The Oklahoma Bar Journal August 2023

Make Ethical Behavior a Daily Practice F rom T he P resident By Brian Hermanson

O NE OF THE MAJOR GOALS of my year as OBA president is to open a dialog among our state’s attorneys and judges about the ethical issues that face each of us on a daily basis. While I would think that many

them skillfully present their cases in the court of law. But I have to admit I have seen things happen in the courtroom that are far from what I would

people feel uncomfort able talking about what they perceive as ethical violations that occur in our profession, only by having those discussions can we educate ourselves and others about how we can improve the way that we conduct ourselves as lawyers.

call professional conduct. I have seen attorneys engage in name-calling and bul lying of other attorneys. I have seen attorneys who disrespect the rule of law when they present an argument to a judge, and I have seen judges fail to control their courtrooms when these activities occur.

‘Ethics is knowing the difference between what you have a right to do and what is right to do.’ - Potter Stewart

In writing about this, I don’t hold myself as an expert on this issue; like many of you, I am only an observer. With this month’s Oklahoma Bar

One might ask why it matters that one may go too far in advocacy for their clients. Why, they may ask, is it wrong to do everything I can to help my client win their case? If one does not understand the answer to that question, perhaps this article will fall upon deaf ears. It is important to remember the important role of judges in controlling these issues. The judges have many important roles in all stages of legal proceedings. The most important of which is to ensure that each party’s rights are protected and that legal decorum is always present. Judges have a responsibility to control improper conduct in the courtroom. American philosopher Aldo Leopold once wrote, “Ethical behavior is doing the right thing where no one else is watching – even when doing the wrong thing is legal.” We as attorneys are expected to set a high bar when dealing with ethical issues. Cases should be decided based upon the facts of the case, not because someone was a better bully. (continued on page 67)

Journal devoted to the topic of Ethics and Professional Responsibility, it seems important for me to try to address some of those observations. While I know ethical abuses can occur in any practice setting, I want to specifically address what I see in trial work. I have been a trial lawyer almost all my adult life. I was fortunate to have been tutored in the law by people I consider to be legal giants. They taught me to show respect to those attorneys who I had cases with and to avoid doing things in the courtroom that would detract from our profession. It has been my experience that a vast majority of the lawyers of this state do that every day. I am so proud of my fellow bar members as I watch

Brian Hermanson serves as district attorney for the 8th District of Oklahoma. 580-362-2571 brian.hermanson@dac.state.ok.us

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THE OKLAHOMA BAR JOURNAL