In Re: Code for Resolving Professionalism Referrals and Amendments to Rule Regulating The Florida Bar 6-10.3 ( 2023 )

Supreme Court of Florida
____________
No. SC2023-0884
____________
IN RE: CODE FOR RESOLVING PROFESSIONALISM REFERRALS
AND AMENDMENTS TO RULE REGULATING THE FLORIDA BAR
6-10.3.
July 6, 2023
PER CURIAM.
In May 2021, The Florida Bar created the Special Committee
for the Review of Professionalism in Florida. The Special
Committee’s charge was to consider the state of professionalism
among Florida lawyers and to develop recommendations for this
Court and The Florida Bar on: the teaching of professionalism
throughout a lawyer’s career; the content of Florida’s
professionalism standards; and the enforcement of those standards.
The Court is grateful for the Special Committee’s hard work and its
thorough and thoughtful report and recommendations.
A key focus of the Special Committee’s study was the Code for
Resolving Professionalism Complaints, which this Court adopted in
2013 and later amended twice. See In re Code for Resolving
Professionalism Complaints, 116 So. 3d 280 (Fla. 2013); In re
Amend. Code for Resolving Professionalism Complaints, 156 So. 3d
1034 (Fla. 2015); In re Amends. Code for Resolving Professionalism
Complaints, 174 So. 3d 995 (Fla. 2015). The Special Committee has
proposed that the Court replace the 2013 Code with a new code, the
Code for Resolving Professionalism Referrals. The Special
Committee also asks the Court to amend Florida’s Professionalism
Expectations and Rule Regulating The Florida Bar 6-10.3 (Minimum
Continuing Legal Education Standards). We grant the Special
Committee’s requests with modifications. 1
First, the Court replaces the 2013 Code with the Code for
Resolving Professionalism Referrals. This new code will clarify and
enhance the important role of local professionalism panels, entities
that are independent of The Florida Bar and established in each
circuit for the purpose of informally resolving referrals of claimed
1. We have jurisdiction. Art. V, § 15, Fla. Const. (“The
supreme court shall have exclusive jurisdiction to regulate the
admission of persons to the practice of law and the discipline of
persons admitted.”).
-2-
unprofessional conduct by lawyers practicing in that circuit.
Importantly, the code we adopt today clarifies the distinction
between the informal local professionalism panel process and the
formal grievance process for investigating and adjudicating possible
violations of the Florida Rules of Professional Conduct. The Court
agrees with the Special Committee that the informal, peer-to-peer
mentoring approach offered by local professionalism panels can
materially improve professionalism among Florida lawyers.
Second, we amend the Professionalism Expectations as
recommended by the Special Committee. The Professionalism
Expectations are one of four sources that make up the standards of
professionalism in Florida; the other sources are the Oath of
Admission to The Florida Bar, The Florida Bar Creed of
Professionalism, and the Rules Regulating The Florida Bar. The
revised Professionalism Expectations that we adopt today
emphasize that Florida’s professionalism standards apply to all
forms of communication, including online communication, and to
both in-person and remote (video or audio) interactions with others.
Third, we amend Bar Rule 6-10.3(b) (Minimum Hourly
Continuing Legal Education Requirements). The existing CLE rule
-3-
generally requires Bar members to complete a minimum of 33 credit
hours of approved continuing legal education activity every three
years. The existing rule further mandates that at least one of the
33 hours consists of an approved professionalism program.
Adopting in part a recommendation of the Special Committee, today
we amend the CLE rule to require Bar members to complete, during
each reporting cycle, a two-hour legal professionalism course
produced by The Florida Bar and approved by this Court. This two-
hour course, which the Bar will offer free of charge, replaces the
existing one-hour professionalism program requirement.
Finally, the Court on its own motion today makes two
additional changes to the existing CLE rule. First, the overall CLE
requirement is reduced to 30 hours per reporting cycle. This
change restores the required hourly total in place when the Court
first imposed mandatory CLE in 1987, and it aligns the total CLE
hours requirement for lawyers with the corresponding continuing
education requirement for judges. See Fla. Bar re Amend. to R.
Regulating Fla. Bar (Continuing Legal Educ.), 510 So. 2d 585 (Fla.
1987); Fla. R. Gen. Prac. & Jud. Admin. 2.320(b)(2).
-4-
Second, the current CLE rule says in part that “[a]t least 5 of
the 33 credit hours must be in approved legal ethics,
professionalism, bias elimination, substance abuse, or mental
health and wellness programs.” Today the Court amends the rule
by removing “bias elimination” from that list. The Court believes
that non-discrimination principles and civility can and should be
addressed in the context of legal ethics and professionalism.
Courses in “bias elimination” that meet The Florida Bar’s general
course approval requirements will continue to count toward the
fulfillment of Bar members’ overall 30-hour CLE requirement; but
such courses will no longer count toward fulfillment of the five-hour
sub-requirement specified in the rule.
We hereby adopt the Code for Resolving Professionalism
Referrals as reflected in Appendix A, which replaces the 2013 Code
for Resolving Professionalism Complaints. We also hereby amend
the Professionalism Expectations as reflected in Appendix B and
Rule Regulating The Florida Bar 6-10.3 as reflected in Appendix C.
In Appendices B and C, new language is indicated by underscoring,
while deletions are indicated by struck-through type.
-5-
The Code for Resolving Professionalism Referrals and the
amendments to the Professionalism Expectations are effective
immediately. The amendments to Bar Rule 6-10.3 shall be effective
January 8, 2024. Any “bias elimination” courses taken prior to the
effective date of the amendments to Bar Rule 6-10.3 will count
toward a member’s fulfillment of the five-hour sub-requirement for
the member’s applicable reporting cycle. For any member who has
less than three months remaining in his or her CLE reporting cycle
on the effective date of the Bar Rule 6-10.3 amendments, the
requirement to take the two-hour Bar-produced course on
professionalism will not apply until the member’s subsequent
reporting cycle.
Because the amendments were not published for comment
previously, interested persons shall have 75 days from the date of
this opinion in which to file comments with the Court. 2
2. All comments must be filed with the Court on or before
September 19, 2023, as well as a separate request for oral
argument if the person filing the comment wishes to participate in
oral argument, which may be scheduled in this case. If filed by an
attorney in good standing with The Florida Bar, the comment must
be electronically filed via the Florida Courts E-Filing Portal (Portal).
If filed by a nonlawyer or a lawyer not licensed to practice in
Florida, the comment may be, but is not required to be, filed via the
-6-
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
and FRANCIS, JJ., concur.
SASSO, J., did not participate.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Code for Resolving Professionalism Referrals
and Florida Rules Regulating The Florida Bar
Portal. Any person unable to submit a comment electronically must
mail or hand-deliver the originally signed comment to the Florida
Supreme Court, Office of the Clerk, 500 South Duval Street,
Tallahassee, Florida 32399-1927.
-7-
Appendix A
The Code for Resolving Professionalism Referrals
Purpose: This code describes an 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. This process does not replace the Florida
Rules of Professional Conduct or the formal disciplinary process for
a violation of those rules as set out in Chapter 3 of the Rules
Regulating The Florida Bar. Rather, this code establishes local
professionalism panels (LPPs) in each judicial circuit that will
receive, screen, and act on referrals of unprofessional conduct; and
address those referrals informally, if possible; or refer those
referrals to The Florida Bar for investigation.
1.0 Unprofessional Conduct and the Standards of
Professionalism
1.1 Definition of Unprofessional Conduct. Members of The
Florida Bar must not engage in unprofessional conduct.
“Unprofessional Conduct” means a violation of the Standards of
Professionalism. The Standards of Professionalism are found in the
Oath of Admission to The Florida Bar, The Florida Bar Creed of
Professionalism, the Professionalism Expectations, and the Rules
Regulating The Florida Bar.
1.2 Referrals to The Florida Bar. Minor or isolated instances of
unprofessional conduct may be addressed through the informal
process described in this code. However, when unprofessional
conduct is substantial or repeated, that conduct may be referred to
The Florida Bar for a disciplinary investigation into whether the
formal disciplinary process should be initiated. In particular, Rule
4-8.4(d) of the Rules Regulating the Florida Bar has been the basis
for imposing discipline in these Instances. See e.g., The Florida Bar
v. Norkin, 132 So. 3d 77 (Fla. 2013) (holding that lawyer’s
unprofessional behavior at numerous hearings violated Rule Reg.
Fla. Bar 4- 3.5(c) and inappropriate emails and outbursts violated
Rule Reg. Fla. Bar 4-8.4(d); The Florida Bar v. Ratiner, 46 So. 3d 35-8-
(Fla. 2010) (holding that lawyer’s unprofessional deposition conduct
violated Rules Reg. Fla. Bar 3-4.3, 3-4.4, 4-3.5, 4-4.4(a), 4-8.4(b),
and 4-8.4(d)); The Florida Bar v. Abramson, 3 So. 3d 964 (Fla. 2009)
(holding that lawyer’s disrespectful and confrontational conduct
toward a judge and jury violated Rules Reg. Fla. Bar 4-3.5(a), 4-
3.5(c), 4-8.2(a), 4-8.4(d)); and The Florida Bar v. Martocci, 791
So. 2d 1074 (Fla. 2001) (holding that lawyer’s disparaging and
profane remarks to opposing party and counsel violated Rule Reg.
Fla. Bar 4-8.4(d)). The bar must refer conduct that an LLP referred
to the bar, but for which the bar determines prosecution through
the disciplinary process is not warranted, to the LPP for the
appropriate circuit for handling through the informal process
described in this code.
2.0 Process for Addressing Unprofessional Conduct Referrals
2.1 Initiating Referrals. Any person may initiate an unprofessional
conduct referral against a member of The Florida Bar through the
appropriate judicial circuit’s local professionalism panel as
described in Section 3.0.
3.0 Processing Referrals of Unprofessional Conduct through a
Local Professionalism Panel
3.1 Formation. The chief judge of each judicial circuit will create
and maintain in continuous operation a local professionalism panel
(“LPP” or “panel”) to receive, screen, and act on any referrals of
claimed unprofessional conduct and to resolve those referrals
informally, if possible, or refer them to The Florida Bar, if
necessary. The LPPs are entities independent of The Florida Bar,
established in each circuit for the purpose of informally resolving
referrals of claimed unprofessional conduct by lawyers practicing in
that circuit, including appellate practice and transactional practice.
The chief judge appoints the panel, which must include judges
(current or senior, trial or appellate) and local attorneys that are in
good standing with The Florida Bar and eligible to practice law from
diverse areas of practice with varying levels of experience, but must
have practiced law at least 5 years. The chief judge appoints the
-9-
LPP Chair. The chief judge or the chief judge’s designee also
appoints members as necessary to fill LPP vacancies. The chief
judge determines the number of members to serve on the LPP.
3.2 Terms. LPP members serve staggered 3-year terms. A member
may be reappointed to serve 1 additional 3-year term, not to exceed
6 consecutive years. Each term begins on July 1 and runs through
June 30 of the third year.
3.3 Immunity. The members of the LPP, staff assisting those
panels, members of the circuit committees on professionalism, and
staff assisting those committees, have absolute immunity from civil
liability for all acts in the course and scope of their duties under
this code.
3.4 Education. The chief judges must facilitate the promotion and
education of the lawyers in their respective circuits about the LPPs
through local, circuit-wide, CLE program about the role of the LPPs.
The members of the LPPs must undergo training by experienced
lawyers involved in the The Florida Bar disciplinary process prior to
serving on the panels.
3.5 Required Meetings. Every other year, beginning in 2023, the
chairs, or the member of the panel designated by the chair of each
LPP, must meet in person or through the use of remote
conferencing to review this code and make any recommendations
for change to the Florida Supreme Court, review the forms used by
the circuits to maintain uniformity of the forms (allowing for each
circuit to modify the forms to meet the needs of the individual
circuits), and review the procedures used by the circuits to
maintain uniformity of procedures (allowing for each circuit to
modify procedures to meet the needs of the individual circuits). The
LPPs also must discuss the policies and procedures of the circuits
to facilitate continued enhancement of the program. The Florida Bar
will organize the biannual conferences.
3.6 Confidentiality. Documents and records provided to, and
proceedings before, each LPP are confidential. LPP referrals to the
- 10 -
bar do not remain confidential under Rule Regulating The Florida
Bar 3-7.1.
3.7 Reporting.
(a) Each LPP must file a written report with the chief judge of its
circuit, the Florida Supreme Court, and The Florida Bar identifying
all professionalism referrals received against a member of The
Florida Bar in June and December of each calendar year.
(b) The biannual reports must include the following information for
each referral for the six calendar months preceding the month in
which the report is due:
(1) the date of the referral;
(2) the circuit in which the issue arose;
(3) a short summary detailing the substance of the referral;
(4) the relationship of the respondent to the person submitting
the referral;
(5) whether or not the respondent voluntarily participated in
the process;
(6) the resolution, if any, of the referral; and
(7) whether there were previous referrals against the
respondent.
(c) The reports must not include identifying information for the
respondent or the party who submitted the referral.
3.8 Publishing Reports. The Florida Bar will publish on its website
the LPP biannual reports. The chief judge, or the chief judge’s
designee, will publish on the judicial circuit’s website the LPP
biannual reports from that circuit.
- 11 -
Appendix B
Professionalism Expectations
“Professionalism is the pursuit and practice of the highest ideals
and tenets of the legal profession. It embraces far more than simply
complying with the minimal standards of professional conduct. The
essential ingredients of professionalism are character, competence,
commitment, and civility.”
-The Florida Bar Standing Committee on Professionalism
Preamble:
The professionalism standards in Florida are set forth in (1)
these Professionalism Expectations; (2) the Rules Regulating The
Florida Bar; (3) The Florida Bar Creed of Professionalism; and (4)
the Oath of Admission to The Florida Bar. The Florida Supreme
Court adopted this integrated standard of professionalism to
identify the professional behavior expected of lawyers practicing law
in Florida. As The Florida Bar grows, it becomes more important to
articulate the Bar’s professionalism expectations and for Florida
lawyers to demonstrate these expectations in practice. The guidance
provided in these Professionalism Expectations originates both from
(1) the ethical duties established by the Florida Supreme Court in
the Rules Regulating The Florida Bar and (2) the long-standing
customs of fair, civil, and honorable legal practice in Florida. Where
a Professionalism Expectation is coextensive with a lawyer’s ethical
duty, the expectation is stated as an imperative, cast in the terms of
“must” or “must not.” Where a Professionalism Expectation is
drawn from a professional custom that is not directly provided for
in the Rules Regulating The Florida Bar, the expectation is stated as
a recommendation of correct action, cast in terms of “should” or
“should not.” To the Florida Supreme Court and The Florida Bar,
lawyer professionalism is:
1. embracing a commitment to serve others;
- 12 -
2. dedicating to properly using knowledge and skills to
promote a fair and just result;
3. endeavoring to enhance knowledge, skills, and competence;
4. ensuring that concern for a client’s desired result does not
subvert the lawyer’s fairness, honesty, civility, respect, and
courtesy during interactions with fellow professionals, clients,
opponents, public officials, members of the judiciary, or the
public;
5. contributing skill, knowledge, and influence to further the
profession’s commitment to service and the public good,
including efforts to provide all persons, regardless of their
means or popularity of their causes, with access to the law
and the judicial system;
6. enhancing the legal system’s reputation by educating the
public about the profession’s capabilities and limits,
specifically about what the legal system can achieve and the
appropriate methods of obtaining those results; and
7. accepting responsibility for one’s own professional conduct
and the conduct of others in the profession, including
encouraging other lawyers to meet these civility and
Professionalism Expectations and fostering peer regulation to
ensure that each lawyer is competent and public-spirited.
To reinforce and communicate its expectations of lawyer
professionalism among our members, the Florida Supreme Court
and The Florida Bar adopt the following Professionalism
Expectations:
1. Commitment to Equal Justice Under the Law and to the
Public Good
A license to practice law is a privilege that gives the lawyer a
special position of trust, power, and influence in our society. This
privilege requires a lawyer to use that position to promote the
- 13 -
public good and to foster the reputation of the legal profession while
protecting our system of equal justice under the law.
Expectations:
1.1 A lawyer should avoid the appearance of impropriety.
1.2 A lawyer should counsel and encourage other lawyers to abide
by these Professionalism Expectations.
1.3 A lawyer should promote the public’s understanding of the
lawyer’s role in the legal profession and protect public confidence in
a just and fair legal system founded on the rule of law.
1.4 A lawyer should not enter into a lawyer-client relationship when
the lawyer cannot provide competent and diligent service to the
client throughout the course of the representation.
1.5 A lawyer must not seek clients through the use of misleading or
manipulative oral and written representations or advertisements.
(See R. Regulating Fla. Bar 4-7.13 and 4-7.14). Contingency fee
arrangements must be in writing and follow R. Regulating Fla. Bar
4-1.5(f).
1.6 When employed by a new client, a lawyer should discuss fee
and cost arrangements at the outset of the representation and
promptly confirm those arrangements in writing.
1.7 A lawyer must place a client’s best interest ahead of the lawyer’s
or another party’s interests. (See R. Regulating Fla. Bar 4-1.7(a)(2)).
1.8 A lawyer must maintain and preserve the confidence and
private information of clients. (See R. Regulating Fla. Bar 4-1.6).
1.9 In any representation where the fee arrangement is other than a
contingent percentage-of-recovery fee or a fixed, flat-sum fee or in
which the representation is anticipated to be of more than brief
duration, a lawyer should bill clients on a regular, frequent interim
basis, and avoid charging unnecessary expenses to the client.
- 14 -
1.10 When a fee dispute arises that cannot be amicably resolved, a
lawyer should endeavor to utilize an alternative dispute resolution
mechanism such as fee arbitration.
1.11 A lawyer must routinely keep clients informed and attempt to
resolve client concerns. (See R. Regulating Fla. Bar 4-1.4). In the
case of irreconcilable disagreements with a client, the lawyer must
provide diligent representation until the lawyer-client relationship is
formally dissolved in compliance with the law and the client’s best
interests. (See R. Regulating Fla. Bar 4-1.16).
1.12 A lawyer must devote professional time and resources and use
civic influence to ensure equal access to our system of justice. (See
R. Regulating Fla. Bar 4-6.1).
1.13 A lawyer must avoid discriminatory conduct prejudicial to the
administration of justice in connection with the practice of law. (See
R. Regulating Fla. Bar 4-8.4(d)).
2. Honest and Effective Communication
A lawyer’s word is his or her bond. Effective communication
requires lawyers to be honest, diligent, civil, and respectful in their
interactions with others, including interactions in person and by
video conferencing, telephone, text messaging, social media, email,
online communications, and all other oral and written
communications.
Expectations:
2.1 A lawyer should inform every client what the lawyer expects
from the client and what the client can expect from the lawyer
during the term of the legal representation.
2.2 Candor and civility must be used in all oral and written
communications, including online communications. (See R.
Regulating Fla. Bar 4-8.4(c)).
- 15 -
2.3 A lawyer must avoid disparaging personal remarks or acrimony
toward opposing parties, opposing counsel, third parties or the
court. (See R. Regulating Fla. Bar 4-8.4(d)).
2.4 A lawyer must timely serve all pleadings to prevent prejudice or
delay to the opposing party. (See R. Regulating Fla. Bar 4-3.2).
2.5 A lawyer’s communications in connection with the practice of
law, including communications on social media or other online
communications, must not disparage another’s character or
competence or be used to inappropriately influence or contact
others. (See R. Regulating Fla. Bar 4-8.4(d)).
2.6 A lawyer should use formal letters or emails for legal
correspondence and should not use text messages to correspond
with a client or opposing counsel unless mutually agreed.
2.7 In drafting a proposed letter of intent, the memorialization of an
oral agreement, or a written contract reflecting an agreement
reached in concept, a lawyer should draft a document that fairly
reflects the agreement of the parties.
2.8 In drafting documents, a lawyer should point out to opposing
counsel all changes that the lawyer makes or causes to be made
from one draft to another.
2.9 A lawyer should not withhold information from a client to serve
the lawyer’s own interest or convenience.
2.10 A lawyer must not knowingly misstate, misrepresent, or distort
any fact or legal authority to the court or to opposing counsel and
must not mislead by inaction or silence. Further, the discovery of
additional evidence or unintentional misrepresentations must
immediately be disclosed or otherwise corrected. (See R. Regulating
Fla. Bar 4-3.3 and 4-8.4).
2.11 A lawyer must not inappropriately communicate with a party
represented by a lawyer (See R. Regulating Fla. Bar 4-4.2),
including not responding “reply all” to emails.
- 16 -
2.12 A lawyer should diligently prepare legal forms and documents
to avoid future harm or litigation for the client while ensuring
compliance with the requirements of the law.
2.13 Social media must not be used to disparage opposing parties,
lawyers, judges, and members of the public. (See R. Regulating Fla.
Bar 4-8.2(a) and 4-8.4(d)).
2.14 Social media should not be used to avoid the ethical rules
regulating lawyer advertising.
2.15 Social media must not be used to inappropriately contact
judges, mediators, jurors, witnesses, or represented parties. (See R.
Regulating Fla. Bar 4-3.5 and 4-4.2).
2.16 Social media must not be used for the purpose of influencing
adjudicative proceedings. (See R. Regulating Fla. Bar 4-3.6).
2.17 A lawyer must ensure that the use of electronic devices does
not impair the attorney-client privilege or confidentiality. (See R.
Regulating Fla. Bar 4-1.6).
2.18 A lawyer must diligently respond to calls, correspondences,
complaints, and investigations by The Florida Bar. (See R.
Regulating Fla. Bar 4-8.4(g)).
3. Adherence to a Fundamental Sense of Honor, Integrity,
and Fair Play
Courtesy, cooperation, integrity, fair play, and abiding by a
sense of honor are paramount for preserving the integrity of the
profession and to ensuring fair, efficient, and effective
administration of justice for the public.
Expectations:
3.1 A lawyer must not engage in dilatory or delay tactics. (See R.
Regulating Fla. Bar 4-3.2).
- 17 -
3.2 A lawyer should not make scheduling decisions that limit
opposing counsel’s opportunity to prepare or respond.
3.3 A lawyer should not unreasonably oppose an adversary’s
motion.
3.4 A lawyer must not permit non-lawyer personnel to communicate
with a judge or judicial officer on any matters pending before the
judge or officer or with other court personnel except on scheduling
and other ministerial matters. (See R. Regulating Fla Bar 4-3.5(b)
and 4-8.4(a)).
3.5 A lawyer must avoid substantive ex parte communications in a
pending case with a presiding judge. The lawyer must notify
opposing counsel of all communications with the court or other
tribunal, except those involving only scheduling or clerical matters.
(See R. Regulating Fla. Bar 4-3.5).
3.6 When submitting a written communication to a court or other
tribunal, a lawyer should provide opposing counsel with a copy of
the document contemporaneously or sufficiently in advance of any
related hearing.
3.7 A lawyer must promptly prepare a proposed order, ensure that
the order fairly and adequately represents the court’s ruling before
submitting the order to the court, and advise the court whether
opposing counsel has approved the order. (See R. Regulating Fla.
Bar 4-3.4(c)).
3.8 A lawyer should only schedule depositions to ascertain relevant
facts and not to generate income or harass deponents or opposing
counsel.
3.9 A lawyer must not ask a deponent irrelevant personal questions
or questions designed to embarrass a deponent. (See R. Regulating
Fla. Bar 4-4.4(a)).
3.10 A lawyer should not make improper objections in depositions.
- 18 -
3.11 A lawyer must not prevent a deponent from answering
questions unless a legal privilege applies. (See R. Regulating Fla.
Bar 4-3.4(c)).
3.12 When scheduling depositions, hearings, and other court
proceedings, a lawyer should request an amount of time that
permits all parties in the case the opportunity to be fully and fairly
heard on the matter.
3.13 A lawyer should immediately provide a scheduling notice for a
hearing, deposition, or trial to all opposing parties.
3.14 A lawyer should notify opposing parties and subpoenaed
witnesses of a cancelled or rescheduled hearing, deposition, or trial.
3.15 During pre-trial disclosure, a lawyer should make a
reasonable, good-faith effort to identify witnesses likely to be called
to testify.
3.16 During pre-trial disclosure, a lawyer should make a
reasonable, good-faith effort to identify exhibits to be proffered into
evidence.
3.17 A lawyer should not mark on or alter exhibits, charts, graphs,
or diagrams without opposing counsel’s permission or leave of
court.
3.18 A lawyer must not threaten opposing parties with sanctions,
disciplinary complaints, criminal charges, or additional litigation to
gain a tactical advantage. (See R. Regulating Fla. Bar 4-3.4(g) and
(h)).
4. Fair and Efficient Administration of Justice
The just, speedy, and inexpensive determination of every
controversy is necessary to preserve our system of justice.
- 19 -
Expectations:
4.1 A lawyer should be familiar with the court’s administrative
orders, local rules, and each judge’s published standing orders,
practices, and procedures.
4.2 A lawyer should endeavor to achieve the client’s lawful
objectives as economically and expeditiously as possible.
4.3 A lawyer should counsel the client concerning the benefits of
mediation, arbitration, and other alternative methods of resolving
disputes.
4.4 A lawyer should counsel the client to consider settlement in
good faith.
4.5 A lawyer should accede to reasonable requests for waivers of
procedural formalities when the client’s legitimate interests are not
adversely affected.
4.6 A lawyer must not invoke a rule for the purpose of creating
undue delay, or propose frivolous oral or written arguments which
do not have an adequate basis in law nor fact. (See R. Regulating
Fla. Bar 4-3.1).
4.7 A lawyer must not use discovery to harass or improperly burden
an adversary or cause the adversary to incur unnecessary expense.
(See R. Regulating Fla. Bar 4-4.4).
4.8 A lawyer should frame reasonable discovery requests tailored to
the matter at hand.
4.9 A lawyer should assure that responses to proper discovery
requests are timely, complete, and consistent with the obvious
intent of the request. A lawyer should not avoid disclosure unless a
legal privilege prevents disclosure.
- 20 -
4.10 A lawyer should not respond to discovery requests in a
disorganized, unintelligible, or inappropriate manner, in an attempt
to conceal evidence.
4.11 A lawyer should stipulate to all facts and principles of law that
are not in dispute and should promptly respond to request for
stipulations of fact or law.
4.12 After consulting with the client, a lawyer should voluntarily
withdraw claims and defenses that are without merit, superfluous,
or cumulative.
4.13 A lawyer should be fully prepared when appearing in court or
at hearings.
4.14 A lawyer should not use voir dire to extract promises from or
to suggest desired verdicts to jurors.
4.15 A lawyer should abstain from all acts, comments, and
attitudes calculated to curry favor with jurors.
4.16 A lawyer should not express bias or personal opinion
concerning any matter at issue in opening statements and in
arguments to the jury.
4.17 A lawyer should not make offers or requests for a stipulation
in front of the jury.
4.18 A lawyer should not use the post-hearing submission of
proposed orders as an opportunity to argue or reargue a matter’s
merits.
4.19 A lawyer must not request rescheduling, cancellations,
extensions, and postponements without legitimate reasons or solely
for the purpose of delay or obtaining unfair advantage. (See R.
Regulating Fla. Bar 4-4.4).
- 21 -
4.20 A lawyer must not criticize or denigrate opposing parties,
witnesses, or the court to clients, media, or members of the public.
(See R. Regulating Fla. Bar 4-8.2(a) and 4-8.4(d)).
5. Decorum and Courtesy
When lawyers display reverence for the law, the judicial
system, and the legal profession by acting with respect, decorum,
and courtesy, including interactions in person and by video
conferencing, they earn trust of the public and help to preserve
faith in the operation of a fair judicial system.
5.1 A lawyer should abstain from rude, disruptive, and
disrespectful behavior. The lawyer should encourage clients and
support personnel to do the same.
5.2 A lawyer should be civil and courteous in all situations, both
professional and personal, and avoid conduct that is degrading to
the legal profession. (See R. Regulating Fla. Bar 3-4.3).
5.3 A lawyer must always behave in a courteous and formal manner
in hearings, depositions, and trials and should refrain from seeking
special consideration from a judge or juror.
5.4 A lawyer should refer to all parties, witnesses, and other
counsel by their last names during legal proceedings.
5.5 A lawyer should request permission from the court before
approaching the bench or submitting any document.
5.6 A lawyer should state only the legal grounds for an objection
unless the court requests further argument or elaboration.
5.7 A lawyer should inform clients and witnesses that approving
and disapproving gestures, facial expressions, or audible comments
are absolutely prohibited in legal proceedings.
- 22 -
5.8 A lawyer should abstain from conduct that diverts the fact-
finder’s attention from the relevant facts or causes a fact-finder to
make a legally impermissible decision.
5.9 A lawyer should address objections, requests, and observations
to the judge.
5.10 A lawyer should attempt to resolve disagreements before
requesting a court hearing or filing a motion to compel or for
sanctions.
6. Respect for the Time and Commitments of Others
Respecting the time and commitments of others is essential to
the efficient and fair resolution of legal matters.
Expectations:
6.1 A lawyer should not impose arbitrary or unreasonable deadlines
on others.
6.2 A lawyer should schedule a deposition during a time period
sufficient to allow all parties to examine the deponent.
6.3 Unless circumstances compel more expedited scheduling, a
lawyer should provide litigants, witnesses, and other affected
persons with ample advance notice of hearings, depositions,
meetings, and other proceedings, and whenever practical, schedule
these events at times convenient for all interested persons.
6.4 A lawyer should accede to all reasonable requests for
scheduling, rescheduling, cancellations, extensions, and
postponements that do not prejudice the client’s opportunity for
full, fair, and prompt adjudication.
6.5 A lawyer should promptly agree to a proposed time for a
hearing, deposition, meeting or other proceeding or make his or her
own counter proposal of time.
- 23 -
6.6 A lawyer should promptly call potential scheduling conflicts or
problems to the attention of those affected, including the court or
tribunal.
6.7 A lawyer should avoid last-minute cancellations of hearings,
depositions, meetings, and other proceedings.
6.8 A lawyer should promptly notify the court or tribunal when a
scheduled court appearance becomes unnecessary.
6.9 A lawyer should be punctual in attending all court appearances,
depositions, meetings, conferences, and other proceedings.
6.10 A lawyer must respond promptly to inquiries and
communications from clients and others. (See R. Regulating Fla.
Bar 4-1.4.)
7. Independence of Judgment
An enduring value of a lawyer’s service is grounded in the
lawyer’s willingness to exercise independent judgment in practice
and while giving the client advice and counsel.
7.1 A lawyer should exercise independent judgment and should not
be governed by the client’s ulterior motives, ill will, or deceit.
7.2 A lawyer should counsel a client or prospective client, even with
respect to a meritorious claim or defense, about the public and
private burdens of pursuing the claim as compared with the
benefits to be achieved.
7.3 In advising a client, a lawyer should not understate or overstate
achievable results or otherwise create unrealistic expectations.
7.4 A lawyer should not permit a client’s ill will toward an
adversary, witness, or tribunal to become that of the lawyer.
7.5 A lawyer must counsel a client against using tactics designed:
(a) to hinder or improperly delay a legal process; or (b) to
- 24 -
embarrass, harass, intimidate, improperly burden, or oppress an
adversary, party or any other person and should withdraw from
representation if the client insists on such tactics. (See R.
Regulating Fla. Bar 4-1.16, 4-3.2, and 4-4.4).
7.6 In contractual and business negotiations, a lawyer client
concerning what is reasonable and customary under the
circumstances.
- 25 -
Appendix C
Rules Regulating The Florida Bar, Chapter 6
Rule 6-10.3. Minimum Continuing Legal Education Standards
(a) [No Change]
(b) Minimum Hourly Continuing Legal Education
Requirements. Every member must complete a minimum of 330
credit hours of approved continuing legal education activity every 3
years. At least 3 of the 30 credit hours must be in approved
technology programs. At least 5 of the 330 credit hours must be in
approved legal ethics, professionalism, bias elimination, substance
abuse, or mental health and wellness programs, with at least 1of
the 5 hours in an approved professionalism program and at least 3
of the 33 credit hours in approved technology programs.; as part of
the 5 credit hours, each member must complete, during each
reporting cycle, the 2-credit hour Florida Legal Professionalism
course produced by The Florida Bar and approved by the Supreme
Court of Florida. If a member completes more than 330 credit hours
during any reporting cycle, the excess credits cannot be carried over
to the next reporting cycle.
(c)-(g) [No Change]
- 26 -