To promote professionalism, Family Law section looks to add ‘civility’ to its bylaws
The Family Law Section is adding the word “civility” to its bylaws, a change that reflects a Bar-wide trend to promote professionalism and the importance of maintaining the highest standards.
The proposed change is part of a comprehensive update to the section’s bylaws that the Board of Governors is expected to approve later this month.
As amended, Article I, Section 2(g) would state: “foster a high standard of ethical conduct, civility, and professionalism by all attorneys and judicial officers who participate in the family court system.”
The revision is relatively minor, but it would emphasize a core principle, according to a staff analysis.
“The Section has made efforts to promote civility amongst attorneys and therefore believes that it should be incorporated into its bylaws as an ongoing and constant standard.”
Among other things, the long list of proposed changes would expand affiliate membership, facilitate electronic voting, and strengthen certain attendance requirements.
The move comes just weeks after the Board of Governors forwarded to the Supreme Court a final report by the Special Committee for the Review of Professionalism in Florida.
Immediate past President Michael Tanner formed the committee last year, citing Bar member surveys that showed declining professionalism/ethics are a top concern.
Tanner’s successor, President Gary Lesser, served as a co-chair with then Standing Committee on Professionalism Chair Elizabeth Hunter.
The special committee recommendations include a proposed Supreme Court administrative order that would establish a revised and updated “Code for Resolving Professionalism Referrals.”
Local professionalism panels have existed for years, but if the proposed code is adopted, it would increase and standardize the informal “peer-to-peer” mentoring process for addressing instances of unprofessional conduct — separate and apart from instances of misconduct that require the formal grievance process, Lesser said.
He stressed that the process does not replace the Florida Rules of Professional Conduct or the formal disciplinary process.
Meanwhile, a Real Property, Probate and Trust Law Section committee is weighing a proposal to scrub the so-called “Z” words – “zeal,” “zealous,” and “zealously” — from the Bar rule book.
“It’s not just the legal profession, people in general relate someone who is ‘zealous’ to someone who is zealot,” said RPPTL Professionalism and Ethics Committee Chair Andy Sasso. “And I don’t know anyone who would say that someone being a zealot is positive.”
Sasso said many lawyers who recall the reference to the “Z” words probably don’t remember that they don’t appear in an actual rule — they appear in the preamble to Chapter 4, and in a comment to Rule 4-1.3 (Diligence). Removing the reference would follow a national trend and clear up some confusion, Sasso said.
The committee is also considering introducing a new word to the Bar rule book — “kindness.”
The proposed revision would add the following nine words to the final sentence of the comment to Rule 4-1.3 — “kindness and punctuality are not inconsistent with diligent representation.”
Sasso said he was inspired by a 1922 letter from Marine Commandant John A. Lejeune to his officers.
“Be kind and just in your dealings with your men,” Lejeune wrote.
“I thought that was interesting,” Sasso said. “You’ve got a Marine commander asking his men to be just and kind.”
The committee is not expected to present its proposal to the section’s executive council until later this year. The Supreme Court would ultimately have to approve.
