Lawyer vs. Lawyer: Confronting Unethical Conduct Within the Profession

Written by George Kazoleas, Lawyer

One of the greatest difficulties in the daily practice of lawyer’s profession is the relationship with other lawyers and more specifically the unethical conduct of some lawyers.

Although in all legal systems of the civilized world there is a legal framework, the so-called codes of ethics among lawyers, I would venture to say that these are probably the most unenforceable rules in practice.

While some unethical behaviors, like misappropriating client funds, directly harm clients, others affect the relationships between lawyers. Here are some examples:

• Misleading or Deceitful Communication: Making false statements about a case, misrepresenting facts to opposing counsel, or concealing relevant information. For many lawyers, the end justifies the means, so deceiving and lying to the opposing lawyer are the most common means to "Success".  It happens to me all the time that opposing lawyers tell me one thing when we're alone, say another thing in front of clients, and completely different things in court during the trial.

• Abusive or Harassing Conduct: Engaging in verbal or physical harassment, using derogatory language, or exhibiting bullying behavior towards other lawyers. It is especially common when there is an age gap between lawyers. Older lawyers bully younger ones, often in front of clients or even in court in front of judges. Also, female lawyers, foreign lawyers, or lawyers who are not part of large law firms are often victims.

• Interference with the Administration of Justice: Engaging in tactics designed to unnecessarily delay proceedings, obstruct access to evidence, or undermine the integrity of the legal process. It is often observed among lawyers that some exploit a formalistic procedural provision of law to benefit themselves in a case. The boundaries though between fair and unfair behavior in this regard are blurred and always depend on each individual case.

• "Riding on the Coattails": Using another lawyer's name or reputation to gain web traffic or attract clients unfairly. Exploitation and usurpation of another lawyer's work which is often found within law firms that employ a large number of lawyers.

• Failing to Communicate or Cooperate: Refusing to communicate with opposing counsel, failing to respond to inquiries, or acting uncooperatively, hindering the efficient resolution of cases.  It's a daily occurrence to send emails that remain forever unanswered as if they were never sent. Dozens of phone calls that go unanswered and are never returned.

• Discourteous Behavior: Interrupting or talking over other lawyers, publicly disparaging a fellow lawyer's intelligence or perceptiveness. Typical behavior that some lawyers perform in front of their clients. By belittling the opposing lawyer, they try to appear worthy of their own client's trust or to "grab" the client of the offended lawyer ("Look, I'm better than your lawyer").

I am sure that the lawyers who read these lines could add many more cases and incidents of unfair and unethical conduct among lawyers. But as a conclusion to this article, let us keep the positive side of things. Practicing law, even if it often resembles a wild jungle, remains a high-level profession that affects the functioning of society and it owes this to those lawyers who honor and respect other lawyers and fortunately they still exist among us. (photo:freepik.com)



George Kazoleas is a qualified Lawyer both in Greek & Cyprus Law. Since 2005 he has an extensive professional experience, as legal counsel and litigator being also certified mediator in civil & commercial disputes in Cyprus. 

Email: giorgos.kazoleas@gmail.com


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