Florida Bar panel discusses evolving standards of professionalism and discipline
How do we maintain and amplify civility so that the respect and integrity of the justice system is preserved? Such is the question explored in the Bar’s webinar, “Perspectives on Professionalism from Your Office to Tallahassee.”
Florida Supreme Court Justice Meredith Sasso opens the panel discussion by commenting on recent, unsuccessful efforts to remove two words from the preamble to the Rules Regulating The Florida Bar: “zeal” and “zealous.”
“I think there was a sense in the Bar that those words were being weaponized and were being used to shield otherwise unprofessional conduct. A lawyer could say, ‘I’m just being zealous, that’s why I’m acting like a jerk right now in a hearing,’” said Sasso.
“Zeal does not require antagonistic or acrimonious behavior,” she continued.
According to former Supreme Court Justice Kenneth Bell, the Bar has attempted to address a “continuing decline in professionalism” since 1996. It has evolved from advocating ethical and professionalism ideals and goals, to adopting and enforcing violations of rules, and providing mentoring.
The presentation, hosted by the Bar’s Standing Committee on Professionalism and the Henry Latimer Center for Professionalism, covered trends in professionalism violations and disciplinary referrals with specific examples; contributing factors to unprofessionalism; and clarity about whether an issue should be handled as a disciplinary investigation or a referral to a professionalism panel.
In addition to Justice Sasso and Bell, the December 5 webinar featured former Bar ethics counsel and Belmont University Professor Emeritus Tim Chinaris, of Nashville, Tennessee; Kalinthia Dillard, general counsel and deputy inspector general of the Palm Beach County Inspector General’s Office; Katrina Brown, who practices professional liability defense with Bush Ross in Tampa; and moderator Dora Kaufman of Miami, a shareholder at Liebler, Gonzalez & Portuondo, practicing complex commercial litigation.
There was consensus among the panelists that a harder line is now being taken in disciplinary cases, in comparison to past decades.
Issues of dishonesty and a lack of integrity, which compromise the ability of the profession to operate as intended, will be the focus as the court moves toward more discipline, with “more serious penalties than those recommended,” Chinaris said.
The Creed of Professionalism should be reviewed by all attorneys annually, along with the standards and expectations, according to Dillard, who offered specific examples of complaints. Contrary to expectations, Dillard found that experienced lawyers generate as many or more complaints than newer attorneys. The documents, along with the Professionalism Handbook, can all be accessed on the Center for Professionalism’s webpage, according to Center Director Rebecca Bandy.
Bell additionally recommended Brian Tannebaum’s “Ten Ways to Avoid Bar Discipline” and Paul Lipton’s seven points as useful tools, which are covered in the mandatory two-hour professionalism course offered by the Henry Latimer Center for Professionalism. The problem, said Chinaris, is fairness requires that the rules define what is inappropriate; but professionalism is based on cultural norms, and, therefore, harder to define. Lawyers have expressed a concern that the Bar has been inconsistent in distinguishing between ethical violations that are referred for discipline and issues that should be referred to a professional panel.
Dillard explained the process Palm Beach County’s Local Professionalism Panel uses when handling a referral, pointing out that a panel’s recommendations to an attorney are voluntary and informal, and are intended to be a value-added experience.
A professionalism referral can result in no action, a letter to the attorney addressing the issue, training, and/or mentorship. The Supreme Court recently released an order that repeated and/or egregious matters be referred to The Florida Bar.
Processes may change, but the types of matters referred to the professionalism panels are not expected to change, Dillard said.
Professionalism panels continue to evolve and address issues regarding how they operate. Ongoing questions continue regarding document retention, expanding education about the panels, developing a code of conduct, misconduct based on social media use, and narrowing the definition of who may make a complaint. For example, the Supreme Court order says any person may make a complaint, but local orders may be more specific. And the Second District Court of Appeal issued an opinion that referral by a judge to a professionalism panel doesn’t necessitate an automatic disqualification, but in some cases it may, according to Dillard.
Chinaris notes some states now allow non-lawyers to own law firms. As that increases, it could affect how the profession operates in Florida, and could have implications for lawyer professionalism.
“I think one of the greatest things the Bar does for its members is the Ethics Hotline service,” said Chinaris. “They have staff lawyers that are well trained and very knowledgeable in the resources, and they can point you to things that can answer many of your questions.”
The recording of the intermediate-level, one-hour webinar is eligible for 1 CLE credit and is available by clicking here.
