CHARLESTON – The state Supreme Court has provisionally adopted a change to the oath lawyers take when they are admitted to practice in West Virginia.
During a May 17 announcement, Chief Justice Evan Jenkins signed an order provisionally adopting the addition of a civility pledge to the oath and releasing the change for public comment.
All five state Supreme Court justices as well as West Virginia State Bar President Tom Scarr and West Virginia Board of Law Examiners President Jason Pizatella took the newly expanded oath during Monday’s event.
Jenkins
The new part of the oath is in italics below.
“I do solemnly swear or affirm that: I will support the Constitution of the United States and the Constitution of the State of West Virginia; that I will honestly demean myself in the practice of law; that I will conduct myself with integrity, dignity and civility and show respect toward judges, court staff, clients, fellow professionals and all other persons; and to the best of my ability, execute my office of attorney-at-law; so help me God.”
Chief Justice Evan Jenkins said the change is another step the court is taking to improve the practice of law in the state.
“West Virginians are by nature friendly and civil, and our attorneys are courteous to each other, the judiciary and the public,” Jenkins said. “This pledge alerts everyone in our profession and the public that being kind and respectful is not just a good idea, it is now a professional standard to practice law in our state. …
“In every lawyer’s life, one of the most significant moments is when he or she is admitted to the practice of law. There is an oath of admission each new attorney takes. West Virginia today is updating that oath.”
Jenkins said less than half of the states have updated their oaths to add such a civility clause.
“It’s a teachable moment for every new attorney in West Virginia,” he said. “It’s a day they will always remember. It’s an oath we expect them to follow. Thanks to our constitutional form of government, people rely on the courts to settle disputes in a peaceful manner. There is no better place to demonstrate that civility than in the judges and attorneys who work in the court.”
Justice Beth Walker agreed.
“One of the hallmarks of the new Supreme Court has been a deep commitment to civility, a deep commitment to the rule of law and a deep commitment to treat each other and everyone who appears before us with respect and civility and fairness,” she said. “Updating the lawyer’s oath is good for lawyers. It’s good for us as we work with each other. It’s good for judges and especially it’s good for West Virginians.”
Justice Tim Armstead said civility is a hallmark in the courts.
“As I think back over my legal career, the overwhelming impression I have had of other attorneys is not how well they argued a case or how successful they are but how they treated the opposing side, the clients, the individual jurors and witnesses, the people they come into contact with as part of their professional career,” Armstead said. “It’s an incredibly important principle we need to stress to new lawyers joining the Bar – the importance of civility.”
Justice John Hutchison agreed.
“Lawyers are required to zealously advocate for their clients,” he said. “Part of zealously advocating does not mean a scorched-earth policy in terms of the parties on the other side. We have an obligation to be civil to each other.”
Justice Bill Wooton said he likes the change being made.
We “should not be seen as a sign that civility is declining within our profession; rather, it should be seen as a celebration of the civility that has always been a hallmark of the legal profession and, likewise, a celebration of the role of lawyers as leaders in the community throughout this state,” Wooton said. “At a time when political discourse is increasingly acerbic and a great many human interactions are devoid of the civility that is common in our profession, hopefully this highlighting of civility within the Bar will serve as a useful example.”
Scarr said the State Bar supports the action.
“This is an important issue for all of us,” Scarr said. “We don’t have any grand illusions that changing the oath will automatically change behavior of lawyers or anyone else in society, but it is an important first step.
“It is a reminder to lawyers that, while they have to zealously represent clients, they have an obligation to the system, the system of justice.”
After the 30-day comment period, the court will review and decide on final adoption. The order can be seen on the Supreme Court website. http://www.courtswv.gov/legal-community/requests-for-comment.html. Comments must be filed in writing with the Office of the Clerk, Supreme Court of Appeals, State Capitol Rm E-317, 1900 Kanawha Blvd. East, Charleston, WV 25305.
