HCBA Lawyer Magazine Vol. 30, No. 3 | Page 60

PROFESSIONALISM IN FAMILY LAW Marital & Family Law Section Chair: Katherine Scott - Harris, Hunt & Derr, PA Despite the heightened emotions in family law, our oath remains the same. “An adversarial family law system raises the stakes unnecessarily high, exacerbates the antagonism of the couples concerned, and is directly responsible for making it impossible for couples who would otherwise have reconciled to do so.” — Louis de Bernieres F amily law is a unique, emotionally-charged area of law, because it involves extremely sensitive disputes. Due to the emotional nature of these cases, family lawyers must make an extra effort to resolve them expeditiously to provide families with stability. Family lawyers must avoid the contentious, personal issues that arise during family law matters. According to The Florida Bar Family Law Section’s professionalism guidance, Bounds of Advocacy, family lawyers must “[e]nsure that concern for a client’s desired result does not subvert our fairness, honesty, civility, respect, and courtesy throughout the process.” 1 Conversely, a lack of professionalism may result in unethical conduct reflecting poorly on both the lawyer and the legal field. Professionalism can help lawyers navigate and settle the difficult and contentious situations so common in family litigation. Hillsborough Circuit Judge Darren Farfante noted, “Often, issues with professionalism 58 stem from a lack of respect and/or failure to communicate. When attorneys and parties focus on preserving a base level of mutual respect and communicate directly, professionalism typically follows.” Family lawyers can be cordial and friendly without diminishing effective advocacy on behalf of their clients. 2 Lawyers who approach family matters with empathy and an eye towards professionalism will have better outcomes. Therefore, it is essential that family lawyers endeavor to make positive impressions on their clients, judges and opposing counsel. Two helpful guidelines can be found in Bounds of Advocacy: 1.1 A lawyer must strive to lower the emotional level of family disputes by treating everyone with respect. 3 2.1 A lawyer should advise the client of the emotional and economic impacts of altering the family structure and explore all options including reconciliation. 4 Accordingly, family lawyers should be aware of how their actions and words can affect their client’s perspective. Family lawyers who treat their clients with respect will likely find that their clients feel more optimistic about their case and the legal system. But this process alters the family dynamics, finances, and emotions — so lawyers should advise the client of all possible options including reconciliation, counseling, or potential settlements. Despite the heightened emotions in family law, our oath remains the same. “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court but also in all written and oral communications. I will abstain from all offensive personality…” This holds particularly true in family law matters, where disputes often involve children, marriages, and finances. Lawyers who practice professionalism in family matters are better equipped to create amicable resolutions to such an emotional area of law. n The Bounds of Advocacy, Fla. B.J., May 2018, at 1. 2 In re Report Family Court Steering Committee, 794 So.2d 518 (Fla. 2001). 3 The Bounds of Advocacy, Fla. B.J., May 2018, at 8. 4 Id. at 21. 1 Authors: Magistrate Mary Lou Cuellar-Stilo - Thirteenth Judicial Circuit and Marisol Ruiz - Glausier Knight Jones JAN - FEB 2020 | HCBA LAWYER