20th Circuit Local Professionalism Panel Report Summary

counsel could come to the conclusion that the written comments were insulting and unprofessional. The lawyer acknowledged that he had been annoyed when he sent the response.

The 20th Circuit Local Professionalism Panel (LPP) reviews complaints regarding lack of professionalism in accordance with In re Code for Resolving Professionalism Complaints 116 So. 3d 280 (Fla. 2013) (Code), and 20th Circuit Administrative order 2.20. The LPP relies on the Standards of Professionalism identified in the Code as well as the Standards of Professional Courtesy and Conduct for Lawyers Practicing in the Twentieth Judicial Circuit.

The LPP process is not a disciplinary proceeding, but is instead a mentoring process that is intended to help attorneys stay on the path of professionalism. Upon a determination that a lawyer has not acted in a professional manner, the LPP may provide the participants a letter regarding the conduct at issue and possibly other mentoring. In an effort to further educate lawyers practicing in the 20th Circuit about professionalism, the local bar associations of each county have agreed to publish redacted summaries of selected cases. The following is one such summary.

The lawyer was alleged to have been unprofessional to opposing counsel in litigation when an email was sent which stated, “It’s amazing [redacted] how you can so distort my actual words. A person of reasonable intelligence can understand the difference between what I said and your interpretation of what I said.”

In response the lawyer acknowledged that, in retrospect, he could recognize that opposing

The LPP found that the communication violated the following portions of the 20th Circuit Standards: Standard IV (A) (1) (Attorneys should refrain from criticizing or denigrating the court, opposing counsel, parties or witnesses), Standard IV (A) (2) (Attorneys should be, and impress upon their clients and witnesses to be, courteous and respectful. No one should be rude or disruptive with the court, opposing counsel, parties or witnesses). Standard IV (D) (1) (Attorneys should at all times be civil and courteous in communicating with adversaries…). Standard (K) (1) (Attorneys should always deal with parties, counsel, witnesses, jurors or prospective jurors, court personnel and the judge with courtesy and civility and avoid undignified or discourteous conduct).

The informal mentoring and educational function of the LPP was successful in this case. The lawyer reached out to opposing counsel to apologize for the communication and to attempt to move forward in a more collegial manner. Furthermore, the lawyer promised to “strive toward better communication with fellow lawyers in the community.” is proud to announce Mark A. Haskins has joined its panel of neutrals.

This case is yet another example of the adage of “think before you send.” Much unprofessional conduct might be avoided if lawyers take some time before responding while annoyed. Acknowledging and apologizing for unprofessional conduct can foster collegiality and professionalism among members of our bar. We all make mistakes, especially during the stress of litigation. How we deal with mistakes made is often what determines professionalism.

Local Professionalism Panel Report Summaries will appear in the Ethically Speaking column with thanks to Res Gestae and the Lee County Bar Association. This summary was provided with authorization of the 20th Circuit LPP and the 20th Circuit Professionalism Committee.

» Working Florida Supreme Court Certified Circuit Civil Mediator for over 5 years.

» Civil litigator representing both plaintiff and defense counsel on Florida’s Southwest Gulf Coast in areas such as personal injury, complex medical malpractice, catastrophic injury, wrongful death, premises liability and commercial cases — for more than 32 years.

Mark A. Haskins

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