Does Sarasota Have a Professionalism Problem ?
The Florida Bar has recently decided to add a very specific two-hour CLE on Professionalism produced by the Florida Bar . Creating this mandatory course for not only new attorneys , but all practicing attorneys , is a very hands-on approach to promoting Professionalism now and for the foreseeable future . While I haven ’ t had the opportunity to review the course itself ( at the time of writing this article , the course was not yet available ), the Florida Bar Standing Committee on Professionalism seems to be making it clear that Professionalism is something more than simply being professional , and I expect the course will detail how we can all do more than simply saying please and thank you and dressing properly .
This attorney would argue that Professionalism means calling your counterpart before filing a motion for contempt . I would argue that Professionalism means not filing that lawsuit against a homeowner for failure to pay half a contractor ’ s invoice , when you know the contractor did not pull permits , used substandard labor , or completed only half the job . I would argue that professionalism means not making deadlines , setting depositions , or demanding responses during holiday periods or when your counterpart has known family or health issues . I would argue Professionalism is hard .
It ’ s easy to file legally sufficient motions for default , to compel discovery , for sanctions , or for summary judgment . The opposition didn ’ t respond , broke some standing order , made insufficient pleadings , or otherwise ran afoul of a procedural or technical rule . Giving them the opportunity to correct their error is hard . It takes an extra phone call or e-mail , and it may lead to them correcting something that may have advantaged your Client in the short term , i . e ., default , motion to dismiss , motion to compel , etc . These things rarely advantage your Client in the long term and are never appreciated by the opposing attorney . If you have ever done something like this or had this done to you , you know .
It ’ s easy to file lawsuits with information from your Client ’ s mouth and nowhere else . Your client passionately tells you he / she has been wronged ; you could say , “ Well , give me a big retainer and let ’ s file suit .” Simple and lucrative , but not Professionalism . Rather than becoming the very effective , very expensive , very destructive enforcers of their bullying tactics , Professionalism requires that we should do a little research , explore the rebuttal , and push back against our clients when they paint a picture of their angelic innocence .
It ’ s easy to unilaterally make ten-day deadlines , set depositions on your schedule , or send out a settlement offer to be rescinded if not answered by the end of the month . “ Please respond within ten ( 10 ) business days or suit will be filed ” is something we have all written . I have also seen opposing attorneys make end of the month deadlines , presumably without realizing the end of the month is December 31st . Or they give a ten-day response period starting at 6 p . m . Friday before a long weekend and encompassing a week of holidays , closures , hurricanes , or otherwise . It ’ s harder to contact the other side and compare calendars or ask if they have any preference first . On the other side of things , we all need to be responsive when another attorney asks us to give them dates or confirm availability .
14 | THE DOCKET - FEBRUARY 2024