COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. STANDARDS FOR PROFESSIONAL CONDUCT Plaintiff(s) : JUDICIAL SUBPOENA WITHIN THE SEVENTH FEDERAL JUDICIAL CIRCUIT -against- : PREAMBLE : : A Lawyer’s conduct should be characterized at all times by personal courtesy and professional Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . duty integrity. in .the .fullest .sense .of. those .terms. . In .fulfilling .our . . . to represent a client vigorously as lawyers, we will be mindful of our obligations to the administration of justice, which is a truth-seeking process designed to resolve human and societal problems in a rational, peaceful, and efficient manner. THE PEOPLE OF THE STATE OF NEW YORK A judge’s conduct should be characterized at all times by courtesy and patience toward all TO participants. As judges we owe to all participants in a legal proceeding respect, diligence, punctuality, and protection against unjust and improper criticism or attack. Conduct that may be characterized as uncivil, abrasive, abusive, hostile or obstructive impedes GREETINGS: the fundamental goal of resolving disputes rationally, peacefully, and efficiently. Such conduct tends to delay COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before WE and often to deny justice. , the Honorable at the Court The following standards are designed to encourage us, judges and lawyers, to meet our located at County of obligations to each, other, to litigants and to the system ,of justice, o'clock in the achieve the twin recessed and thereby in room on the day of , 20 at noon, and at any goals of civility andto testify and give evidence as a witness hallmarks of onlearned of the professionalism, both of which are in this action a the part profession or adjourned date, dedicated to public service. We expect judges and lawyers will make a mutual and firm commitment to these standards. Voluntary adherence is expected asthis subpoena is punishable as aparticipants court and will make you liable to Your failure to comply with part of a commitment by all contempt of to improve the the party on whose behalf this subpoena circuit. administration of justice throughout the was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. These standards shall not be used as a basis for litigation or for sanctions or penalties. Nothing in these standards supersedes or detracts from existing disciplinaryof the Justices of the Witness, Honorable , one codes or alters existingin standards of conduct against which lawyer negligence may be determined. Court County, day of , 20 These standards should be reviewed and followed by all judges and lawyers participating in any proceeding in this Circuit. Copies may be made available to clients to reinforce our (Attorney must sign above and type name below) obligation to maintain and foster these standards. Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. LAWYER’S DUTIES TO OTHER COUNSEL : JUDICIAL SUBPOENA Plaintiff(s) 1. We will practice our-againstprofession with a continuing awareness that our role is to advance : the legitimate interests of our clients. In our dealings with others we will not reflect the : ill feelings of our clients. We will treat all other counsel, parties, and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral : communications. : 2.. . . . . We .will. not,. even. when .called .uponDefendant(s)to .do . . abuse or indulge in offensive . . . . . . . . . . . . . . . . . . . . . . . . . . .by. a. client. . . . . so, . . .... conduct directed to other counsel, parties, or witnesses. We will abstain from disparaging personal remarks or acrimony toward other counsel parties or witnesses. We will treat adverse witnesses and parties with fair consideration. THE PEOPLE OF THE STATE OF NEW YORK 3. We will not encourage or knowingly authorize any person under our control to engage TO in conduct that would be improper if we were to engage in such conduct. 4. We will not, absent good cause, attribute bad motives or improper conduct to other counsel or bring the profession into disrepute by unfounded accusations of impropriety. GREETINGS: 5. We will not seek court sanctions without first conducting a reasonable investigation and WE COMMAND by the circumstances and necessary to protect our client’s of you unless fully justified YOU, that all business and excuses being laid aside, you and each lawful attend before , the Honorable at the Court interests. located at County of , on to day of , 20 , at noon, and at 6.in room will adhere theall express promises and to agreementso'clock in the We with other counsel, whetherany recessed or adjourned date, to testify and give evidencegoodwitness in this action on the part of by the oral or in writing, and will adhere in as a faith to all agreements implied the circumstances or local customs. 7. When we reach an oral understanding on a proposed agreement or a stipulation and Your failure to it to writing, the drafter is punishable in contempt to state the oral decide to commitcomply with this subpoenawill endeavoras agood faithof court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of opportunitydamages sustained as a understanding accurately and completely. The drafter will provide $50 and all for result of your failure to comply. review of the writing to other counsel. As drafts are exchanged between or among counsel, changes from prior drafts will be identified in the draft or otherwise explicitly Witness, Honorable one of matters to which brought to the attention of other counsel. We will not include in, a draft the Justices of the Court there has been no agreement without explicitly advising other counsel in writing of the in County, day of , 20 addition. 8. We will endeavor to confer early with other counsel (Attorney must sign above and type name below) to assess settlement possibilities. We will not falsely hold out the possibility of settlement as means to adjourn discovery or to delay trial. 9. Attorney(s) for In civil actions, we will stipulate to relevant matters if they are undisputed and if no good faith advocacy basis exists for not stipulating. 10. We will not use any form of discovery or discovery scheduling as a means of harassment. Office and P.O. Address We will make good faith efforts to resolve by agreement our objections to matters 11. -2- Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : 12. Index No. : Calendar No. contained in pleadings and discovery requests and objections. : We will not time the filing or servicePlaintiff(s) or pleadings JUDICIAL SUBPOENA of motions in any way that unfairly limits another party’s opportunity to respond. -against: 13. We will not request an extension of time solely for the :purpose of unjustified delay or to obtain a tactical advantage. : 14. We will consult other counsel regarding scheduling matters in a good faith effort to Defendant(s) : . . . . . avoid .scheduling.conflicts. . . . . . . . . . . . . . . . . . . . . . . . . . ..... ......... ........ 15. We will endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on THE PEOPLE OF THE STATE OF NEW YORK the part of other counsel. If we have been given an accommodation because of a calendar conflict, we will notify those who have TO accommodated us as soon as the conflict has been removed. 16. We will notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences are to be canceled GREETINGS: or postponed. Early notice avoids unnecessary travel and expense of counsel and may enable the court to use the previously reserved time for other matters. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the We will Court 17. Honorable agree to reasonable requests forat the extensions of time and for waiver of located our County of procedural formalities, provided at clients’ legitimate rights will not be materially or adversely affected. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 18. We will not cause any default or dismissal to be entered without first notify opposing counsel, when we know his or her identity. 19. WeYour take depositionswith this subpoena is punishable as a contempt of court and will make you liable to will failure to comply only when actually needed to ascertain facts or information or the partyperpetuate testimony. we willwas issueddepositions for penalty of $50 and all damages or on whose behalf this subpoena not take for a maximum the purposes of harassment sustained as a to result to increase litigation expenses. of your failure to comply. , one of the Justices of the 20. We Witness, engage in any conduct during a deposition that would not be appropriate in will not Honorable Court the presence of a judge. day of in County, , 20 21. We will not obstruct questioning during a deposition or object to deposition question unless necessary under the applicable rules to preserve anmust sign above and type namefor (Attorney objection or privilege below) resolution by the court. 22. During depositions we will ask only those questions we reasonably believe are Attorney(s) for necessary for the prosecution or defense of an action. 23. We will carefully craft document production requests so they are limited to those Office and P.O. Address documents we reasonably believe are necessary for the prosecution or defense of an -3- Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. action. We will not design production requests to place an undue burden or expense on a party. : JUDICIAL SUBPOENA Plaintiff(s) 24. We will respond to document requests reasonably and not strain to interpret the -against: request in an artificially restrictive manner to avoid disclosure of relevant and nonprivileged documents. we will not produce documents: in a manner designed to hide or obscure the existence of particular documents. : 25. We will carefully craft interrogatories so they are limited to those matters we reasonably Defendant(s) : . . . . . believe. are .necessary .for .the .prosecution. or. defense. of an action, and we will not ...... ... ......... .. .. .......... . ....... . design them to place an undue burden on expense on a party. 26. We will respond to interrogatories reasonably and will not straining to interpret them in an artificially restrictive OF NEW YORK THE PEOPLE OF THE STATEmanner to avoid disclosure of relevant and non-privileged information. TO 27. We will base our discovery objections on a good faith belief in their merit and will not object solely for the purpose of withholding or delaying the disclosure of relevant information. GREETINGS: 28. When a draft order is to be prepared by counsel to reflect a court ruling, we will draft an WE COMMAND YOU, completely reflects the court’s ruling. e will promptly of you attend before order that accurately and that all business and excuses being laid aside, you and eachprepare , the Honorable at the Court and submit a proposed order to other counsel and attempt to reconcile any differences located at County of before the draft order is presented to the courts. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or 29. adjourned date, to testify a position to another witness inthat counsel has part of the or We will not ascribe and give evidence as a counsel this action on the not taken otherwise seek to create an unjustified inference based on counsel’s statements or conduct. Your failure to comply with or subpoena the court, we a contempt of court and 30. Unless specifically permitted thisinvited by is punishable aswill not send copies of will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a correspondence between counsel to the court. result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address -4- Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. LAWYER’S DUTIES TO THE COURT Plaintiff(s) -against- 1. : JUDICIAL SUBPOENA : We will speak and write civilly and respectfully in all communications with the court. : 2. We will be punctual and prepared for all court appearances so that all hearings, : conferences, and trials may commence on time; if delayed, we will notify the court and counsel, if possible. Defendant(s) : ...................................................... 3. We will be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice. 4.THE PEOPLE not engage in any conduct that brings disorder or disruption to the courtroom. We will OF THE STATE OF NEW YORK We will advise our clients and witnesses appearing in court of the proper conduct TO expected and required there and, to the best of our ability, prevent our clients and witnesses from creating disorder or disruption. 5. We will not knowingly misrepresent, mis-characterize, misquote, or mis-cite facts or GREETINGS: authorities in any oral or written communication to the court. WeWE COMMAND YOU, that all business and excuses beingpending action, unless of you attend before will not write letters to the court in connection with a laid aside, you and each invited , the Honorable at the Court or permitted by the court. located at County of in room , on the day of , or , at o'clock in the noon, and 7. Before dates for hearings or trials are set,20 if that is not feasible, immediately after at any recessed or adjourned date,has beenand give evidence as a to verifyin this action on the part of the to testify set, we will attempt witness the availability of necessary such date 6. participants and witnesses so we can promptly notify the court of any likely problems. 8. WeYour act and speak civilly to court marshals, clerks, as a contempt of court and will make you liable to will failure to comply with this subpoena is punishable court reporters, secretaries, and lawon whose behalf awareness that they, too, aremaximum penalty of the judicial damages sustained as a the party clerks with an this subpoena was issued for a an integral part of $50 and all system. result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address -5- Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : COURTS’ DUTIES TO LAWYERS Plaintiff(s) Calendar No. JUDICIAL SUBPOENA -against: We will be courteous, respectful, and civil to lawyers, parties, and witnesses. We will maintain control of the proceedings, recognizing that judges have both the obligation : and the authority to insure that all litigation proceedings are conducted in a civil manner. : 1. 2. : Index No. We will not employ hostile, demeaning, or humiliating words in opinions or in written or Defendant(s) : . . . . . oral. communications. with . . . . . . . . . . . . . . . .or. witnesses. . . . . . . . . . . . . . . . . . . . . . lawyers, parties, . . . . . . . . . 3. We will be punctual in convening all hearings, meetings, and conferences; if delayed, we will notify counsel, if possible. THE PEOPLE OF THE STATE OF NEW YORK 4. In scheduling all hearings, meetings and conferences we will be considerate of time TO schedules of lawyers, parties, and witnesses. 5. We will make all reasonable efforts to decide promptly all matters presented to us for consideration. GREETINGS: 6. We will give the issues in controversy deliberate, impartial, and studied analysis and WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before decision. , the Honorable at the Court located at 7.County of endeavoring to resolve disputes efficiently, we will be considerate of the time While in room ,andthe on pressures imposed on lawyers by exigencies of litigation practice. at any recessed day of , 20 , at o'clock in the noon, and constraints or adjourned date, to testify and give evidence as a witness in this action on the part of the 8. We recognize that a lawyer has a right and a duty to present a cause fully and properly, and that a litigant has a right to a fair and impartial hearing. Within the practical limits of time, we willto comply with thispresent proper argumentscontempt of courtcomplete and you liable to Your failure allow lawyers to subpoena is punishable as a and to make a and will make accurate record. this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the party on whose behalf result of your failure to comply. 9. We will not impugn the integrity or professionalism of any lawyer on the basis of the clients whom or the causes which a lawyer represents. Witness, Honorable , one of the Justices of the Court We will do our County, ensure that court personnel act civilly towards lawyers, parties, in day of , 20 10. best to and witnesses. 11. We will not adopt procedures that needlessly increase litigationsign above and type name below) (Attorney must expense. 12. We will bring to lawyers’ attention uncivil conduct with we observe. Attorney(s) for Office and P.O. Address -6- Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com