The Department of Labor states that “professionalism does not mean wearing a suit or carrying a briefcase.”¹ Yet as attorneys, we are immediately looked to as professionals, in part because we do in fact wear suits and carry briefcases. It is incumbent upon all attorneys to ensure that we are professionals. The Department of Labor goes on to define professionalism as “conducting oneself with responsibility, integrity, accountability, and excellence. It means communicating effectively and appropriately and always finding a way to be productive.”² This definition perfectly describes how attorneys should and, indeed how we are required to, act. We are given guidance in the Preamble: A Lawyer’s Responsibilities in Rule 1.0 of the Michigan Rules of Professional Conduct: “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials.”³ Consider how much better our profession would be if we regarded that comment as a “shall” and not a “should.”

As a prosecutor, rarely does a day go by where I am not in a courtroom and have the opportunity to observe many different law yers. What is, and what is not, considered professional is on full display in that setting. Criminal cases can carry a lot of emotions, and it is the attorneys and judge who must keep it professional. A prosecutor’s words toward the accused must be made with respect and dignity. The same is true for how a defense attorney references a victim. I have had conversations years after a case concluded where the people involved still remembered what was said in the courtroom. But the work necessary to be a professional is done before the day in court. When running a marathon, the work is done in all of the time spent training before the race. Just like a marathon, the work of professionalism is done long before you step into a courtroom or have a meeting with a client.

What is our training for this marathon? We train to be professionals from the moment we begin law school. There, in addition to learning the rules of ethics, hopefully we learn how to respectfully communicate with each other and learn to have respect — even for those we disagree with. The Michigan Rules of Professional Conduct and the accompanying notes give guidance regarding what is expected of us in this long race of a legal career. But the training does not end there, and hopefully, it never ends. Throughout our careers, but especially early on, we should seek out good role models and pay attention to how other lawyers act. We should emulate their good behaviors as well as familiarize ourselves with our ethical obligations. Having spent the majority of my career in a small-town prosecutor’s office in the Upper Peninsula, I learned early on about the need for good role models. I had to learn how to navigate this area of the law where, at times, the victims I was trying to help only wanted to be left alone. I had to learn how frustration with an attorney in a courtroom had to be left in the courtroom. The attorneys I have worked under and learned from taught me lessons I still use to this day.

The Department of Labor also gives guidance in its definition for how to train, starting with conducting oneself with responsibility. Words matter, maybe no more than in our profession. Lawyers must be responsible and thoughtful with their words. As officers of the court, our words must be truthful, but they also must be genuine. We know how to say something without saying anything. We have a professional responsibility to say things that are helpful to those we encounter. Indeed, we are ethically obligated to be truthful.⁴ We also must act with decorum and must treat people in the legal system with dignity and respect.⁵

We also must conduct ourselves with integrity. A lawyer’s integrity is something within his or her own control and can often be established and maintained through proper preparation. Preparation is key for a race or a case, but in both, there are hurdles. Workload and procrastination can be the biggest hurdles that lawyers face in the pursuit of professionalism. Procrastination alone may be the most widely resented professional shortcoming.⁶ Fortunately, these can be remedied by the lawyer by managing workload, setting appropriate reminders, and when necessary, declining more work than they can handle. It may not be easy, but we owe it to clients and to the profession. Attorneys should never allow themselves to be overburdened to the point that they violate duties owed to their clients, such as the duties of competence (MRPC 1.1), diligence (MRPC 1.3), and communication (MRPC 1.4). Likewise, attorneys cannot use their workload as an excuse for missing court deadlines or violating discovery obligations.

We should conduct ourselves with accountability. After all, we are a self-governing profession. That means it is on every lawyer to ensure that our profession is accountable. Accountability should come from within. We are often in the best position to know what we are doing wrong and to hold ourselves accountable. But accountability cannot be accomplished on an island. To be professional is to help our colleagues. In a long race, other racers check on the injured. We must do the same. We must check on each other. We should mentor newer attorneys. We also should ensure that our colleagues are doing ok, both in terms of managing their practices and in terms of their professional lives. We should encourage each other to care for our mental and physical well-being. At times, we may have to have difficult conversations if someone is not holding themselves to the standard that the profession demands. At times, it may even become necessary to report a fellow attorney to disciplinary authorities, which, under certain circumstances, is our ethical obligation.⁷ Accountability is not easy, but it is vital.

Lastly, if we pursue the training properly, we will conduct ourselves with excellence and fulfill our obligations to our clients, to our colleagues, and to our community. Excellence is a finish line for a professional. Part of my job involves going into schools, and there is always a lot of interest from students in the work we do. It is also a chance to be with colleagues and judges in a different setting. Students like asking about your most difficult case or what a trial is like. Hearing how colleagues and our judges answer those questions reminds me how, no matter what side you are on, we have similar pressures and goals. We cannot lose sight that winning at any cost is not a viable trial strategy, and it will often lead attorneys down a perilous path of ethical and professional missteps. We cannot control the outcomes of our cases, but we can control how we conduct ourselves.

Professionalism is a constant in our careers, and yet it changes. What is acceptable now may not have been acceptable when you started. That is not always a good thing. Our President, Lisa J. Hamameh, outlined in her inauguration that one of her top priorities is to urge attorneys to remember why they chose their path and to recommit to their role as defenders of the rule of law.⁸ We cannot defend the rule of law without professionalism. We are to be the example not only for the public but the bar as well. One way to defend the rule of law may be to recommit to professionalism.

Marathon training culminates in a race. For attorneys, that day is how a matter resolves. Whether it is a transaction or trial, each case we take on will eventually have an end. The end will be a result of the choices we make along the way. How we treat opposing counsel is an important choice. And it's not only the ones we get along with or who are easy to work with. We are to treat all persons involved in the legal process with courtesy and respect and proceed only by means that are truthful and honorable.⁹ In a small town, it is not uncommon to have a difficult court hearing only to see the opposing counsel days later out with his or her family. Yet nothing reminds you to always treat others with respect more than that moment when you see each other outside of a case.

Professionalism is how we conduct ourselves even when we do not agree with what is happening. The law is not a weapon. It does not choose sides. It does not play favorites. When it is followed, it brings order to chaos. To be professional is to follow the law. To be professional is to not make it about the one on the other side but to make it about the greater good.

A career in the law is truly the ultimate marathon. There will be peaks so high because you have changed the life of another for the better. There will be valleys so low because rarely does someone seek out an attorney when life is going great. As a career continues through the years, the only victory we can guarantee is if we uphold professionalism. We will all fall short of it at times, but it is what we do next that matters. If that is done right, we have succeeded. Because at the end of the race, whether it be in the race of one’s legal career or life, are we not all just hoping to be told, “Well done, good and faithful servant"?¹⁰