Local Professionalism Panel reports due soon
'This new code will clarify and enhance the important role of local professionalism panels, entities that are independent of The Florida Bar and established in each circuit for the purpose of informally resolving referrals of claimed unprofessional conduct by lawyers practicing in that circuit'
Local Professionalism Panels are facing a December 15 deadline to begin filing biannual reports that are available online.
LPPs are made up of volunteer attorneys who are appointed in each circuit to review complaints about the perceived unprofessional behavior of fellow lawyers.
Typical complaints include such things as a lawyer who fails to return an adversary’s calls in a timely manner, or is rude to other lawyers, members of the public, or court personnel.
Professionalism refers to the expectation that a lawyer will do more than simply comply with ground-floor ethical standards, according to the Henry Latimer Center for Professionalism. The Supreme Court identifies four elements that make up the standards of professionalism — the Oath of Admission to The Florida Bar, The Florida Bar Creed of Professionalism, the Professionalism Expectations, and the Rules Regulating The Florida Bar.
Justices established the new LPP reporting requirements in a July 6 order, In Re: Code for Resolving Professionalism Referrals and Amendments to Rule Regulating the Florida Bar 6-10.3, Case No. SC2023-0884.
“This new code will clarify and enhance the important role of local professionalism panels, entities that are independent of The Florida Bar and established in each circuit for the purpose of informally resolving referrals of claimed unprofessional conduct by lawyers practicing in that circuit,” the order states.
Justices stressed that the LPP’s “peer-to-peer mentoring process,” is distinct from formal discipline.
“Importantly, the code we adopt today clarifies the distinction between the informal local professionalism panel process and the formal grievance process for investigating and adjudicating possible violations of the Florida Rules of Professional Conduct,” the order states.
The order adopts recommendations made by a Bar special professionalism committee that former President Mike Tanner formed in 2021. The committee recommended, among other things, standardizing procedures for LPPs, some of which had gone dormant for lack of referrals. In addition to the new reporting requirements, the order requires LPP chairs, or their designees, to meet biannually and review the revised code, forms, and other policies and procedures to recommend potential enhancements.
Beginning December 15, each LPP will be required to file a report with their chief judge, the Supreme Court, and The Florida Bar that identifies its case activity for the previous six months. A subsequent report will be due in June. The reports must include the date of the referral, the circuit in which the issue arose, a short summary detailing the substance of the referral, the relationship of the respondent to the person submitting the referral, whether the respondent voluntarily participated in the process, the resolution, if any, of the referral, and whether there were previous referrals against the respondent.
Because the process is confidential, the reports “must not include identifying information for the respondent or the party who submitted the referral,” the order states.
