April 1, 2022 Letters
Professionalism
“Professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession. It embraces far more than simply complying with the minimal standards of professional conduct. The essential ingredients of professionalism are character, competence, commitment, and civility.”
— The Florida Bar Standing Committee on Professionalism
Why do some attorneys’ feel the need to make the practice of law harder than it needs to be or demean the profession with unnecessary confrontational language? I recently settled a dissolution case where the wife filed her petition and the husband (my client) filed a counter-petition. I generally practice in Palm Beach County, and the case was in the central Florida area. The wife’s attorney prepared a proposed final judgment and forwarded the same for my review. The proposed judgment stated in part: “THIS CAUSE comes before the Court on the Wife’s Petition for Dissolution of Marriage, this ____ day of February, 2022 and the Court. . . ”
I wrote back and requested the judgment read: “THIS CAUSE comes before the Court on the Wife’s Petition for Dissolution of Marriage and Husband’s Counter-Petition for Dissolution of Marriage, this ____ day of February, 2022…” so as to dispose of both the Petition and Counter-Petition. Opposing counsel would not agree to the language, and when I questioned why, the response I received was:
“Suck it up — we have gone our entire careers and never had to deal with each other — this case is about over and can resume the non-involvement with each other for the remainder of our careers — the judge’s chambers is requesting the final judgment so you go forward with getting the final judgment entered with your changes or agree to my proposed final judgment and you prepare a notice of voluntary dismissal (I do assume that lawyers in Palm Beach county know how to do that) and with the judge entering the judgment, the case mercifully will be over”
Regardless of the merits of either side’s position, the above response is an example of why our profession is not held in the high esteem it once was. The Bar rules in general provide: A lawyer should be civil and courteous in all situations, both professional and personal, and avoid conduct that is degrading to the legal profession. (See Rul. Reg. Fla. Bar 3-4.3). I would ask my fellow Bar members to remember this rule and provide each other the courtesy and respect our profession deserves and requires. The practice of law is contentious and stressful enough without snarky and unprofessional communications. We can and should do better!
North Palm Beach
Blankenship Retirement
Since graduating from law school in 1989, I have been thoroughly enjoying Senior Editor Gary Blankenship’s writing over the years.
His precision, detail, and ability to distill complex matters into understandable stories has been a pleasure. Thank you, Mr. Blankenship, from a loyal reader.
Orlando
Supreme Court
Judge Ketanji Brown Jackson would make the second justice on the U.S. Supreme Court with experience as a trial judge. (The only other justice with experience as a trial judge is Justice Sonia Sotomayor.) This a crucial yet overlooked attribute of her nomination to the Court.
The experience of appellate judges is very different from the experiences of trial judges. There is an added dimension to presiding over trials that is simply missing if a judge’s only experience is in presiding over oral arguments in appeals.
Appellate courts see and hear other lawyers who present their clients’ cases, but appellate judges rarely if ever see or hear from the parties or witnesses in any given case. Instead, appeals are decided mainly because of arguments made by lawyers in briefs. The time for oral argument is always limited in every appeal; appeals are decided mostly if not exclusively on the written words in the lawyers’ briefs.
At the level of the U.S. Supreme Court, the judges are used to making the decision in every case, and they are comfortable with the idea that whatever decision they make, their decision must be the right one, of course.
Trial judges certainly see and hear from other lawyers as well, but in trials they generally see and hear witnesses who testify for the purpose of asking juries to decide who was right. Trials go on for days and weeks and even months of testimony and other evidence. Seldom is a party’s case decided on the basis of what the lawyers write in their briefs. Cases are largely decided in trial courts on the basis of the evidence presented on behalf of the parties from live witnesses.
The added background of a trial judge is a highly desirable and unmentioned feature of Judge Ketanji Brown Jackson’s nomination. Judge Jackson’s nomination should be voted favorably as soon as the Senate can act.
Winter Springs
Advertising
For over a year-and-a-half I have worked with the Advertising Department of The Florida Bar as well as the Advertising Committee to craft advertisements that conform to the Bar’s requirements. Specifically, my firm’s use of the word “Free” in our website address www.SettleForFree.com has repeatedly been challenged as “misleading.” And I believe everyone could agree I have diligently tried to resolve this issue to the satisfaction of the Bar and this committee.
Despite my efforts, the Bar’s advertising regulators continue to selectively enforce its decision-making powers.
As I have repeatedly brought to the committee’s attention verbally and in writing, the Law Firm of Anidjar and Levine continues unabated to use the word “free” in its advertising. They use the word free in their 1-800 number. Specifically, 1-800-747-FREE. There is rarely, if ever any disclaimer or explanation accompanying the use of the word “free” to explain or qualify what is free.
I submitted a complaint to the Bar about this and on October 18, 2021, Richard Courtemanche, deputy general counsel, replied that “the use of 800-747-FREE…has been submitted several times and ….is in compliance with The Rules Regulating The Florida Bar.”
I agree that a law firm should be able to use any 1-800 number but I fail to understand how the Bar distinguishes the use of “free” in a phone number versus the use of “free” in a website address, or for that matter, anywhere else if it permits it in the aforementioned 1-800 number.
Any word, whether used in a phone number or website address, which the Bar deems misleading in one, would presumably be misleading in all circumstances and use.
Florida Bar members and the Advertising Committee needs to be aware of the inconsistent application and use of the Bar’s regulatory powers, and I call upon it to take action, to fairly and consistently enforce its regulations, or to deem the use of the word “free” not misleading.
Failure to do so undermines the integrity of the advertising review process and the credibility of its staff.
Ft. Lauderdale
The Bar’s Ethics and Advertising Department responds: The Florida Bar strives for consistency and works to protect the public from advertisements with misleading or incomplete information. While the author’s description of the opinions may make them appear inconsistent, the context of the advertisements, service limitations, and fee arrangements include significant differences.
