PROFESSIONALISM CORNER
PROFESSIONALISM CORNER
Practical Professionalism for Trial Lawyers … in Five Easy Steps !
PATRICK QUINLAN
Before we tackle the “ how ” of professionalism , I want to briefly address the “ why :” why should a lawyer strive to incorporate the principles of professionalism into his or her work life ? First of all , it is consistent with the Florida Bar ’ s Oath of Admission , which since 2011 has included an express pledge of “ fairness , integrity , and civility , not only in court , but also in all written and oral communications .” Secondly , practicing in a professional manner helps you sleep better at night ( and it ’ s already hard enough for a trial lawyer to get a good night ’ s sleep ). Finally -- and here ’ s the kicker -- it is also a more effective way to practice law . Contrary to the opinion held by many in the public , including some clients , professionalism is not weakness . It earns you the respect such that , when you talk , people listen . It gives you credibility that can help you win the close calls . It makes you a stronger , and better , advocate .
Now that I have convinced you that professionalism is the goal , let ’ s discuss five easy , practical ways achieve that goal .
1 . RETURN YOUR MESSAGES -- PROMPTLY . This rule is listed # 1 , and in all caps , on purpose . The # 1 reason for bar grievances is , in the words of the movie Cool Hand Luke , “ failure to communicate .” And , during my 36 years of practice in Palm Beach County , the # 1 complaint that I have heard lawyers express about their opposing counsel is , “ He / she will not return my calls .” Promptly returning messages confers the obvious benefit of fostering a more cordial relationship with your litigation opponent . But it can also produce other practical benefits , such as : showing opposing counsel that you are “ on the ball ” and engaged in the matter ; gaining a better understanding of your opponent ’ s legal position and trial strategy ; keeping the case moving forward toward settlement or trial ; and avoiding any pleadings or court appearances where your neglect is mentioned to the judge . Young lawyers
are sometimes reluctant to get on the phone with opposing counsel , for fear that they may appear inexperienced or ill-informed . It is okay to say “ I don ’ t know ” or “ I need to check .” That is certainly better than simply ignoring messages .
2 . Be Punctual . In 2014 , Forbes magazine ran an article entitled “ One Trait That Can Make Or Break Your Reputation In Business .” The one trait was punctuality . Research has demonstrated that showing up on time is seen as a sign of respect and trustworthiness . Your own trustworthiness ( or your “ ethos ,” for the Aristotle fans out there ) is critical to a trial lawyer . I always advise lawyers in my office to adopt Tom Coughlin Time , named after the NFL coach who fined players for being on time to team meetings : if you are not five minutes early , you are late . Taking that approach will pay off .
3 . The Palm Beach Post Rule . Here is another rule to live by : do not put anything in a letter , in an e-mail , in a text , or on social media that you would be uncomfortable seeing on the front page of the Palm Beach Post . And here is a tip for anyone typing while angry : when you are done with your creation , do not unleash it . First , put it down , let at least 15 minutes pass , reread it , and edit accordingly . We often tell deponents to take a break when they are starting to get angry , because they are at risk of saying something that they will regret . The same thing applies to us lawyers . We are skilled at word usage , righteous indignation , and forceful assertions . So when we get worked up , look out ! But that angry e-mail might not read as well -- to you , to opposing counsel , or to the judge -- down the road . I promise you that , at some point in your legal career , you will be very happy that you built in a “ cooling off ” period
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4 . “ One Free Bite .” Presume negligence , not malice , when first faced with unprofessional conduct by opposing counsel . If it persists , then you know what you are dealing with , and you can respond appropriately . If it was an honest mistake , counsel will forever appreciate your reaction .
( Continued on next page )
Committee for Diversity & Inclusion ' s
Diversity Intership Program
Tips & Tools Workshop
Join the Committee for Diversity & Inclusion ( CDI ) for an engaging and interactive discussion designed to help interns make the most of their summer positions . Our panelists will share their experiences and offer valuable advice on how to succeed , leave a lasting impression , and potentially secure future opportunities . Don ’ t miss this chance to gain insights and tips that will enhance your internship experience and career prospects . We look forward to your participation and a lively exchange of ideas !
If you would like to make a donation to the summer program , please visit : https :// palmbeachbar . org / dipdonations /
For additional details , please visit : https :// palmbeachbar . org / committee-fordiversity-inclusion /
PBCBA BAR BULLETIN 17