PROFESSIONALISM CORNER
PROFESSIONALISM CORNER
Professionalism in Advocacy: Balancing Zeal with Courtesy and Civility
KALINTHIA DILLARD
Zealous advocacy is fundamental to effective legal representation. The Florida Supreme Court recently reaffirmed the appropriateness of“ zealous representation” when it declined to remove the“ z-words”— zeal, zealous, and zealously— from the Rules Regulating The Florida Bar. Zeal, however, is never a license to behave unprofessionally. Indeed, the Court reminded lawyers that“ zealous representation is not a sword to wield as an excuse to otherwise engage in misconduct.” In re: Amendments to the Rules Regulating The Florida Bar- Chapter 4, No. 2024-0032( August 2024); citing Fla. Bar v. Schwarz, 382 So. 3d 600( Fla. 2024). Lawyers are obligated to advocate forcefully while upholding the ideals of character, civility, competence, and commitment in order to preserve the integrity of the legal system.
Florida’ s Professionalism Standards
In In Re: Code for Resolving Professionalism Referrals and Amendments to Rules Regulating The Florida Bar 6-10.3, 367 So. 3d 1184( Fla. 2023), the Florida Supreme Court clarified that the Standards of Professionalism include: 1) the Oath of Admission, 2) the Florida Bar Creed of Professionalism, 3) the Professionalism Expectations, and 4) the Rules Regulating The Florida Bar. Section 1.0 of the Code for Resolving Professionalism Referrals defines“ unprofessional conduct” as any violation of those Standards.
The revised Professionalism Expectations confirm that professionalism obligations apply to all forms of communication with others, including in-person interactions, video conferencing, telephone calls, text messaging, social media, email, online communications, and all other oral and written communications. The Florida Bar Creed of Professionalism obligates lawyers to“ abstain from all rude, disruptive, disrespectful, and abusive behavior” and to“ act with dignity, decency, and courtesy.”
The Oath of Admission pledges“ fairness, integrity, and civility, not only in court, but also in all written and oral communications.” The Rules Regulating The Florida Bar 4-8.4( d) prohibits conduct“ prejudicial to the administration of justice,” including disparagement and humiliation of litigants, jurors, witnesses, court personnel, or other lawyers.
When Attorneys Cross the Line from Zealous Advocacy to Unprofessionalism
Robust advocacy that crosses the line into unprofessional conduct may subject attorneys to judicial scrutiny, sanctions, or discipline. As an example, U. S. District Judge Donald Graham in Wiegand v. Royal
Caribbean, Case No. 19-cv-25100-DLG( S. D. Fla. Apr. 20, 2021) ordered counsel to rewrite multiple pleadings he found“ riddled with inflammatory language and insults.” He described the filings as resembling a“ tabloid Jerry Springer television show” and warned that professional pleadings must not cast aspersions on attorneys, parties, or witnesses.
The Florida Supreme Court has likewise imposed discipline when attorneys’ speech becomes unprofessional or inflammatory. In Florida Bar v. Girley, No. SC2022-0859, No. SC2022-0860( June 2025), the Court suspended two attorneys for 30 days after they made public statements accusing a judge of racial bias and“ stealing justice” following a directed verdict that overturned a $ 2.75 million jury verdict. Their comments prompted harassment directed at the judge, necessitating heightened security.
In Fla. Bar v. Norkin, 132 So. 3d 77( Fla. 2013), an attorney was suspended for repeatedly berating judges and accusing a senior judge of having a“ cozy, conspiratorial” relationship with opposing counsel, allegations found to have been made with reckless disregard for the truth. The Supreme Court stated,“ Effective and
zealous representation does not require antagonistic or acrimonious behavior.” In Florida Bar v. Thompson, 979 So. 2d 917( Fla. 2008), the Court permanently disbarred an attorney after finding a long-standing pattern of harassment, defamatory accusations, and public attacks designed to intimidate and humiliate perceived opponents.
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PBCBA BAR BULLETIN 18