Business Law 101 / Professionalism And The Bar

By Albert L. Kelley

I enjoy practicing law in Key West. Being in a small town, the practice of law is more considerate than in large cities. When you deal with the same people repeatedly, you either learn to treat them with respect or your own reputation will be destroyed. Generally, in Key West the lawyers live the rule of “Disagree, but don’t be disagreeable.” Yes, sometimes issues can carry over into our personal lives, but we try to get over that and return to civility.

The public has misconceptions about the law practice. It is often looked on with scorn and derision. Lawyers are often referred to as “hired guns”. Lawyer jokes are still immensely popular. And even Shakespeare wrote “First thing we do, let’s kill all the lawyers”. We lawyers know that many people hold us in contempt. That comes with the nature of the job. We have to tell clients things they don’t want to hear. We have to guide them through turbulent times. And in litigation, the other side will always think we are wrong, despite what the law says. Yet, when clients understand the purpose and requirements of our job, the perception can change.

Professionalism and honesty are at the center of the oath we take as lawyers: “I do solemnly swear . . . I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor . . . To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications; I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged . . . So help me God.” As lawyers we should take this oath to heart.

The question is how do we change the public perception? By educating the public as to what lawyer’s do and what is professional. This is one of the goals of the Henry Latimer Center for Professionalism, formed by the Supreme Court and the Florida Bar. To assist the Center with their goals, on October 2, 2015 Chief Judge Mark H. Jones and County Judge Wm. Reagan Ptomey addressed the Monroe County Bar Association to remind us how we as lawyers can work to combat the misperceptions held about our profession. This includes acting with honesty and fairness, respecting the dignity of others-whether they be witnesses, court personnel or even adverse parties, and working with the local professionalism panel. It includes better communication with clients and the public. Mostly, it means being a professional.

We know we are not the most loved profession in the world, but hopefully by acting professionally we can teach by example so the negative misperceptions will be eliminated.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” and “Basics of Florida’s Small Claims Court” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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