Spurred by a legal system comprised of advocates, litigation proves to be a competitive environment where each lawyer functions as a zealous representative for his client. Whether it is merely human nature or the personality types drawn to litigation-based areas of the law, perhaps a bit of both, the atmosphere of litigation to an extent parallels that of a sporting event—abundant with a competitive spirit. Each advocate strives to move forward the interests of his client, avoiding pitfalls and maneuvering based upon the positions and strategies of opposing counsel. While litigation may mimic a sporting event in a sense, the truth is, it is far from it, yielding real and potentially life-altering consequences for the litigants engaged in the matter. With the potential of such a significant impact, young practitioners should not be blinded by the competition of litigation. They must always adhere to vital pillars of the practice—maintaining the ethical standards, protecting the integrity of the profession, all while focusing on client goals to achieve solutions for clients' legal issues.

Turning to the area of ethics, young practitioners cannot be misguided by the competitive nature of litigation when confronted by an unrepresented party. The ethical pillars of the practice cannot be forgotten, despite the temptation to obtain desirable results for your client. The Model Rules of Professional Conduct specifically address transactions with persons other than clients. Pursuant to Rule 4.1: "Truthfulness in Statements to Others", a lawyer shall not knowingly: make a false statement of material fact or law to a third person; or fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client unless disclosure is prohibited by Rule 1.6. Therefore, a young lawyer cannot be tempted by dishonesty or any form of misrepresentation when representing a client immersed in litigation, even when dealing with an unrepresented party. Rule 4.3 addresses how to deal with an unrepresented person and specifically discusses the need for a lawyer to disclose his role in the pending litigation with the individual unrepresented by counsel. Also, under Rule 4.3, the lawyer may not give legal advice, other than to advise to secure counsel, if the lawyer knows or reasonably should know the interests of such a person are adverse or conflicting with the interest of a client. Thus, when a new practitioner faces an unrepresented opponent, the competitive atmosphere of litigation must not overshadow his obligation to make proper disclosures of his role in the matter. Communication is, of course, also an issue when dealing with a person represented by counsel. As outlined in Rule 4.2, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in a matter unless consent is given by the other lawyer or authorized to do so by law or court order.

The contest of litigation cannot blind an attorney when in the courtroom. Rule 3.3: "Candor Toward the Tribunal" forbids a lawyer from making false statements to the court. It also requires a lawyer to correct previously made false statements and to disclose proper legal authority, even authority known to be adverse to the position of the client. A lawyer must also not offer evidence that a lawyer knows to be false. The competition of litigation must not lead a young lawyer to stray from these principles, even if it may make winning a case seem more probable.