PROFESSIONALISM CORNER
We Are All in This Together
PATRICIA LEONARD
The legal community in Palm Beach County is known for its professionalism and collegiality . Although most attorneys in our county conduct themselves in accordance with the Florida Rules of Professional Conduct , the Florida Bar Professionalism Standards , and the Palm Beach County Bar Association Standards of Professional Courtesy and Civility , there are unfortunately a small number of those who do not . But even for those who conduct themselves in accordance with those rules and standards , it is important to remember that attorneys must do more . As lawyers , our responsibilities for maintaining a professional and civil legal community also include encouraging other attorneys to abide by their obligations of professionalism and speaking up if we see attorneys behaving in an unprofessional manner toward others .
The preamble to the Florida Rules of Professional Conduct recognizes that lawyers are responsible not only to conduct themselves with professionalism , but to also assist in ensuring that others in the legal community do so as well . Specifically , the preamble provides that “ every lawyer is responsible for observance of the Rules of Professional Conduct . A lawyer should also aid in securing their observance by other lawyers . Neglect of these responsibilities compromises the independence of the profession and the public interest that it serves .” ( emphasis added ).
The Florida Bar ’ s Professionalism Expectations are also clear that lawyer professionalism specifically includes “ accepting responsibility for one ’ s own professional conduct and the conduct of others in the profession , including encouraging other lawyers to meet these civility and Professionalism Expectations . . .” ( emphasis added ). The Professionalism Expectations go on to say that “[ a ] lawyer should counsel and encourage other lawyers to abide by these Professionalism Expectations .” ( emphasis added ).
Many of us have witnessed times when attorneys treat other attorneys unprofessionally - with those newer to the profession often being the targets of the discourteous behaviors . These include a wide range of actions such name calling , raised voices / yelling , mocking , interrupting , intimidation , and sending e-mails with profanities , threats , insults , slurs or other condescending or patronizing language . The goal is to humiliate , demean , or embarrass the other attorney in an effort to gain some sort of upper hand . This is bullying , pure and simple , and has no legitimate place in our profession .
Parents and teachers instruct children to get involved when they see a bully picking on someone , because when bullies see that their peers do not approve of their actions , they are less likely to repeat them . Simply ignoring the problem often emboldens bullies and rarely makes the problem go away . But when children stand up for each other , and against bullies , it becomes clear that the group will not tolerate any of its members being treated poorly . The same concept applies with equal force in the legal profession .
A lawyer who stands by idly when observing discourteous behavior toward another lawyer is part of the problem , and is not fulfilling his or her obligation to ensure that all lawyers behave professionally toward one another . This is especially true when lawyers who are newer to the profession are being bullied . When a more experienced attorney steps in , it sends the message not only that the larger group demands that we treat each other with respect , but also that as attorneys , we are looking out for each other .
So to the more experienced attorneys , challenge yourself to act . If you see an attorney speaking to another attorney in an unprofessional manner , let the bully know in the moment that they should not be speaking to a colleague in that way . If you are copied on an e-mail in which you see someone directing unprofessional comments to someone else on the communication , let everyone on the e-mail chain know that that type of e-mail discourse must stop .
PBCBA BAR BULLETIN 13
And if you are an attorney who is newer to the profession who is on the receiving end of unprofessional conduct , please know that this is not our community standard or norm . If you feel comfortable addressing the behavior directly with the bully , do so in a calm and professional manner . If you are uncomfortable addressing the issue yourself , please reach out to a more experienced attorney in the community , or the Palm Beach County Bar Association Professionalism Committee , for their assistance in getting the issue resolved .
Remember that we are all in this profession together . We need to look out for each other and to rely upon each other . Maintaining the professionalism and collegiality of the Palm Beach County Bar is possible only when we make clear that we will tolerate nothing less than professional conduct with respect to all of our members .