PROFESSIONALISM CORNER
How to Avoid Professionalism Headaches and Common Pitfalls
SCOTT B . PERRY
Being a lawyer has long been considered a noble and honorable profession . As lawyers , we have always been bound by a higher standard of behavior – when dealing with the Court , other lawyers , opposing parties , clients , and staff . Besides the Florida Supreme Court ’ s Rules of Professional Conduct , we are governed by The Florida Bar ’ s Professionalism Expectations and the Palm Beach County Bar Association ’ s Standards of Professional Courtesy and Civility . In Palm Beach County , when lawyers are alleged to have violated those Expectations or Standards , those lawyers can be referred to a Professionalism Panel , as controlled by Administrative Order 2.105- 1 1 / 16 . The purpose of these confidential Panels is to help , inform , and provide a learning experience to local lawyers . The Panels have no authority to discipline , but do have the ability to refer matters to the Florida Bar Attorney / Consumer Assistance Program ( ACAP ), if the matter itself , or in conjunction with a failure to appear at the Panel hearing , is deemed appropriate .
Being professional is not just an aspiration , but a mandate , and while the Panels are confidential , there is often a lesson or two that can be learned from the “ mistakes ” of others , so that we can avoid the pitfalls that befell those who appeared before the Panels .
Client Communication & Setting Expectations
All lawyers who have more than one client know that every client feels their case , big or small , is the most important one in your office . While not every case can realistically be the most important one in your office , all cases are important and deserve attention – because each case is the most important one to that client . It is this struggle between client perception and attorney perception that can lead to potential conflicts , professionalism complaints , or bar grievances . What can you do to help alleviate these concerns ? Lawyers should 1 ) set client expectations from the beginning ; 2 ) have in place a procedure for communication ; and 3 ) plan ahead .
At the time a client retains you , it is a good practice to have a written document outlining the expectations from the outset . This can include what the client ’ s job may be – such as participating in a timely manner in discovery and in responding to communications . But when it comes to communication , it is a two-way street . It is good practice to explain from the beginning the various ways you may communicate with the client – i . e ., via office phone , personal cell phone , text message , email , or U . S . mail – and the frequency of communication . For example , good practices may include copying clients on certain communications to show work is being done , explaining that the client may not hear from you for 30 or 60 days , but that does not mean nothing is happening , or even sending a follow-up email or letter to say , “ I tried calling you yesterday but did not get a hold of you , please call me back .” Similarly , plan ahead if you are going to be out of the office or are going to be very busy by placing an automatic reply on your email or pre-emptively telling your clients to expect a delay in responses .
Don ’ t Let it Get Personal
Similarly , if you have been a lawyer for long enough , you will get that case , where either your client or an opposing party / lawyer gets under your skin or pushes your buttons . When this happens , it is a potential recipe for a professionalism disaster . In such situations , it is important to try to not take the case personally or worse yet , get personal .
While you may think it will feel good to tell the other person what you think of them or respond in the heat of the “ battle ,” usually nothing good will come of it . Especially in these cases , take extra caution to avoid acting rashly or using words with strong connotations . For example , avoid hyperbolic words , personal attacks , name calling , harsh criticisms , and sarcastic comments . Some real examples included : calling them liars , ridiculous , jerks , insane , or that their positions are “ B . S .” Also , tone in writing is
often difficult to discern . Adding words that have strong negative connotations serves only to make the “ tone ” worse and will perpetuate a bad relationship , or even lead to potential disciplinary matters .
If you find yourself dealing with an opposing party you just cannot seem to get along with , here are some helpful tips : 1 ) try talking on the phone – some people are less likely to be disagreeable live ; 2 ) if talking over the phone is the problem , ask that everything be done in writing ; 3 ) if you do everything in writing , never respond immediately to something that has “ triggered ” you – let there be a cooling off period and do not stoop to an unprofessional level ; 4 ) have a co-worker read your responses to help ensure the correct tone is being conveyed ; and 5 ) if you just cannot seem to get along , consider having another attorney handle the matter – rarely is one case worth your mental health or your bar license .
Scott B . Perry , Esq . is a Partner at Murray Guari Trial Attorneys where he focuses on Personal Injury and Wrongful Death . He has been a member of the Palm Beach County Bar Association since 2012 , including serving as the President of the Young Lawyers Section ( 2019-20 ) and currently on the Board of Directors , amongst other committees . He is also AV rated by Martindale-Hubbell .
PBCBA BAR BULLETIN 22