practicing with professionalism slides

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Professionalism

The Florida Bar Henry Latimer Center for Professionalism

Practicing With Professionalism


• Why did you go to law school?

• What do you plan to do now?

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Learning Objectives for Professionalism Segment

1. Define “professionalism” and “ethics”;

2. Clearly distinguish between these two concepts when faced with mixed ethics and professionalism issues in hypothetical simulations;


3. Practice identifying and resolving ethics and professionalism issues;

4. Engage in a critical reflection process on what it means to be a part of the legal profession as a community of practice.

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What is your moral compass?

The Rainmaker


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Possible Rule Violations

• Rule 4-1.5(e) – “Duty to Communicate Basis or Rate of Fee or Costs to Client.”

• Rule 4-2.1 – “Adviser.”• Rule 4-7.4(a) and Comment – “Solicitation.”• Rule 4-8.3(a) – “Reporting Misconduct of

Other Lawyers”• Rule 4-8.4(a) – Violate rules through others.


Case Law• The Florida Bar v. Barrett, 897 So.2d 1,269 (Fla.

2005) (paid a minister to distribute business cards at a hospital).

• The Florida Bar v. Wolfe, 759 So.2d 639, 640-41 (Fla. 2000) (holding that dispersing contingency fee contracts and legal services brochures to tornado victims constituted solicitation, which warranted a one year suspension).

• The Florida Bar v. Weinstein, 624 So.2d 261, 262 (Fla. 1993) (concluding that an attorney’s direct solicitation of a brain-injured patient in a hospital constituted a flagrant ethics violation).


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Professionalism = Going beyond the

rules; seeking justice, not just victory.

Ethics Rules = Minimum Standard

“An ethical person often chooses to do more than the

law requires and less than the law allows; there is a big

difference between what you have a right to do and what is

right to do.”-Justice Potter Stewart

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“ Third in front of Congressmen and car salesmen in receiving negative integrity ratings are lawyers, with 38% calling their

standings low or very low.(Only 18% consider them high or very high.)On a relative basis, advertising practitioners, HMO managers, insurances salesmen and Senators are also poorly rated, given low or very low ratings by 34-37% of Americans.”- 2006 Gallup Poll on “Honesty and Ethics”

Gallup's "Honesty and Ethics" PollDecember 2006

0 20 40 60 80 100

Car SalemenCongressLawyers

JournalistsClergy

EngineersMedical Doctors

Nurses

% Saying "very high" or "high"

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Gallup's "Honesty and Ethics" PollNovember 2001

0 20 40 60 80 100

C ar SalesIns. Sales

Labor LeadersLawyers

Stock BrokersCar

SenatorsCongressmen

JournalistsBankers

AccountantsEngineers

ClergyDoctors

PharmacistsPolicemen

U.S. MilitaryNurses

Firefighters

% Saying "very high" or "high"

August 2006 Gallup Poll

Business and Industry Sector RatingsYour overall view, very positive, somewhat positive, neutral,

somewhat negative, very negative.

- 6 2- 2 5

- 17- 11

318

3 94 1

56

- 8 0 - 6 0 - 4 0 - 2 0 0 2 0 4 0 6 0

Oil and Gas IndustryThe Federal Govt.

The Legal FieldHealthcare Industry

EducationSports Industry

BankingAgriculture

Restaurant Industry

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Percent Who Say They Are "Extremely" / "Very" Confident In:

0% 10% 20% 30% 40% 50% 60%

The MediaLegal Profession/Lawyers

Federal CongressState & Local Courts

Judiciary/JudgesFederal Courts

U.S. Justice SystemU.S. Supreme Court

Exec. Branch of GovernmentMedical Profession/Doctors

Source: LJS January 2002 SurveyAn ABA Commissioned Survey

It’s all in the context…

“The first thing we do, let’s kill all the lawyers…”

William ShakespeareWilliam Shakespeare –– HENRY VI, Part 2, act iv: scene iiHENRY VI, Part 2, act iv: scene ii


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Small Groups

You have 2 minutes to break into 3 - Judge Panels.

Elect a Chief Judge (reporter).After each clip, your group will:• Identify ethics and professionalism issues• Determine what should happen• Present your findings


Class Action


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Possible Rule Violations:

• Rule 4-3.4(a) – “unlawfully obstructing another party’s access to evidence . . .”

• Rule 4-4.4 – “no substantial purpose other than to embarrass, delay or burden…”

• Rule 4-8.4(d) – “. . . prejudicial to the administration of justice . . .”


Ideals and Goals of Professionalism

(possible violations)

• Ideal 2 – “Fundamental sense of honor, integrity, fair play”

• Goal 4.6 – “Discovery to harass or burden”


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Case Law

• Reep v. Reep, 565 So.2d 814, 816 (Fla. 3d DCA 1990) (…document production…was unorganized and incomplete…did not demonstrate such callous indifference or bad faith as to warrant a dismissal of his petition).

Case shows that the type of discovery abuse in Class Action is more of a professionalism issue than an ethics issue.


Anatomy of a Murder


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Possible Rule Violations:

• Rule 4-1.2(d) – Counseling client to engage in crime or fraud.

• Rule 4-3.3(a)(4) – Knowingly permit false testimony.

• Rule 4-8.4(c) – “. . . dishonesty, fraud, deceit, misrepresentation . . .”

• Ideal 2 – “Fundamental sense of honor, integrity, fair play”


The Florida Bar v. Lopez

Urging parties and/or witnesses to testify under oath to matters which an attorney knows, or should know, that witnesses do not believe and which are false, warrants a one-year suspension.

Cite: 406 So.2d 1100 (Fla. 1981)


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Other violations…

By avoiding any discussion of plea bargaining Degler may violate:

Rule 4-1.2(a) “...In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered...”


In defense of his behavior, Degler would point to:

• Rule 4-1.4(b) “A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”

• Rule 4-3.1 “A lawyer for the defendant in a criminal proceeding...may nevertheless so defend the proceeding as to require thatevery element of the case be established.”


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Kramer v. Kramer


Kramer v. Kramer

Attorney’s general roughhousing of Mrs. Kramer:

Is it an ethics violation or professionalism problem?


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Possible Rule Violations:• Rule 4-3.5 and Comment – “. . . abusive or

obstreperous. . .”• Rule 4-8.4(d) - “. . . prejudicial to the

administration of justice. . . callous indifference, disparage, humiliate. . .”

• Ideal 1 – “Respect dignity of others, promote general good, protect equal justice”

• Ideal 5 - “Treat everyone with courtesy and respect”


Possible Rule Violations (cont):

• Rule 4-3.4(e) – “. . .state a personal opinion on justness of a cause; culpability of civil litigant. . .”

• Guideline M-1 – “Civility, no discrimination, humiliation on any basis”

• Guideline M-4 – “Keeping suitable distance”

• Guideline M-13 – “Repeating or echoing answers”


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A Civil ActionIs counsel’s behavior ethical?

Professional?


Possible Violations:• Rule 4-3.5(a) – Improper influence of

judge/juror.• Rule 4-3.5(c) and Comment – “. . .not engage

in conduct intended to disrupt a tribunal.”

• Ideal 1 – “Position in power used fairly, respecting dignity of others”

• Ideal 2 – “Honor, integrity, fair play”• Goal 7.4(b) – “Tactics to embarrass,

harass, intimidate”


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Possible Violations (cont):

• Rule 4-1.2(a) – “. . .abide by client’s decision whether to settle a matter.”

• Rule 4-8.4(d) – “… knowingly or through callous indifference, disparage, humiliate, or discriminate” against any person involved in a legal matter.

• Guideline M-19 – “Distracting fact finder”• Goal 4.3 – “Encourage client to

consider settlement in good faith”



1. Define “professionalism” and “ethics”;

2. Clearly distinguish between these two concepts when faced with mixed ethics and professionalism issues in hypothetical simulations;

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3. Practice identifying and resolving ethics and professionalism issues;

4. Engage in a critical reflection process on what it means to be a part of the legal profession as a community of practice.

practicing with professionalism slides

Documents

ethics rules

lawyers rule

mixed ethics

ethics pollnovember

ethics polldecember

professionalism segment3

professionalism segment1

professionalism issues4