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Professionalism
The Florida Bar Henry Latimer Center for Professionalism
Practicing With Professionalism
The Florida Bar Henry Latimer Center for 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;
Learning Objectives for Professionalism Segment
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
The Florida Bar Henry Latimer Center for Professionalism
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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.
The Florida Bar Henry Latimer Center for Professionalism
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).
The Florida Bar Henry Latimer Center for Professionalism
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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
The Florida Bar Henry Latimer Center for Professionalism
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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
The Florida Bar Henry Latimer Center for Professionalism
Class Action
The Florida Bar Henry Latimer Center for Professionalism
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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 . . .”
The Florida Bar Henry Latimer Center for Professionalism
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.
The Florida Bar Henry Latimer Center for Professionalism
Anatomy of a Murder
The Florida Bar Henry Latimer Center for Professionalism
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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”
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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)
The Florida Bar Henry Latimer Center for Professionalism
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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...”
The Florida Bar Henry Latimer Center for Professionalism
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
The Florida Bar Henry Latimer Center for Professionalism
Kramer v. Kramer
Attorney’s general roughhousing of Mrs. Kramer:
Is it an ethics violation or professionalism problem?
The Florida Bar Henry Latimer Center for Professionalism
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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”
The Florida Bar Henry Latimer Center for Professionalism
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?
The Florida Bar Henry Latimer Center for Professionalism
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”
The Florida Bar Henry Latimer Center for Professionalism
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;