afoul with the rules of the tribunal or the Rules Regulating The Florida Bar . Of course , when we are the ones doing the calculations as to whether such action is necessary for the interest of our own client , it is easier to measure . It is much more difficult to measure when we are on the other side of this and do not have all of the facts and data to make the measurement .
When on the other side of this , however , we must not jump to the label “ unprofessional .” Instead , we should always consider four factors : ( 1 ) Was it technically compliant with all rules ; ( 2 ) could this have advanced the interest of the opposing counsel ’ s client ; ( 3 ) did the opposing counsel engage in this behavior only as long as was necessary ; ( 4 ) is the opposing counsel otherwise polite and courtesy when not zealously advocating for his or her client ? If the answers to all four of these factors is “ yes ,” then the conduct should not be labelled “ unprofessional ” behavior . 4
Using the term “ unprofessional ” too loosely makes the distinction of “ professionalism ” less clear , which is why we should use the insult of “ unprofessional ” only after careful calculation . Otherwise , it muddies the waters , making our journey toward greater “ professionalism ” in law more difficult to navigate . We should all strive for professionalism in our industry , and only by correctly understanding what is “ unprofessional ” can we truly know the distinction .
Douglas G . Jackson is the founding attorney of the Law Firm of Douglas G . Jackson , P . A . His practice includes business law , litigation , and estate planning . His practice also includes representing disabled veterans . Doug is Chair of the Law Practice Management Section .
1 . The Florida Bar Standing Committee on Professionalism , Professional Expectations , The Florida Bar , https :// www . floridabar . org / prof / regulating-professionalism / professionalismexpectations-2 / ( last accessed July 31 , 2023 )
2 . Keith W . Rizzardi , Defining Professionalism : I know it When I See it ? Vol . 79 , No . 7 Florida Bar Journal ( July / August 2005 ) https :// www . floridabar . org / the-florida-bar-journal / defining-professionalism-iknow-it-when-i-see-it ( last accessed July 31 , 2023 )(“ professionalism is defined by a lack of definition , following Justice Potter Stewart ’ s ‘ I know it when I see it ’ approach to defining pornography ”) ( internal citations omitted ).
3 . Several states have already removed the team “ zealous ” from its bar rules , and Florida may soon follow suit . Jim Ash , Do ‘ Z ’ Words Belong in Bar Rules ?, Fla . Bar News ( Jun . 8 , 2022 ) https :// www . floridabar . org / the-florida-bar-news / do-z-words-belong-in-barrules ( last accessed July 31 , 2023 ).
4 . There is a level between unprofessional and professionalism . Individual actions of an attorney may not be “ unprofessional ” but simultaneously rise to the level of “ professionalism .” Instead , the individual actions may be neither . However , individual actions do create an aggregate and attorneys are often judged based upon the average aggregate of behavior , so attorneys should always strive for professionalism whenever circumstances allow .
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