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
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HCBA LAWYER