Business Law 101 / LOCAL PROFESSIONALISM PANEL

By Albert L. Kelley

For the past five years, I have served on the 16th Judicial Circuit Court’s Local Professionalism Panel. This is a little heard about but extremely important part of our Judicial system.

To become a lawyer in Florida, every attorney must take the following oath, “I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Florida; I will maintain the respect due to courts of justice and judicial officers; 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, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; 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; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.” 

They also are to follow the Florida Bar’s Creed of Professionalism: “I revere the law, the judicial system, and the legal profession and will at all times in my professional and private lives uphold the dignity and esteem of each.  I will further my profession’s devotion to public service and to the public good.  I will strictly adhere to the spirit as well as the letter of my profession’s code of ethics, to the extent that the law permits and will at all times be guided by a fundamental sense of honor, integrity, and fair play.  I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not improperly permit my silence or inaction to mislead anyone.  I will conduct myself to assure the just, speedy and inexpensive determination of every action and resolution of every controversy.  I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times act with dignity, decency, and courtesy.  I will respect the time and commitments of others.  I will be diligent and punctual in communicating with others and in fulfilling commitments.  I will exercise independent judgment and will not be governed by a client’s ill will or deceit.  My word is my bond.”

The goal of the Oath and Creed are to maintain the integrity of the legal profession. To enforce professional behavior, the Florida Bar set out the Rules Regulating the Florida Bar. Chapter 4 of these Rules is titled “Rules of Professional Conduct” and covers the behavior demanded of every attorney. As the preamble to Chapter 4 states, “A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice. . . A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials. . . As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law, and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system, because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”

Lawyers hold a unique place in our society.  Attorneys have an obligation to represent their client zealously but within the bounds of the Rules Regulating Professional Conduct. While by far most attorneys strive diligently to follow these Rules, occasionally there will be mistakes or, in rare circumstances, intentional violations. Lawyers are supposed to uphold our legal system.  But that does not always happen.  As the Supreme Court has said, “we have come to understand that professionalism or acceptable professional behavior is not simply a matter of character or principles nor is it simply an issue of rule-following or rule-violating. To the contrary, unacceptable professional conduct and behavior is often a matter of choice or decision-making”.  In 1996, the Florida Bar commissioned a report to the Supreme Court that stated professionalism was in a state of steep decline.  The Supreme Court then created a Committee on Professionalism, but by 2013 found that there were still “significant problems that are unacceptable”, and that when surveying lawyers, they found that “professionalism is one of the most significant adverse problems that negatively impacts the practice of law in Florida today”.  To counter this decline, the Supreme Court directed the Chief Judge in every Circuit throughout Florida to create a Local Professionalism Panel.  

The role of the Local Professionalism Panel is to promote professional behavior among lawyers and to educate the public, attorneys, and the court as to professional standards. 

When a member of the public, another lawyer, or a member of the judiciary perceives unprofessional behavior by a lawyer they may file a complaint with the Local Professionalism Panel who will screen and attempt to resolve those complaints informally, if possible. (A complaint form may be found on the website for the Professionalism Panel at https://keyscourts.net/local-professionalism-panel.html .   The completed form should be sent to the 16th Judicial Circuit Local Professionalism Panel, Freeman Justice Center, 302 Fleming St., Key West, FL 33040.) When a complaint is received, the chairperson of the Panel will review the complaint and determine if it alleges “unprofessional behavior”. If not, the matter is closed. If the allegations are sufficient, it is referred to members of the professionalism panel. This panel has no disciplinary authority, but rather tries to resolve the issue in a nonpunitive, educational and constructive manner. If the panel deems the matter more serious, they can refer it to the Florida Bar’s Attorney Consumer Assistance and Intake Program for further action.

Al Kelley has worked as an attorney in Monroe County for the last 32 years. He is the author of five law books available through Absolutely Amazing E-Books and the host of “Basics Of The Law”, a legal YouTube channel. He serves as the Vice Chair of the 16th Judicial Circuit Professionalism Panel.  He also previously taught business law, personnel law, and labor law at St. Leo University. 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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