PROFESSIONALISM CORNER
What Does Diversity and Inclusion Have to Do with Professionalism ?
KALINTHIA DILLARD
According to The Florida Bar Standing Committee on Professionalism , “ professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession …. The essential ingredients of professionalism are character , competence , commitment , and civility .” While we all agree that the tenets of professionalism are important to the practice of law , our discourse often overlooks the intersectionality between practicing with professionalism and our commitment to diversity and inclusion . Diversity and inclusion affects many aspects of our profession , from our interaction with clients , judges , and opposing counsel ; our goal of ensuring equal access to justice ; our mentoring and professional development efforts ; to our competent representation of clients .
Courtesy and Civility : The practice of law is by nature adversarial . Nevertheless , lawyers must advocate for clients with civility . Lawyers should avoid disparaging personal remarks and discriminatory conduct towards opposing parties and their counsel .
Some hostile communications are easily identified as improper and unprofessional . However , comments made calmly or even by mistake may also be unprofessional . A male judge or attorney should not call a female attorney “ little lady ,” “ paralegal ,” or “ court reporter ,” as has been reported by female attorneys in our county . Such remarks can damage the relationship between the attorneys , could harm a female attorney and her client ’ s perception of her competency or of the legal profession ; or could be prejudicial to the administration of justice .
Although such concerns may sound like a bygone era , in October 2015 , the Young Lawyers Division of The Florida Bar released findings from its 2015 YLD Survey on Women in the Legal Profession , and 43 % of respondents reported experiencing gender bias , including harassment from opposing counsel , an employer , or the court .
In January 2022 , Fourth District Court of
Appeal Judge Martha C . Warner noted that a litigant repeatedly used “ he ” when referring to her . She advised that “‘ he ’ is not the default universal personal pronoun .” She further noted that the use “ reveals the tenacious grip that the male image has in the legal profession to the detriment of women who have joined the profession in droves ……..”
Similarly , professional etiquette should be extended to all participants in a legal matter regardless of race , gender , gender identity , socioeconomic status , or education . The Florida Bar ’ s Professionalism Expectations advises lawyers to “ refer to all parties , witnesses , and other counsel by their last names during legal proceedings .” Florida has a diverse population from other places in the world . Correctly pronouncing the name of your client or opposing counsel ( or asking if you are unsure ) goes a long way towards courtesy and civility .
Scheduling : The Florida Bar ’ s Professional Expectations states that lawyers should not make scheduling decisions that limit opposing counsel ’ s opportunity to prepare or respond . When scheduling hearings and depositions , be mindful that your opponent or client may honor religious or cultural holidays that you do not celebrate . Additionally , when possible , try to address the needs or concerns of working and / or nursing mothers when making scheduling decisions . Consider scheduling lengthy depositions in a location that would allow a nursing mother a private space for lactation .
PBCBA BAR BULLETIN
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Competency and Communication : Lastly , corporations have encouraged outside firms to hire a diverse team of attorneys who may be assigned to their matters . For economic reasons , many firms have complied . Diversity and inclusion , however , does not end with the hiring process . Instead , true inclusion means mentoring and professionally developing all attorneys in your office to ensure they have the knowledge , skills , and competence necessary to support your clients . Indeed , the professionalism standards state that a lawyer should not enter into an attorneyclient relationship unless the lawyer can provide competent and diligent service to the client throughout the course of the representation . In addition to substantive legal knowledge , employing diverse , qualified , competent attorneys experienced with different cultures , languages , and backgrounds can enhance your practice , reputation , credibility , and effectiveness with judges , juries , and future clients .
Additionally , part of competent representation involves effective communication . Utilizing diverse staff or translators , when necessary , may assist with effective communication with clients . In communicating with diverse clients , first , be a good listener and be willing to learn . Cultural knowledge and appreciation play a role in your ability to be an effective advocate .
You should be aware that clients may have familial , religious , or cultural differences from you that may shape their worldview and their beliefs as to the best resolution to a legal matter , impact their prioritization of goals and objectives , influence the scope of the legal services needed , or impact the client ’ s understanding of the judicial process .
In 2017 , a criminal suspect in Louisiana told detectives to “ just give me a lawyer dog .” The Louisiana Supreme Court ruled that the suspect was asking for a “ lawyer dog ,” and not invoking his constitutional right to counsel . This case was widely discussed regarding whether cultural differences between the suspect and the questioning officers may have influenced the case . Regardless of your view of this case , undeniably , professionalism is enhanced when lawyers are skilled in communicating with diverse clients , attorneys , and judges ; are prepared to serve the needs of diverse participants in the legal system ; and practice in ways that advance the commitment to service and the public good and improves our profession ’ s reputation for fairness and equity .