PROFESSIONALISM CORNER
PROFESSIONALISM CORNER
A Balancing Act : Zeal and Professionalism
AGNIESZKA RODRIGUEZ
It is no secret that legal disputes and litigation can induce high levels of stress not only for the parties themselves , but possibly even more so for those representing them . Large caseloads , impending court deadlines , fastapproaching trials , seemingly endless emails and calls , and lack of work-life balance are just some in a very long list of stress-inducing factors in a lawyer ’ s daily life . This , coupled with the fact that lawyers tend to be competitive and like to win , can at times result in lawyers engaging in tactics and behavior that they later come to ( hopefully ) regret .
Although the Rules of Professional Conduct encourage lawyers to represent their clients with zeal , there are limits as to what is considered acceptable within the bounds of professionalism . Efforts to define the parameters of zealous conduct have been in constant development in the legal profession , although the actual goal is to discourage overzealous representation .
Both the Model Rules of Professional Conduct and the Rules Regulating the Florida Bar state that “[ a ] s an advocate , a lawyer zealously asserts the client ’ s position under the rules of the adversary system .” Zeal is defined as “ great energy or enthusiasm in pursuit of a cause or an objective .” For lawyers , our “ cause ” is the representation of our client ’ s rights and interests in typically adversarial situations , whether it be during litigation or in transactional matters .
However , as the Florida Supreme Court has recognized , “[ z ] ealous advocacy cannot be translated to mean win at all costs , and although the line may be difficult to establish , standards of good taste and professionalism must be maintained while we support and defend the role of counsel in proper advocacy . In corresponding with persons involved in legal proceedings , lawyers must be vigilant not to abuse the privilege afforded them as officers of the court . A lawyer ' s obligation of zealous representation should not and cannot be transformed into a vehicle intent upon harassment and intimidation .”
The Model Rules specifically qualified that zealous representation must take place “ within the bounds of the law , while maintaining a professional , courteous and civil attitude toward all persons involved in the legal system .” A comment to the Rules Regulating the Florida Bar makes clear that “[ t ] he lawyer ’ s duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect .”
Although the duties of professionalism and zealous representation are not mutually exclusive , we tend to characterize professionalism as the opposite of zeal , which has unfortunately taken on a negative connotation . Zealous lawyers are seen as those who are aggressive , uncooperative , or employ scorched-earth tactics . But some common synonyms of zeal are all positive : ardor , enthusiasm , fervor , and passion . All these words denote intense emotion compelling action , which , when done with civility and courtesy , can be the highest manifestation of professionalism .
Yes , words matter , especially in the legal profession . But attempting to correct unethical and unprofessional behavior by removing a single word does not address the root cause of the problem . Those lawyers who regularly employ unethical tactics and engage in questionable behavior do not read or follow the rules and will continue that behavior regardless of the specific language used within the Rules Regulating the Florida Bar .
Focus should be shifted to addressing some of those stress-inducing factors that push the normally civil and professional lawyer to engage in reprehensible conduct . Preventing burnout , tending to mental health , and bringing some balance back into the legal profession would all go a long way in ensuring that lawyers are on their best behavior and do not feel like they need to take shortcuts to win . Encouraging lawyers to take the time to develop their skills and gain a deeper understanding of the field of law in which they practice ,
PBCBA BAR BULLETIN 18 as well as the rules of procedure , are critical steps to creating a body of legal practitioners who rely on this toolkit instead of turning to misconduct as a way to zealously advocate for their clients .
Zealous representation can simply mean just doing your best in the pursuit of your client ’ s goals within the bounds of the law , ethics , and civility . Let ’ s redefine the profession , not play semantics .
Bar Buddies Mentoring Program
The “ Bar Buddies ” Program is designed to help attorneys who practice in the Palm Beaches connect and serve as a sounding board for each other . The Program seeks to connect local attorneys in a manner that takes into account links between attorneys that reach beyond their law practice . Attorneys are strongly encouraged to sign up for this informal program to speak with attorneys both within and beyond their existing networks and practice areas .
For more information , please visit the Bar Buddies Mentoring Program page at : www . palmbeachbar . org / bar-buddies-mentoring-program