Professional Representation: Essential to Your Defense

Being a professional helps your case.

Important Disclaimer: Please be aware that the information presented in this blog post is intended for general informational purposes only and should not be construed as legal advice. While we aim to provide valuable resources for military justice attorneys and the public, no blog post can replace personalized legal counsel from a qualified attorney. If you are experiencing legal issues or need specific guidance, we strongly encourage you to consult a legal professional who can address your circumstances.

When you hire an attorney to represent you, you entrust them with something profoundly important—your reputation, future, and peace of mind. As your advocate, your attorney’s conduct reflects not only their ethical obligations but also their strategy for achieving the best possible outcome in your case. That’s why my engagement agreements with clients include the following provisions about why professional representation helps their case: 

Our Firm is committed to representing your interests with the utmost professionalism, integrity, and dedication. As part of this commitment, we will interact with opposing counsel, law enforcement, and other parties involved in your matter in a courteous and respectful manner. This approach is not only a reflection of our ethical obligations as attorneys but also, in our experience, serves your best interests. Please understand that our professional and amicable demeanor toward opposing counsel or law enforcement should not be construed as a lack of loyalty to your cause or a lack of zeal in representing you. On the contrary, maintaining a cooperative and professional relationship with all parties involved can often lead to better results, such as more favorable negotiations, improved communication, and reduced hostility, all of which can advance your case more effectively. Acting unprofessionally or disrespectfully toward others in the legal process—commonly called "acting like a jerk"—can harm your case, damage credibility, and create unnecessary obstacles. By adhering to a professional and respectful strategy, we aim to preserve and advance your interests while upholding the highest standards of the legal profession.

This language is more than just a set of guidelines—it’s a principle that underpins how I represent my clients and advocate for their best interests. In this article, I’ll explain why maintaining professionalism is critical in legal advocacy, the risks of unprofessional behavior, and how this strategy benefits you as the client.

Not all attorneys maintain a professional demeanor within their practice. Regrettably, certain attorneys engage in unprofessional conduct that can compromise the respect and integrity of the legal profession. These individuals often opt to present themselves in an abrasive or aggressive manner, erroneously believing that such behavior will be advantageous for their case or will garner favor with their clients. This conduct may become evident during interactions with opposing parties, witnesses, and even in the presence of the court. Such behavior reflects poorly on the attorney and can potentially escalate tensions, divert attention from the critical legal issues at hand, and adversely affect their client’s case.

The Ethical Obligation to Be Professional

As an attorney, I am bound by ethical rules that govern my interactions with opposing counsel, law enforcement, witnesses, and the courts. These rules are not arbitrary—they exist to ensure fairness, civility, and the orderly administration of justice. A professional demeanor is not just about being polite; it’s about operating within a framework that upholds the integrity of the legal process.

- Respect for All Parties: Treating opposing counsel, law enforcement, and other parties with respect fosters a collaborative environment where disputes can be resolved efficiently. 

- Credibility with the Court: Judges and decision-makers value attorneys who conduct themselves in a professional and respectful manner. Unprofessional behavior can damage not only your attorney’s reputation but also your case. 

By adhering to these ethical standards, I ensure that your case is presented in the most credible and persuasive way possible.

Why Professionalism Is in Your Best Interests

Some clients may worry that their attorney’s friendly or respectful demeanor toward opposing counsel, prosecutors, or law enforcement signals a lack of loyalty or zeal for their cause. This is a common misconception. In reality, professionalism is a strategic advantage that can significantly benefit your case. Here’s how:

1. Better Negotiations

Legal disputes often involve negotiations—whether it’s a settlement, plea bargain, or some other resolution. Hostility or disrespect toward opposing counsel can poison these discussions and make it harder to achieve favorable terms. 

- A professional demeanor fosters goodwill and can lead to more productive conversations. 

- Opposing parties are more likely to compromise when they feel respected and heard. 

2. Improved Communication

Clear and respectful communication is essential to resolving disputes effectively. When emotions run high, as they often do in legal matters, professionalism helps keep the focus on the facts and the law. 

- Professionalism ensures that important information is exchanged without unnecessary conflict or hostility. 

- It reduces the risk of misunderstandings or miscommunications that could harm your case. 

3. Reduced Hostility

Unprofessional conduct can escalate tensions and create unnecessary obstacles. By remaining calm and courteous, I help de-escalate conflicts and focus on resolving the issue at hand. 

- Reduced hostility can prevent delays or additional complications in your case. 

- It also helps maintain a more positive environment for you as the client, reducing stress and anxiety.

4. Preserving Credibility

Judges, military panels, and other decision-makers are more likely to take your case seriously when your attorney conducts themselves professionally. Conversely, aggressive or disrespectful behavior can backfire and harm your case. 

- Professionalism demonstrates that your case is being handled with care and integrity. 

- It enhances your attorney’s credibility, which can make their arguments more persuasive.

The Risks of Acting Unprofessionally

It’s worth noting the potential consequences of unprofessional behavior—what I refer to as “acting like a jerk.” While it may feel satisfying in the moment to be combative or aggressive, this approach almost always creates more problems than it solves. 

1. Damaged Relationships

Legal disputes often involve ongoing interactions with opposing counsel, law enforcement, or other parties. Unprofessional behavior can damage relationships and make it harder to resolve issues effectively. 

2. Increased Hostility

An overly aggressive or disrespectful approach can escalate tensions and lead to unnecessary conflict. This can result in delays, additional legal expenses, or even retaliation from opposing parties. 

3. Loss of Credibility

Decision-makers—whether judges, juries, or administrative boards—expect attorneys to conduct themselves with professionalism. If your attorney behaves unprofessionally, it can reflect poorly on your case and undermine your credibility. 

4. Harm to Your Case

Ultimately, unprofessional behavior can create unnecessary obstacles that hinder your case. From strained negotiations to unfavorable rulings, the consequences can be significant and far-reaching.

Addressing Client Concerns About Professionalism

Some clients may interpret a respectful or professional demeanor as a lack of zeal or loyalty. I want to be clear: professionalism does not mean weakness. On the contrary, it is a strategic choice designed to achieve the best possible results for you. 

- Zealous Advocacy: Being professional doesn’t mean I won’t fight for you. It means I will fight smart—using strategies that maximize our chances of success. 

- Loyalty to Your Cause: My commitment to professionalism is rooted in my loyalty to you as my client. Everything I do aims to advance your interests and achieve the best possible outcome. 

- Transparency: If you ever have concerns about my approach, I encourage open and honest communication. I aim to ensure you feel confident in how your case is handled.

Conclusion: Professionalism Is the Key to Effective Advocacy

The legal process can be challenging and emotional, but maintaining professionalism is essential for achieving the best possible outcome. By treating all parties with respect, adhering to ethical standards, and focusing on productive solutions, I can advocate for you effectively while preserving your credibility and advancing your interests.