PROFESSIONALISM CORNER
Maintain Professionalism in an Adversarial World
KALINTHIA R . DILLARD
The legal profession by its very nature is adversarial . Attorneys are called upon to be vigorous advocates for clients . You must advocate , however , within the appropriate restraints of professionalism . If you have practiced law long enough , you have encountered young attorneys who practice law as though they learned it from a caricature on TV , as well as more seasoned attorneys who believe their conduct is professional because they have been doing it for thirty years without a Bar complaint . Although many professionalism lectures concentrate on mentoring and developing young attorneys , in reality , the Palm Beach County Bar Association Professionalism Committee receives professionalism complaints regarding attorneys with varying years of experience . Thus , the Professionalism Committee encourages attorneys of all levels and practice areas-- even if you would describe your forceful advocacy of your client ’ s positions as “ ethical ” -- to regularly review The Florida Bar Professionalism Expectations (“ Expectations ”) and the Palm Beach County Bar Association Standards of Professional Courtesy and Civility (“ Standards ”). https :// www . palmbeachbar . org / professionalismcommittee /
The Standards provide guidance on matters ranging from courtesies in scheduling and discovery , to appropriate demeanor towards opposing counsel , the court , and other participants in the proceedings . The Expectations remind us that according to The Florida Bar , lawyer professionalism includes properly using knowledge and skills to promote a fair and just result . You must ensure that concerns for your client ’ s desired outcome does not undermine your fairness , honesty , civility , respect , and courtesy during interactions with fellow practitioners , clients , opponents , public officials , members of the judiciary , or the public .
While professional ethics in Florida refers to the Rules of Professional Conduct found in the Rules Regulating The Florida Bar , the term “ professionalism ” relates to the expectation that lawyers do more than simply comply with the ethical rules . Lawyers should practice in a manner that shows good character , competency , and a commitment to engage in civil conduct . When faced with multiple possible scenarios on how best to proceed in your client ’ s contentious matter , remembering the golden rule and not the iron rod may suffice . In other situations , however , determining the appropriate course of conduct may entail familiarizing yourself with the local rules . This could take more time and effort for attorneys with a multijurisdictional practice than for local attorneys . Keep in mind that practicing law is an honor and a privilege ; thus , the upmost professionalism is expected . As noted positive psychologist Martin Seligman said at a recent ABA conference , the “ profession of law happens to be just about as meaningful a profession as exists .”
There are many benefits to practicing with professionalism . Engaging in professional behavior fosters the public ’ s faith in fairness in the judicial process and promotes attorney happiness and wellbeing . Moreover , a reputation for honesty and integrity , diligence and civility , and a commitment to equal justice is great for business ! Nevertheless , according to a 2021 Florida Bar Member Survey , approximately one-third of respondents identified lack of ethics and professionalism as one of the most serious problems faced by the legal profession today .
Both The Florida Bar and the Palm Beach County Bar Association are strongly committed to promoting professionalism amongst their members . Indeed , Florida Supreme Court Chief Justice Charles T . Canady , in conjunction with The Florida Bar , proclaimed November 2021 as ‘ Legal Professionalism Month ’ in Florida . The Proclamation notes that members of the legal profession are , above all , public servants who should foster civility at all times and strive for the highest level of professionalism in every respect . Similarly , the Palm Beach County Bar Association has a stated mission to serve its members ,
PBCBA BAR BULLETIN 17 foster professionalism , and enhance the public ’ s understanding and awareness of the legal system .
Each year , the Palm Beach County Bar Association Professionalism Committee selects the recipient of the Sidney A . Stubbs Professionalism Award , which recognizes attorneys who have demonstrated or promoted outstanding professionalism in Palm Beach County . Some of our prior recipients recently provided the Professionalism Committee members with some professionalism tips . Attorney D . Culver “ Skip ” Smith III advised us to be mindful that the legal field is a service industry . Keeping this realization in the forefront of your mind will influence how you treat others you encounter in your work and help you show respect for others-- even when you vehemently disagree with their positions or decisions .
Bill Pruitt pointed out that Paragraph 5.9 of the Expectations directs litigants to always direct objections , requests , and observations to the court . This will minimize personal conflicts between attorneys and will help the case progress on an orderly and professional course . Pruitt also reminded us to be mindful that gestures and facial expressions are just as impactful as the words that are spoken .
The Professionalism Committee looks forward to announcing the recipient of the 24th Professionalism Award at the next Bench Bar Conference ! The deserving attorney is known in this community for not only being an active member of the Palm Beach County Bar , but also for engaging in professional behavior despite the adversarial nature of our profession .