PROFESSIONALISM CORNER
Professionalism – What it Takes to be Recognized
MARK R . OSHEROW
Recently , an adversary , a lawyer from a large firm , filed a single issue motion to dismiss . I sent a case demonstrating the position was meritless . Opposing counsel refused to cancel the scheduled hearing .
Opposing counsel and I went on to have a positive working relationship even though , as anticipated the motion was denied . The case settled . Because of our early interaction , I was wary of this attorney . Surely , he may have been wary of us . Maybe , as a small firm , he did not trust us to play well in the sandbox ? I maintained my composure and focused on doing well for our client .
This scenario raises issues about professionalism . It is common to believe our adversaries ’ actions are frivolous . We rarely know the actual cause of those actions and tend to “ blame ” the lawyer .
A junior colleague recently asked me what it takes to receive accolades such as an AV Rating from Martindale or “ Best Lawyers .” Some great lawyers I know are hardly recognized in these publications . While these honors may or may not truly reflect professional accomplishments , they certainly help with marketing . The flurry of self-promotion , by large and small firm lawyers alike , is increasing . While there also are more pay-to-play entrants in the field of attorney promotion , they all sound similar and some laypeople hardly know the difference .
Lawyers surely relish seeing their names celebrated with advertisements and social posts galore . We all like the recognition . But what are the elements of professionalism that help lawyers achieve it ?
The best marketing is doing a great job for your client . Being a Florida Bar Board Certified lawyer also is a helpful credential , as is practicing law for 34 years . There are plenty of lawyers with extensive careers who are not board certified , but could improve their standing and profile by becoming so . Other ways include joining bar associations , taking on pro bono and civic work , helping others , particularly colleagues , to succeed , mentoring and being tough while remaining ethical and professional . Speaking slowly and articulately helps too .
Professionalism also is about perspective . Some years ago , at a large firm , I overheard some associates disparaging a lawyer from one of the then-prominent foreclosure mills . They all had prestigious positions with a prominent firm and highly trained and experienced lawyers next door . Each likely had multiple employment opportunities . On the other hand , the associate at the foreclosure mill may well have had close to none of these advantages . I tried to give this group some perspective so they ’ d think twice next time before criticizing others . I viewed this discussion as part of my obligation to mentor .
Professionalism also is about perseverance and taking pride in your work . It ’ s about taking realistic positions , but not giving up . It ’ s about staying current with your knowledge of the law and how to apply it so that judges will accurately interpret the prevailing precedent . It ’ s about giving sound advice to clients so they understand risks . It ’ s about showing respect for your colleagues and the profession , even when you are subject to attack or overwhelmed . It also is about being professional when you make a mistake by confronting it honestly . Sometimes , by doing so , the other side will reciprocate and the issue just goes away . Even when the pressure is on , it ’ s about saying please , thank you and showing respect for your adversaries , their clients and the judge who may have gotten it wrong .
Take a deep breath , exercise , listen to music , play an instrument , do yoga and meditation , or whatever you fancy . Find interests outside of law that bring pleasure and depth to your life . Read a lot outside of law .
Get in the habit of being punctual - isn ’ t 80 % of success just showing up ? Keep confidential details confidential . Deal honestly with others . Do not misrepresent personal qualifications or facts . Recognize
PBCBA BAR BULLETIN 14 professional biases and base your attitudes and actions upon sound rationale . Be approachable and open to meeting new people . Dress professionally .
There are no magic formulas to help an attorney gain recognition . Building a strong reputation takes time and receiving legal accolades for your work definitely helps self-promotion . Practicing law is not an easy commitment , but it ’ s a rewarding one , especially when being a professional is a reward in itself .
Mark Osherow is the Co-Chair of the Professionalism Committee of the PBCBA . His background in professionalism and ethics includes serving as a member and chair of a Palm Beach County Grievance Committee , two terms as a member of the Board of Legal Specialization and Education of The Florida Bar , serving on the standing Committee on Unlicensed Practice of Law ( UPL ) of The Florida Bar , and as a member and chair of the Business Litigation Certification Committee of The Florida Bar . He is a board certified in Business Litigation since 2006 , has been practicing law for over 34 years and in Florida since 1994 . He is a past president of the South Palm Beach County Bar Association . He is a Certified Mediator and Qualified Arbitrator . He is qualified as a Master Diver by Scuba Schools International ( SSI ).
Committee Highlights
Transaction Law CLE Committee
Photo from the first in-person meeting of the Transaction Law CLE Committee since 2020 .
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