REPORT OF THE ACREL WORKING GROUP ON ETHICS AND
PROFESSIONALISM
September 27, 2004
EXECUTIVE SUMMARY
The ACREL Ethics and Professionalism Working Group (“Professionalism
Working Group”) was formed in September 2003. The Professionalism Working Group
is comprised of the following members: William B. Dunn, John S. Hollyfield, James A.
Kenney, III, Edward A. Peterson, James F. Morrow, Betty B. Robbins, Margaret A.
“Peggy” Rolando, Peter W. Salsich, Jr., Kevin L. Shepherd, and Robert A. Thompson.
The primary charge of the Professionalism Working Group was to review the existing
ACREL Statement of Professionalism (“Existing Statement”) and determine whether any
changes should be made to it in light of various developments since its adoption by the
Board of Governors in 1997.
INTRODUCTION
The Professionalism and Practice Committee in 19971 developed the Existing
Statement, which the Board of Governors adopted that year. The Existing Statement,
which appears on pages 1 and 2 of the 2004 ACREL Directory, represents a significant
aspirational statement of ACREL and reflects its commitment to professionalism.
Since the adoption of the Existing Statement seven years ago, significant changes
have occurred in both the business community and legal profession. These changes have
contributed in some measure to a palpable increase in the lack of civility in the legal
profession. This lack of civility manifests itself in lawyer to lawyer dealings, lawyer and
client interaction, and lawyer and court relations. For example, in a 2002 study, the State
Bar Association of Utah (the “Utah Study”) noted that three of the most cited factors for
the decline in professionalism were (a) the competitive demands of increasing
commercialism, (b) reflection of corresponding movements in general societal ethics and
culture, and (c) the current structure and organization of the legal profession. 2 In
elaborating on the factor involving the competitive demands of increasing
commercialism, the Utah Study observed that “[s]o long as the legal profession is a
means for livelihood, commercialism will exist. The challenge to the professionalism
1 The members of the 1997 Professionalism and Practice Committee were Ed Peterson (chair), Barbara S.
Banks (vice chair), Don Beimdiek, Richard A. Cantlin, David S. Cohn, Robert J. Conrad, Roger K.
Garfink, Peter B. Glass, Susan B. Hoffnagle (Board liaison), Wayne S. Hyatt, Dan B. Miller, David Alan
Richards, Peter W. Salsich, Jr., Frank Smith, Jr., Michael J. Strone, and Susan G. Talley.
2
Jeffrey M. Vincent, Aspirational Morality: The Ideals of Professionalism—Part II, Utah B.J. 12 (2002)
(“UTAH STUDY”), cited in THE MARYLAND JUDICIAL TASK FORCE ON PROFESSIONALISM—REPORT AND
RECOMMENDATIONS (Nov. 10, 2003), available at http://www.courts.state.md.us/publications.html (last
visited Feb. 16, 2004) (“MARYLAND REPORT”).
movement is to seek ways to temper the financial realities with a commitment to pursue
the common good.”3
With respect to the factor regarding the reflection of corresponding movements in
general societal ethics and culture, the Utah Study pointed to changing social mores as a
contributing cause for the decline in professionalism:
Certainly, social mores have changed in recent decades. Sociologists and
psychologists have observed that the convenience of modern life has
corresponded with an expectation of instant gratification. Unabashed
partisanship and argumentative dialogue have become fodder for popular
media programs reliant on public conflict, many of which also portray
excessively aggressive styles of lawyering.
Cynicism and moral
relativism have taken hold. Some observers argue that these new social
norms, among others, have led to a focus on the quick win instead of a
reasoned approach to conflict resolution, a popularization of the “bulldog”
lawyer, and other ethically deteriorative practices.4
Finally, the Utah Study commented that a decline in professionalism may be due
to the current structure and organization of the legal profession, such as the increasing
size of law firms and the resultant absence of senior lawyer mentoring and rolemodeling.5
THE PROFESSIONALISM WORKING GROUP
The Professionalism Working Group had its inaugural meeting at the annual
meeting in New Orleans on October 17, 2003. Since that time, the Professionalism
Working Group has had several conference calls to discuss various issues. The ensuing
discussions have prompted considerable debate.
The activities of the Professionalism Working Group have been aided
immeasurably by the significant literature and efforts of other bar associations and
judicial task forces in the professionalism area since the adoption of the Existing
Statement in 1997. Various state bar organizations and other interested groups have
formed professionalism commissions and task forces to promote awareness of
professionalism or to study the perceived decline in professionalism in the legal
community.6 The rapid growth of these groups underscores the growing concern about
3
UTAH STUDY at 13.
Id.
5
Id.
6
The groups include the following:
 Supreme Court of Florida’s Commission on Professionalism
 State Bar of Georgia Chief Justice’s Commission on Professionalism
 New Jersey Commission on Professionalism in the Law
 Commission on Professionalism of the State Bar of New Mexico
 New York State Judicial Institute on Professionalism in the Law
 North Carolina Chief Justice’s Commission on Professionalism
4
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BA3:263870.8
the lack of professionalism in the legal profession and the seriousness with which the
issue is being addressed.
PROFESSIONALISM—WHAT IS IT?
In evaluating the Existing Statement, it is useful to revisit the basic principles of
professionalism. The Professionalism Working Group is not aware of a universally
accepted definition of professionalism.7 A 1996 ABA report, however, sought to define
professionalism in the following terms:
A professional lawyer is an expert in law pursuing a learned art in service
to clients and in the spirit of public service; and engaging in these pursuits
as part of a common calling to promote justice and public good.8
Justice Sandra Day O’Connor has offered the following definition of professionalism:
A commitment to develop one’s skills to the fullest and to apply that
responsibility to the problems at hand. Professionalism requires adherence
to the highest ethical standards of conduct and a willingness to subordinate
narrow self-interest in pursuit of a more fundamental goal of public
service. Because of the tremendous power they wield in our system,
lawyers must never forget that their duty to serve their clients fairly and
skillfully takes priority over the personal accumulation of wealth. At the
same time, lawyers must temper bold advocacy for their clients with a
sense of responsibility to the larger legal system which strives, however
imperfectly, to provide justice for all.9
 Ohio Supreme Court Commission on Professionalism
 Oregon Supreme Court/Oregon State Bar Joint Commission on Professionalism
 Multnomah Bar Association Professionalism Commission
 South Carolina Chief Justice’s Commission on Professionalism
 The Texas Center for Legal Ethics and Professionalism
 University of South Carolina School of Law Center on Professionalism
 American Bar Association Center for Professional Responsibility
7
One state bar organization has sought to define professionalism in the following terms:
Professionalism is conduct consistent with the tenets of the legal profession as demonstrated by a
lawyer’s civility, honesty, integrity, character, fairness, competence, ethical conduct, public
service, and respect for the rule of law, the courts, clients, persons who work with the legal
profession, witnesses, and unrepresented parties.
State
Bar
of
New
Mexico
Creed
of
Professionalism,
available
at
http://
www.nmbar.org/Content/NavigationMenu/Other_Bars_Legal_Groups/Commission_on_Professionalism/Cr
eed_of_Professionalism/Creed_of_Professionalism.htm (last visited Feb. 16, 2004) [the “NEW MEXICO
BAR CREED”].
8
ABA PROFESSIONALISM COMMITTEE REP., TEACHING AND LEARNING PROFESSIONALISM 6 (1996).
9
MARYLAND REPORT at 15, citing CHIEF JUSTICES’ COMMISSION ON PROFESSIONALISM TO THE SUPREME
COURT OF GEORGIA, § 10, at 15 (1996).
3
BA3:263870.8
However one defines professionalism, there is a crucial distinction between
professionalism and ethics. The “model rules of professional ethics reflects what is
minimally expected of lawyers, [but] ‘professionalism’ encompasses what is more
broadly expected of lawyers—both by the public and by the finest traditions of the legal
profession itself.”10 In short, professional ethics prescribe what a lawyer must do while
professionalism prescribes what a lawyer should do.
The Professionalism Working Group discussed the need to revise the Existing
Statement by defining professionalism in the context of real estate work. We identified
several attributes of professionalism, including (a) civility, (b) contribution to public
service and the community, including pro bono activities, (c) high quality lawyering,
(d) the need to stay current in the practice area, (e) ethics, and (f) personal integrity.
Although none of these attributes is the exclusive domain of real estate lawyers, they can
nonetheless be highlighted within the confines of real estate work.
CIVILITY
Civility is a key component of professionalism. The lack of civility is an often
cited example of the lessening of professionalism in the legal profession. The lack of
civility has prompted some bar associations and courts to focus specifically on this issue.
For example, in a 2003 report by the Joint Bench/Bar Committee on Civility, the
Supreme Court of Delaware and the Delaware State Bar Association jointly adopted the
Principles of Professionalism for Delaware Lawyers (the “Delaware Civility Study”).11
The Delaware Civility Study identified the attributes of civility as follows:
Professional civility is conduct that shows respect not only for the
courts and colleagues, but also for all people encountered in
practice. Respect requires promptness in meeting appointments,
consideration of the schedules and commitments of others,
adherence to commitments whether made orally or in writing,
promptness in returning telephone calls and responding to
communications, and avoidance of verbal intemperance and
personal attacks. . . . A lawyer should represent a client with
vigor, dedication and commitment. Such representation, however,
does not justify conduct which unnecessarily delays matters, or is
abusive, rude or disrespectful. A lawyer should recognize that
such conduct may be detrimental to a client’s interests and contrary
to the administration of justice.
Some have noted a potential for natural tension between a lawyer’s duty to
represent zealously a client and the “emerging duty to act in a professional and civil
manner” in the representation.12 But “zealous representation does not mean that one must
Id. at 13, citing CHIEF JUSTICES’ COMMISSION ON PROFESSIONALISM TO THE SUPREME COURT OF
GEORGIA, § 1, at 1 (emphasis in original).
11
PRINCIPLES OF PROFESSIONALISM FOR DELAWARE LAWYERS.
12
MARYLAND TASK FORCE REPORT at 6.
10
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BA3:263870.8
become a zealot.”13 Nor does civility or courtesy reflect weakness on the part of the
advocate. The State Bar of New Mexico has adopted an extensive Creed of
Professionalism that specifically directs a lawyer to advise a client that “civility and
courtesy are not weaknesses[.]”14 The Mississippi Bar Association underscores this point
in its Lawyer’s Creed by stating that “[e]ffective advocacy does not mean that any tactic
is acceptable” or that effective advocacy requires antagonistic or obnoxious behavior.15
Even if clients have ill feelings between them, that does not justify ill feelings between
the lawyers. The Professionalism Aspirations of the Minnesota Bar state that “[a]s
professionals, ills feelings between clients should not influence our conduct, attitude, or
demeanor toward opposing counsel.”16
Civility, then, is an important component of professionalism.17 Although the
Existing Statement contains a reference to civility, the Professionalism Working Group
believes that reference should be expanded and emphasized.
PROFESSIONALISM IN REAL ESTATE LEGAL PRACTICE
As noted above, the Existing Statement is not cast in terms specific to the practice
of real estate law or real estate transactions. The Professionalism Working Group defines
“real estate law” in its broadest possible meaning, ranging from ad valorem tax appeal
work to zoning activities. Some groups have sought to define professionalism
requirements or principles in the conduct of business transactions, such as the Standards
of Professionalism adopted by the Oklahoma Bar Association Board of Governors and
the Oklahoma Judicial Conference in 2002. Section 3.10 of the Standards of
Professionalism state, among other things, that “[b]usiness transactions should be
negotiated, documented and consummated in an atmosphere of cooperation and informed
mutual agreement.” The Creed of Professionalism adopted by the State Bar of New
Mexico contains the following statements:
With respect to opposing parties and their counsel, . . .
 In the preparation of documents and in negotiations, I will
concentrate on substance and content; [and]
 I will clearly identify, for other counsel or parties, all
changes that I have made in all documents.18
13
Id.
NEW MEXICO BAR CREED.
15
MISSISSIPPI CODE OF PROFESSIONAL CONDUCT’S LAWYER’S CREED, available at
http://www.msbar.org/creed (last visited Feb. 16, 2004).
16
PROFESSIONALISM ASPIRATIONS, adopted by the Minnesota Supreme Court, available at
http://www2.mnbar.org/sec/professionalism%aspirations%20final%20copy.htm (last visited Feb. 16,
2004).
17
One court has noted that “honesty and fair dealing are integral components of civility. Promises and
agreements fairly reached, whether orally or in writing, will be adhered to in good faith.” STANDARDS FOR
CIVILITY IN PROFESSIONAL CONDUCT, United States District Court for the Western District of Michigan,
available at http://www.miwd.uscourts.gov/ (last visited Feb. 16, 2004).
18
NEW MEXICO BAR CREED.
14
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BA3:263870.8
The Professionalism Working Group believes it is important that ACREL, as the
premier organization of real estate lawyers in this country, identify specific components
of professionalism in real estate practice and incorporate them into a revised Existing
Statement. These components range from negotiating and documenting real estate
transactions in a cooperative manner to reflecting accurately changes in drafts of
documents to the prompt returning of telephone calls and to the prompt response to
correspondence.
EDUCATIONAL COMPONENT
Professionalism is an important attribute of ACREL and its membership, and
ACREL needs to assume a prominent leadership role in promoting the awareness of
professionalism. Professionalism is a career-long journey of learning: it is not confined,
nor should it be, to new practitioners.
ACREL has historically produced continuing legal education programs involving
professionalism. Attached to this report as Attachment 1 is a list of the more recent
professionalism programs.
One means to achieve this goal is to expand the professionalism CLE offerings
within ACREL. ACREL’s ethics programs at times contain a professionalism
component, but too often the ethics component overshadows the professionalism
component. Increased attention should be made in providing professionalism CLE
programs as the central topic of discussion. The Professionalism Working Group
suggests that the Programs Committee actively seek and promote professionalism
programs at each ACREL meeting, either in the context of work shop programs or main
course-type programs. The Professionalism Working Group notes that Jim Morrow has
shared a copy of the State Bar of Arizona’s Instructor’s Manual for the Professionalism
Course (dated May 28, 2003). This exhaustive manual contains a wealth of information
about how to structure a professionalism course, and it includes over 100 hypotheticals
used to teach the subject matter. In discussing the importance of drawing a distinction
between ethics and professionalism, this manual cogently notes:
The instructor should keep in mind throughout the presentation that this is
NOT A COURSE IN ETHICS. “Ethics” refers to required conduct by
members of the Bar, pursuant to the Arizona Rules of Professional
Conduct. . . . “Professionalism” starts from the proposition that there are
often alternative ways of addressing various situations, none of which,
strictly speaking, would violate one of the Rules of Professional Conduct.
The question then becomes what course of action is the most
“professional” way to address these situations.
As part of the educational process to promote professionalism, the
Professionalism Working Group discussed the need to offer a program on how best to
teach or instill professionalism in younger lawyers. ACREL members should have the
educational tools and techniques necessary to instill concepts of professionalism into the
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BA3:263870.8
younger generation of real estate practitioners. For example, a program should be
designed that would allow ACREL members to take this information back to their
workplaces and try to convey the importance of professionalism in practicing real estate
law. Written materials should supplement this type of program so that ACREL members
would have the substantive content to disseminate to their colleagues.
As an initial step in promoting the importance of professionalism CLE offerings,
the Professionalism Working Group will explore the development of a professionalism
course for the 2005 annual meeting in Denver. To that end, Pete Salsich will contact the
ACREL Education Committee to see what materials are being used in the law school
community to teach professionalism. Betty Robbins will provide supplemental assistance
in this effort as needed.
In addition to regular CLE courses on professionalism, the ACREL Newsletter
should contain periodic articles on professionalism. This approach will serve to remind
members of the importance of professionalism and afford insight into new developments
in professionalism.
PROMOTION OF PROFESSIONALISM
ACREL has a unique position and opportunity to promote professionalism within
the legal real estate community. Bob Thompson has raised an intriguing concept that he
has dubbed the “counterforce” issue. Bob will circulate a memo fleshing out his thoughts
on this issue, but in essence it involves the need for ACREL lawyers, many of whom hold
leadership positions within their firms, to emphasize more the importance of
professionalism and the fact that professionalism and economic self-interest are not
incompatible institutional goals. This issue calls on law firm leaders and the “powerful
doves” to change the practice of law by rewarding behaviors that promote
professionalism and balanced lives for lawyers. There must be a recognition that the
practice of law is not solely the pursuit of economic gain. The economic pressure placed
on lawyers threatens professionalism. Bob would like to moderate an ACREL panel
program in the near future to explore this issue in greater detail.
RECOGNITION OF PROFESSIONALISM
To underscore the importance of professionalism within ACREL, it may be
worthwhile to consider the creation of an award recognizing the ACREL member who
has demonstrated, through example and practice, the highest ideals of professionalism
and adherence to the Statement of Professionalism. This approach would serve to
highlight the importance ACREL attaches to professionalism and serve to keep the issue
in front of the membership.
Related to this point, it is equally important that professionalism appear on the
agenda for each ACREL meeting in some manner. This may take the form of alluding to
one or more tenets in the Statement of Professionalism or promoting an upcoming
professionalism program. The key is to ensure that the organization is committed to
7
BA3:263870.8
professionalism on an on-going, and not episodic, basis. The proposed revision to the
Existing Statement specifically references the need to demonstrate an institutional
commitment to the advancement and promotion of professionalism.
MEMBERSHIP SELECTION CRITERIA
ACREL’s Guidelines for Regular Member Selection, last revised in March 2003
(“Member Selection Guidelines”), do not contain a specific member selection criterion
involving professionalism. Rather, the Member Selection Guidelines state that the
nominee “must be a distinguished real property law practitioner who is well known as a
specialist in real estate law by fellow members of the real estate bar and who enjoys an
outstanding reputation for excellence and integrity in the practice of law.” (emphasis
supplied.)
Integrity is obviously an important selection criterion. The Professionalism
Working Group suggests that consideration be given to adding an additional member
selection criterion focusing specifically on a nominee’s reputation for professionalism,
including civility. The College’s well-deserved reputation for collegiality is consistent
with the notion of adding a specific reference to professionalism in the Member Selection
Guidelines.
PRO BONO SERVICE AS PART OF PROFESSIONALISM
The Existing Statement recognizes the importance of pro bono or reduced fee
legal services as part of professionalism. To assist practitioners in understanding the rich
diversity of public service and pro bono activities, the Professionalism Working Group
discussed the need to publicize the opportunities available to practitioners. We noted that
real estate lawyers may bring their “non-legal” skills to bear on these types of activities,
all of which reflects favorably on the legal profession. We noted that one of the purposes
of ACREL is to “give back” to the community in a multitude of ways. Examples include
the Habitat for Humanity efforts ACREL has undertaken in recent years. The Member
Selection Guidelines reflect the importance of this purpose.19
MENTORING
Guideline No. 5.b. states in pertinent part that “[t]he nominee shall have devoted substantial time and
effort to add to a more informed bar or public with respect to matters of real estate law and to improve real
estate practice and real estate law by . . . otherwise performing public service (all other than as the
nominee’s primary profession).” The New Hampshire Lawyer Professionalism Creed, adopted by The
Board of Governors of the New Hampshire Bar Association on April 4, 2001, emphasizes the importance
of pro bono service by lawyers. This creed states in pertinent part that “[a] New Hampshire lawyer has a
social conscience and is dedicated to serve the public and society. A New Hampshire lawyer is willing to
take up an unpopular cause or to engage in pro bono work, even when it is unpleasant or costly.” THE NEW
HAMPSHIRE LAWYER PROFESSIONALISM CREED, available at http://www.nhbar.org (last visited Feb. 16,
2004).
19
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BA3:263870.8
The Professionalism Working Group discussed the importance of lawyer
mentoring to advance the level of professionalism. Professionalism cannot be learned by
reading a book on professionalism. Younger lawyers learn the importance of
professionalism by viewing the style and personal interaction of more senior lawyers in
handling a real estate matter. ACREL members, because of their prominence in the real
estate area, are ideal role models for younger lawyers. It is important to encourage
increased interaction between the older and younger generation of lawyers so as to impart
professionalism concepts to the next generation of lawyers.
PROPOSED REVISION OF EXISTING STATEMENT
Based on its discussions and its critical review of the Existing Statement, the
Professionalism Working Group has concluded that various changes may be appropriate
to the Existing Statement. By its terms, the Existing Statement is not specific to a real
estate practice but rather is cast in practice generic terms. To enhance the relevance of
the Existing Statement to ACREL members and their real estate practices and to provide
a meaningful level of guidance to ACREL members, the Professionalism Working Group
recommends that the Existing Statement be amended to include specific references to real
estate practices.
The Professionalism Working Group debated whether the Existing Statement
should be revised to state, among other things, that lawyers should seek “fair and
balanced agreements” as part of their professional obligations. We tested this premise
against the ethical duties of a lawyer found in the Model Rules of Professional Conduct
(“Model Rules”). Model Rule 1.2(a) requires the lawyer to abide by the client’s
decisions concerning the objectives of the representation, subject to the limitations and
requirements of the balance of Model Rule 1.2 and the other applicable Model Rules; and
to reasonably consult with the client as to the means by which they are to be pursued, as
required by Model Rule 1.4(a)(2). Some viewed this as encouraging, if not requiring, a
lawyer to inform the client of the spectrum of possibilities that may be available in
negotiation of an agreement, including the cost and benefit of aggressive positions versus
proposing or seeking a “fair and balanced” agreement. Many observed that lawyers often
ignore their obligation to consult with the client about the means by which the objectives
are to be pursued. While Model Rule 1.2(a) further states that a lawyer may take such
action on behalf of the client as is impliedly authorized to carry out the representation,
too often lawyers accept a reactive scorched earth role, thinking the lawyer is doing what
the client must want. This Rule does not require adherence to the tactics a client wishes
to use to achieve the objectives if the objectives can be achieved another way, but we
note that a lawyer would take a great risk by pursuing the lawyer’s tactics without client
concurrence, after consultation.
There are limitations in the Model Rules to being a hired gun at the mercy of a
client; and a lawyer may withdraw from representing a client who pursues actions (or
directs the lawyer to pursue actions) the lawyer finds repugnant or with which the lawyer
has a fundamental disagreement (Model Rule 1.16(b)(4)), or would cause the lawyer to
violate other Rules (Model Rule 1.16(a)). A lawyer is not required, or at liberty, to
propose or reach a “fair” agreement if the client’s objective is to negotiate an
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advantageous one and that can be done without violating the other limitations of the
Model Rules. A lawyer can and must provide helpful guidance to the client about the
means by which the objectives are to be pursued, and that is where the discussion of the
fair and balanced approach can be put on the table.
We believe that pursuit of a “fair and balanced agreement” is outside the purview
of a professionalism statement, and could impinge on the professional responsibility of
the lawyer to represent the client diligently (Model Rule 1.3) in attaining the objectives of
the representation. Proponents of the obligation to seek such an agreement viewed it as
simply aspirational in nature and underscored the point that a “fair and balanced
agreement” may in the long run be in the client’s best interest. However, after
considerable discussion, the recommended revision of the Statement of Professionalism
purposely omits reference to this aspiration. This conclusion reflects the consensus that
the focus of a professionalism standard is not the nature of the agreement but rather the
means used to achieve the client’s objectives. Simply, the lawyer should not regard
pursuit of the client’s objectives as a license to oppress or to achieve some personal
accomplishments unnecessary to the client’s objectives.
Based on the above, attached as Attachment 2 is a proposed revision to the
Existing Statement. This revision seeks to reflect the points raised in this report and
increase the awareness and profile of professionalism within the College. Of course,
some Members may disagree with portions of the Existing Statement, but that is to be
expected in an area that it, by its nature, ill-defined and subject to interpretation. The
Professionalism Working Group decided to retain the basic framework of the Existing
Statement, but felt it was necessary to emphasize certain aspects of the Existing
Statement.
CONCLUSION
ACREL has a unique opportunity to assume an important, and much needed,
leadership role in the advancement of professionalism within the legal profession. The
proposals outlined in this report should provide a measure of guidance in how ACREL
may be able to assist itself, and other interested parties, in reviving and enhancing
professionalism within our ranks.
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ATTACHMENT 1
List of Recent ACREL Professionalism Programs
“Beyond Ethics: A Discussion of Legal Ethics and Professionalism &
Hypothetical No. 2 – The Missing Blacklining,” by Georgette C.
Poindexter (Fall 2000)
“Ethical and Other Issues for Counsel in Multi-State Real Estate
Transactions,” by Alan Wayte, Steven M. Alden and Diana MacPherson
(Fall 1999)
“Ethical Conduct and Liability to Third Persons in Legal Opinions
Practice,” by William B. Dunn (Spring 2000)
“Ethical Considerations in the Rezoning Process (“Conflicts of interest
and Other Ethical Issues in Land Use Matters; Not Your Ordinary Bear”),”
by Edward A. Peterson (Spring 1999)
“Ethical Considerations in the Rezoning Process (“Exactions – Bribery or
Justifiable Compensation?”),” by Joseph N. Barker (Spring 1999)
“Ethics Jeopardy for Real Estate Lawyers: A Videotape Presentation
Produced by the Texas Center for Legal Ethics and Professionalism,” by
D. Diane Dillard, John E. Blyth, Richard A. Cantlin and Charles W.
Trainor (Fall 1999)
“Hypothetical No. 1 – The Incomplete Closing Opinion,” by Stuart F.
Ebby (Fall 2000)
“Key Issues Regarding Law Firm Management, or “Have You Met Your
Partner, Associate, Contract Lawyer, Counsel, etc.?” or “It’s the Money,
Stupid,” by Robert L. Brown (Spring 1998)
“Professionalism for the Real Estate Practitioner,” by Peter W. Salsich, Jr.
(Fall 2000)
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ATTACHMENT 2
Proposed Revision of Existing Statement
STATEMENT OF PROFESSIONALISM
The American College of Real Estate Lawyers stands for the
highest standards in the practice of real estate law. In furtherance of the
standards of the College, its Members have adopted this Statement of
Professionalism and aspire to the following tenets.
1.
COMMITMENT TO THE CLIENT.



2.
Members must adopt the highest standards of excellence in
the practice of law, fulfill the fiduciary duties owed to each
client, and place the interests of the client, the legal
profession and the administration of justice above selfinterest.
Members should endeavor to achieve the client’s lawful
objectives in matters as expeditiously and economically as
possible.
Members should keep the client informed of the progress of
the matter for which the Members have been retained or
engaged, including the costs and fees.
COMMITMENT TO INTEGRITY AND CIVILITY.





Members must adhere strictly to applicable legal and
ethical standards of professional responsibility, acting with
fairness, honesty, personal dignity and professional
integrity.
Members must scrupulously honor commitments made and
extend civility and courtesy to all persons.
Members should advise clients that civility and courtesy are
not to be equated with weakness but are consistent with
vigorous advocacy and zealous representation.
In the conduct of negotiations, Members should conduct
themselves with dignity and fairness and refrain from
conduct meant to harass or annoy the opposing party.
Members should (a) in pursuing the objectives of the client
act in the best interests of the client but at all times in a
professional manner consistent with this Statement,
(b) conduct civil, honest and open negotiations, (c) draft
understandable
documents
consistent
with
the
understandings of the parties, and (d) disclose to the other
party obvious drafting errors inconsistent with those
understandings.
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

3.
Members will clearly identify, for other counsel or parties,
all changes and revisions made to documents.
Members will scrupulously refrain from making misleading
statements of law or fact, whether by omission, inference,
or implication.
COMMITMENT TO THE PROFESSION.



4.
Members should, at a personal level, encourage excellence
in the law by one or more of the following activities:
promoting a stringent program of continuing legal
education, engaging in professional speaking and writing
that expands the knowledge and practice skills of all
members of the bar, training and mentoring new and less
experienced lawyers, and voicing respect for the legal
system.
Members should avail themselves of professionalism
courses to remain abreast of developments in this important
area.
Members should strive to provide role models and
examples of balanced lives and professional practice for
law students and young lawyers.
COMMITMENT TO THE COMMUNITY.


5.
Members must provide pro bono or reduced fee legal
services to low income members of the community or legal
services to public or private organizations designed to
address needs or persons of limited means and should
perform public and community service for the public good.
Examples of this commitment include, among others,
providing legal assistance to non-profit neighborhood and
community development organizations and offering
negotiating and drafting skills to resolve local “not in my
backyard” issues.
COMMITMENT TO THE ORGANIZATION.


Members should advance the dialogue on professionalism
in the legal profession by participating in ACREL CLE
professionalism
programs,
writing
articles
on
professionalism, and engaging other lawyers in
professionalism discussions.
Members should nominate those candidates for admission
into ACREL who have exhibited high levels of
professionalism in their practices.
13
BA3:263870.8

Members should observe and practice the tenets set forth in
this Statement of Professionalism.
14
BA3:263870.8