “others”? That obligation extends to judges, their staffs, other lawyers, the employees of other lawyers or anyone else who contacts you. The courtesy of a returned call or an answered letter is all that is needed, even if the content of the communications is to tell them that you cannot communicate with them or, for whatever reason, you are choosing not to communicate with them. Why not be courteous?
The Standards of Professionalism adopted by the OBA Board of Governors on Nov. 20, 2002, and by the Oklahoma Judicial Conference on Dec. 20, 2002, is replete with references to communications, both public and private. Those standards require that, inter alia, communications with other lawyers and the court be
prompt
civil
courteous
respectful
honest
and fair
and not hostile, demeaning or humiliating.
A previous Oklahoma Bar Journal article I wrote discusses how to prevent grievances.* The very first preventive suggestion concerned the return of telephone calls. It is that important. Proper communication is that important. But more than a requirement, it is a courtesy - and isn’t that what life is all about?
* “No More Grievances for Me?” can be found in OBJ 74 571 (Feb. 15, 2003) or online.
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