3 minute read
Ethically Speaking
by henry lee paul, esq.
As we enter the holiday season, it is a good time for members of The Florida Bar to take time to reflect on their practice and remind themselves of the importance of treating those they deal with throughout the year with civility and respect. Failure to practice civility not only impacts a lawyer’s mental health, wellness and quality of life, it may very well lead to the imposition of discipline by the Florida Supreme Court that may include the requirement to enter into a rehabilitation contract with Florida Lawyers Assistance (FLA). The enforcement of professionalism continues to be a priority for both The Florida Bar and the Florida Supreme Court. Professionalism is not merely aspirational. Discipline is now routinely imposed for unprofessional conduct in violation of the Standards of Professionalism: the Oath of Admission to The Florida Bar, the Creed of Professionalism, the Professionalism Expectations, The Rules Regulating The Florida Bar and decisions of the Florida Supreme Court. Recent disciplinary consent judgment cases are representative of the enforcement of the Standards of Professionalism. In SC21-549, the Respondent received a public reprimand with one year of probation including the requirement that he enter into a rehabilitation contract with FLA and abide by all conditions of the contract. Respondent’s misconduct included making “unprofessional remarks and disparaging statements about opposing counsel and the trial judge in letters, emails and court pleadings.” Respondent also falsely accused opposing counsel of submitting a “fraudulent” proposed order to the court. In a separate matter in the same case, Respondent posted a YouTube video in which she discussed an unidentified guardianship case and “disparaged the professional guardian and court system.” Although Respondent claimed the video was a fictional account, no such disclaimer was made on the video.
In SC21-805, Respondent received a public reprimand and was required to have a FLA evaluation and to comply with recommendations made pursuant to the evaluation, including the possibility of entering into a rehabilitation contract. Respondent made unprofessional communications to opposing counsel. When opposing counsel filed a motion complaining of these communications, the trial judge admonished Respondent and warned him not to engage in such unprofessional conduct. Respondent then filed a Motion to Recuse in which he made disparaging comments about the judge. In another matter in the same case, Respondent sued a client for fees. The trial court found Respondent had engaged in a manner of litigation that was “vexatious” and “unprofessional.” These two cases are examples of the many cases now being brought by The Florida Bar seeking discipline for unprofessional conduct. The Florida Bar and the Supreme Court are serious about disciplining those who violate the Standards of Professionalism.
This year-end holiday season is a good time for members of The Florida Bar to reflect on the importance of civility in the practice of law. To those lawyers who abandon their obligations as officers of the court in favor of uncivil and unrestrained advocacy, The Florida Bar is determined to seek discipline and the Supreme Court is inclined to impose discipline.
Henry Lee Paul, Esq. is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
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