A call for professionalism and civility

By David A. Wiseman
Special to the Saipan Tribune

Editor’s Note: Below is the text of a presentation that Associate Judge David A. Wiseman made yesterday morning at the CNMI Bar Admission Ceremony.

Good morning Chief Justice Demapan, associate justices, associate judges, members of the CNMI Bar Association, distinguished guests and in particular the new members of the CNMI Bar Association. It is my pleasure to be here and have this opportunity to speak to you at this bar admission ceremony.

In traveling to the courthouse today we were all able to have comfort while on the road that cars traveling in the opposite direction would not cross over to our lane and would, within reason, obey other rules of the road. In our homes or hotels last night we were able to spend time with our family, friends or by ourselves with comfort that we could be free from persons outside unlawfully interfering with our peace and quiet. When we purchase something from a licensed vendor we can take comfort in the fact, that in all likelihood, it was what we expected or what we bargained for. These and the countless other activities that occur in our daily lives are all possible as a result of the rule of law.

The very core of any civilized society is dependent on the indispensable existence and adherence to the rule of law. The belief in the rule of law for an orderly society demands a commitment to support it. Lawyers play a very important role in such commitment because they are considered to be the champions of reasoned debate and are indispensable to the preservation and implementation of the rule of law. However, a key factor in order for lawyers to have a positive effect in this role is that of professionalism.

The public confidence in the integrity of our courts is also dependent on, among other things, the professionalism of the lawyers practicing before it. Lawyers have an obligation to engage in dignified conduct when conducting their profession.

AS new members of the CNMI Bar who will be practicing before the CNMI courts, you should be mindful of the fact that we are a relatively young, but strongly developing jurisdiction. Our government is less than 30 years old and our integrated bar association is only about 20 years old. For those of us in the Judiciary, this provides us with what has been and continues to be a great opportunity to shape our court with policies that seek high standards of professionalism and ethics from those practicing before us.

For many years in the U.S. legal community, there has been concern over the state of the legal profession. Bar groups, citizens, judges, elected officials, authors and others have worried about the lack of professionalism that has befallen the legal profession. All lawyers have an inherent obligation to counter such image, when possible, by conducting their activities in a professional manner.

Quoting some remarks of Chief Justice Veasey of Delaware, he stated that, “Professionalism requires that a lawyer should zealously and firmly protect and pursue a client’s legitimate interests by a professional, courteous, and civil attitude toward all persons involved in the litigation process.” One who does not do so is not properly representing his client. He further stated that the client’s cause is not advanced by a lawyer who engages in unprofessional conduct.

Professional conduct, of course, implies also adherence to the rules of ethics. However, ethics is a set of rules that lawyers must obey. Violations of these rules can result in disciplinary action or disbarment. Professionalism, however, is not what a lawyer must do or must not do. It is a higher calling of what a lawyer should do to serve a client and the public. Professionalism goes beyond the minimum standards required of all lawyers. Professionalism is a higher standard expected of all lawyers. Professionalism embodies an attitude and a dedication to civility, skill, businesslike practices and a focus on service.

In closing, I submit to you that, as new members of the Bar and officers of the court who may practice before this court, you are vested with a high degree of public trust and your services to the people you will serve are of a very high order.

You all have a very important role to perform and the rule of law and the people that you will commit to serve must always have confidence that you will in fact perform well. It is up to you to play a part in maintaining that public confidence and a positive attitude and practice of professionalism will enhance and assure such endeavor.

The essence of life is change and to the new roles that lie ahead of you, on behalf of the Commonwealth Judiciary, I congratulate all of you and extend my best wishes for your success, and look forward to seeing your professionalism become a compliment to the CNMI judiciary.

(David A. Wiseman is an associate judge at the Commonwealth Superior Court.)