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900+ New Attorneys Take
MSBA's Professionalism Course in December
By Janet Stidman Eveleth
Next month,
over 900 new attorneys will take the Maryland State Bar Association’s
(MSBA) Professionalism Course, be sworn-in to practice law by the
Court of Appeals of Maryland and welcomed into the MSBA as new
members. Over 100 volunteer judges and lawyers will present the
one-day “Professionalism Beyond Ethics” course on December 5, 6, 12
and 13th at the Maritime Institute of Technology in Linthicum,
Maryland. When this newest class of attorneys completes the
professionalism course in December, 18,685 of Maryland’s 32,100
attorneys will have taken the course.
Yet attorney
incivility and unprofessional behavior in today’s practice of law
continue to be a top concern of the Bench and the Bar, as depicted in
the Judiciary’s recently released
Professionalism Task Force Report. This document cites problems
with everything from incivility in discovery disputes and adversarial
conduct to the pressures lawyers must endure in today’s highly
competitive, fast-paced e-market.
For over a
decade, the MSBA, in conjunction with the Court and local and
specialty bars, has made strides in addressing attorney civility
through professionalism programs, civility codes, mentoring and other
initiatives, but problems of attorney incivility persist. Much of this
is attributed to changing forces in today’s legal market, including
the pressures of technology, 24/7 communication, demanding consumers,
the economic pressures of law practice, the strenuous competition
lawyers face today and the growing number of lawyers – roughly 1,300
joined Maryland’s ranks in 2003 alone.
In the context
of these contemporary law practice dynamics, maintaining the highest
standards of professionalism in the practice of law is not always
easy, especially when new attorneys are starting out. So the MSBA
tries to instill these values in new admits with its professionalism
course. While this course is not among the recommendations offered by
the Court’s Professionalism Task Force to enhance legal
professionalism, the MSBA believes the course is one of the best
vehicles to demonstrate a lawyer’s responsibility to adhere to the
Code of Civility and professional standards.
This course was
actually mandated by the Court of Appeals of Maryland in 1992 when it
approved Rule 11, requiring the completion of a professionalism course
for all new Maryland attorneys before they could be sworn-in to
practice law in the state. The concept emerged from the MSBA’s 1988
Lawyer Satisfaction Survey, which uncovered growing problems of
attorney incivility, hostility, disrespectful behavior and an overall
decline in legal professionalism. At the time, the Bar and the Bench
agreed that a required professionalism course for all new attorneys
was needed.
Thus in May
1992, the MSBA launched the professionalism course for new admittees
with the Court’s blessing. This course, which is actually presented by
the MSBA’s Professionalism Committee, goes far beyond law school
ethics, providing a practical overview of today’s practice of law. It
focuses on the attorney’s relationship with the court, clients,
community and peers.
Through
interactive workshops, video vignettes, role-playing and individual
presentations, the faculty candidly discusses ethical situations and
various solutions with the new attorneys. It addresses the realities
of law practice and the professional experiences of seasoned
practitioners. The program is also an excellent mentoring opportunity.
“MSBA’s
professionalism course is entering its 12th year, and it has been
constantly updated and fine-tuned over the years to reflect the
changing practice of law,” reports Professionalism Committee Chair
Robert L. Ferguson, Jr. “The faculty is trained and re-trained, and
the course materials are updated as well to keep the course
up-to-date.”
“We also use
evaluation forms to assess the success of our program,” he continues.
“We get good responses from the students, including the more
experienced lawyers who must take the course for admittance to
Maryland’s Bar.” Ferguson finds this significant because “experienced
lawyers, who are most apt to be critical of the course, have positive
feedback and have good things to say about it.”
“MSBA’s
professionalism course is a great opportunity for all new lawyers,”
Ferguson declares. “It gives them the opportunity to examine many of
the difficult legal professionalism issues that they will confront in
the everyday practice of law. They get the chance to discuss them with
each other and with a faculty of experienced judges and attorneys.”
They learn how to address issues in a professional way that is best
suited to their client, the court, their colleagues and their
community. Most walk away with a more realistic expectation of what to
expect in the daily practice of law and are better equipped to
encounter ethical dilemmas in a professional manner.
Overall, the
goal of this program is to instill pride, dedication, civility,
compassion and the adherence to the highest of legal standards in
young attorneys.
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