Program promotes professionalism to law students
THE FLORIDA BAR’S Henry Latimer Center for Professionalism sponsored a professionalism seminar, “How to Become the Lawyer You are Supposed to Be,” aimed at law students at Florida Coastal School of Law in Jacksonville. From the left are panelists Heather Thom, associate general counsel for the Acquisition, Technology, and Logistics Division of the Air Force Office of General Counsel; Kathleen Bonczyk, who founded the Workplace Violence Prevention Institute; Administrative Law Judge Mary Li Creasy; and Rebecca Bandy, director of the Henry Latimer Center for Professionalism.
Appearing July 23 at the Florida Coastal School of Law, the panel included a U.S. district judge; a county judge; an administrative law judge; a top Pentagon lawyer; a former human resources executive turned lawyer and workplace violence prevention advocate; solo and small-firm practitioners; and a newly minted associate at one of Florida’s largest firms.
Presented by The Henry Latimer Center for Professionalism, its standing committees, and the Young Lawyers Division (YLD), the panel was made possible by funds granted to the center by the U.S. District Court for the Middle District of Florida earlier this year as a result of sanctions imposed in the Engle tobacco litigation for long-term professionalism and ethics programming for law students and young lawyers. “How to Become the Lawyer You are Supposed to Be” was geared toward law students but focused on fundamentals the panelists said veteran practitioners would do well to remember.
“As simple as it sounds, do not confuse zealous advocacy with being a jerk,” warned U.S. District Judge Marcia Morales Howard, who has served in the Middle District of Florida since 2007.
Asked to share war stories of bad behavior, Judge Howard said even experienced lawyers forget decorum in the heat of litigation.
“Being disrespectful to each other, cutting each other off, arguing at each other instead of arguing to the court, making faces and harrumphing when you get an answer from a witness that you don’t want,” Howard said. “It looks bad. Frankly it’s annoying and it doesn’t endear you to the jury at all.”
Administrative Law Judge Mary Li Creasy is based in Tallahassee but travels frequently to preside over hearings at school board facilities and other local government offices throughout the state. She recalls returning from a noon recess to find the lawyers eating pizza and wings and drinking milkshakes in the hearing room.
“When I came back and we were ready to go on the record, they were all munching away. I said, ‘Excuse me, you need to put that away. If you want to continue eating, you need to take it out of here. For today, this is in fact a courtroom,’” she said.
Being professional also means dressing the part, Judge Howard said.
“I often see lawyers come into the courthouse and I want to say to them, ‘The jury is only going to remember what you’re wearing, and they’re not going to hear a bit of what you’re saying, and that’s not what you want…You want them to hear your words.’”
Howard said being a true professional requires scrupulous honesty, even when it hurts, and too many lawyers try to gloss over the weaknesses in their case.
“You are going to be asked questions that you are uncomfortable answering, or that — if you’re honest – [would be] bad for your client,” Howard said. “You have to be prepared to admit to bad facts, or admit to bad law, but deal with it.”
A single misrepresentation to the court can destroy a reputation that took decades to build, Howard said.
Building and maintaining a good reputation and striving to be the kind of lawyer other lawyers want to work with is the essence of professionalism, the panelists said.
Heather Thom, associate general counsel for the Acquisition, Technology, and Logistics Division of the Air Force Office of General Counsel, said she and her fellow civilian lawyers live by an Air Force motto that is posted prominently in their Pentagon suite.
“It’s integrity first, service before self, and excellence in all we do,” said Thom, who is also a Florida Coastal School of Law alum.
Applying those principles in a stressful and high-stakes environment — “there’s a lot of fires to put out,” — requires strong interpersonal skills and the ability to build consensus without compromising integrity, Thom said.
“Ultimately, it comes down to not kicking the trash can when you get mad, but really sitting down with somebody and talking through the issues,” she said. “Because the last thing the generals want is to have five different legal interpretations, because it doesn’t help the taxpayers, it doesn’t help the generals, and it doesn’t help the airmen who are on the ground or in the air.”
Lawyers demonstrate professionalism by dressing appropriately, being thoroughly prepared, making sure their clients and witnesses are prepared, and being mindful of the court’s limited time, Duval County Court Judge Michael Bateh said.
“Being succinct, being concise in what you are arguing, if there is caselaw that you are arguing from or citing to, I like to have them in advance,” he said.
Panelists stressed that beginning lawyers should find a mentor. Judge Betah also recommended establishing a relationship with a second mentor who can observe from a distance.
“If you are not getting the cases you used to get, you might want to consult with someone who is outside of the firm.”
Many lawyers are known for their oratory, but true professionals are good listeners, too, said Amber Hines, a family law and bankruptcy attorney from Orange Park and a former member of the Family Law Rules Committee.
“In law school, you get a set of facts and your test is to write down what the law is and analyze it,” she said. “When you’re in the real world, it’s multi-layered, your client might tell you a set of facts, but guess what? There’s six more facts that are really relevant.”
Question the client thoroughly, listen to the answers carefully, reveal the relevant parts of the law slowly, Hines said. A true professional understands that the option that is in the client’s best interest may not be the most financially rewarding for the attorney, she said.
“Basically, as their attorney, you are going to be their advocate, but you are also their counselor,” she said. “Sometimes your option is do nothing and not file a case at this time.”
Kathleen Bonczyk left a career as a human resources vice president and consultant in 2001 to earn a J.D. from Nova Southeastern University. She has focused most of her legal career on employment law and workplace safety. In 2015, Bonczyk founded the Workplace Violence Prevention Institute, a non-profit where she works with survivors and family members of workplace and school shootings. At a time when many young lawyers are complaining about overbearing managers, Bonczyk advised beginning lawyers not to be afraid to confront a superior about abusive behavior when necessary.
“I remember a senior attorney was a little abusive, and I didn’t speak up,” she said. “OSHA (the U.S. Occupational Safety and Hazard Administration) says almost 2 million Americans are subjected to some form of workplace violence, and it almost always starts with words — speak up.”
Bonczyk and other panelists also reminded the students that true professionals understand that they have a responsibility to give back to the community. They recommended working pro-bono and becoming active in the Bar or other professional or charitable organizations.
“I believe that it is an honor and a privilege to be a member of The Florida Bar, and I believe that I have a duty and an obligation to set aside a number of hours per week to do pro bono work,” she said. “I never, never thought I would be an attorney, and I am really living the dream.”
