The Supreme Court of Florida has established a Code of Professionalism. The Code of Professionalism is composed of the standards of behavior codified in (1) the Oath of Admission to the Florida Bar, (2) the Florida Bar Creed of Professionalism, (3) The Florida Bar Professionalism Expectations, (4) The Rules Regulating the Florida Bar regarding professionalism, and (5) opinions of the Supreme Court of Florida regarding professionalism. Given the multiple sources of the standards of standards of behavior contained in the Code of Professionalism, the overlap of some of the standards, and the broad scope of The Rules Regulating the Florida Bar and the opinions of the Supreme Court of Florida, the practical ability to quickly identify specific standards can pose a challenge. In order to make the standards easier to access and use, we have compiled, summarized and organized them conceptually into a searchable index with links to specific standards. The standards can then be copied and pasted into documents. The Eleventh Judicial Circuit Standards of Professionalism and Civility have also been incorporated into this Index and Summary and appear in blue font to distinguish them from the Code of Professionalism.
We have been intentionally selective with regard to incorporating Chapter 4 of the Rules Regulating the Florida Bar and the opinions of the Supreme Court of Florida, because the scope of both is broader than core professionalism. We narrowed our focus to rules in Chapter 4 and Supreme Court opinions that relate specifically to professionalism and civility, as this Index and Summary is not intended to address core ethics issues, except to the extent that matters relating to professionalism have ethical implications.
The purpose of this Index and Summary is to foster and promote professionalism within the Florida legal system, thereby furthering the purpose of the legal system itself: the efficient and equitable administration of justice. This document is intended for educational use only and is not a product of The Florida Bar, the Supreme Court of Florida, or the Eleventh Judicial Circuit.
A lawyer should abstain from rude, disruptive, and disrespectful behavior. The lawyer should encourage clients and support personnel to do the same.
(Sources: Creed of Professionalism and Professionalism Expectations: Expectation 5.1)
A lawyer should be civil and courteous in all situations, both professional and personal, and avoid conduct that is degrading to the legal profession.
(Professionalism Expectations: Expectation 5.2)
Lawyer disciplined for raising his voice and behaving in an angry, disrespectful manner during courts proceedings. The Florida Bar v. Norkin, 132 So. 3d 77 (2013).
A lawyer should be punctual in attending all court appearances, depositions, meetings, conferences, and other proceedings.
(Source: Professionalism Expectations: Expectation 6.9)
Lawyers will maintain the respect due to courts of justice and judicial officers.
(Source: Oath of Admission)
Lawyer disciplined for interrupting judge during jury selection. The Florida Bar v. Abramson, 3 So.3d 964 (Fla. 2009).
Lawyers and their staff should (a) act and speak civilly and respectfully to courtroom deputies and bailiffs, clerks, court reporters, judicial assistants and law clerks; (b) be selective in inquiries posed to judicial assistants as their time and resources are limited; and (c) familiarize themselves with the court’s administrative orders, local rules and each judge’s published standing orders, practices and procedures.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility III.5. Click Here)
A lawyer should be fully prepared when appearing in court or at hearings.
(Source: Professionalism Expectations: Expectation 4.13)
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
(Source: Rules Regulating the Florida Bar: Rule 4-1.1)
Lawyer disciplined for failure to act competently on his clients’ behalf by failing to seek documents from his clients and produce those documents after multiple circuit court orders compelling production of the documents; testifying at a show cause hearing that he believed he had complied with the orders to compel production by simply providing the few documents his clients had given him, without reviewing those documents; not timely filing a written response to discovery; and continuing to raise objections that the circuit court had already considered and overruled. The Florida Bar v. Rosenberg, 169 So.3d 1155, 1160- 61 (Fla. 2015).
Lawyers will be diligent and punctual in communicating with others and in fulfilling commitments.
(Source: Creed of Professionalism)
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.
(Source: Professionalism Expectations: Expectation 3.5)
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.
(Source: Professionalism Expectations: Expectation 3.4)
Lawyers should immediately notify opposing counsel of all oral or written communications with the court or other tribunal, except those involving only scheduling or administrative matters.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility IV.2. Click Here)
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.
(Source: Professionalism Expectations: Expectation 3.6)
Copies of any submissions to the court or other tribunal (such as e-mails, correspondence, motions, pleadings, memoranda or law, legal authorities, exhibits, transcripts, etc.), should be simultaneously provided to opposing counsel by e-mail or delivery of an electronic or hard copy.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility IV.3. Click Here)
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. (Source: Professionalism Expectations: Expectation 5.3)
To opposing parties and their counsel, a lawyer should act with fairness, integrity, and civility, not only in court, but also in all written and oral communications.
(Source: Oath of Admission)
Candor and civility must be used in all oral and written communications.
(Source: Professionalism Expectations: Expectation 2.2)
A lawyer must avoid disparaging personal remarks or acrimony toward opposing parties, counsel, third parties or the court.
(Source: Professionalism Expectations: Expectation 2.3)
A lawyer’s communications in connection with the practice of law, including communications on social media, must not disparage another’s character or competence or be used to inappropriately influence or contact others.
(Source: Professionalism Expectations: Expectation 2.5)
A lawyer must not criticize or denigrate opposing parties, witnesses, or the court to clients, media, or members of the public.
(Source: Professionalism Expectations: Expectation 4.20)
A lawyer must respond promptly to inquiries and communications from clients and others.
(Source: Professionalism Expectations: Expectation 6.10)
Lawyer disciplined for sending a threatening letter to opposing counsel. The Florida Bar v. Sayler, 721 So.2d 1152 (Fla. 1998).
Social media must not be used to disparage opposing parties, lawyers, judges, and members of the public.
(Source: Professionalism Expectations: Expectation 2.13)
Social media should not be used to avoid the ethical rules regulating lawyer advertising. (Source: Professionalism Expectations: Expectation 2.14)
Social media must not be used to inappropriately contact judges, mediators, jurors, witnesses, or represented parties.
(Source: Professionalism Expectations: Expectation 2.15)
A lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against other lawyers and those involved in court proceedings on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic.
(Source: Rules Regulating the Florida Bar: Rule 4-8.4(d) )
Lawyer disciplined for sending disparaging emails to opposing counsel, calling him a liar, and making improper outbursts directed toward opposing counsel during the litigation. The Florida Bar v. Norkin, 132 So.3d 77 (2013)). See also The Florida Bar v. Abramson, 3 So.3d 964 (2009) , The Florida Bar v. Buckle, 771 So.2d 1131 (Fla. 2000)., The Florida Bar v. Sayler, 721 So. 2d 1152 (Fla. 1998). , The Florida Bar v. Ratiner, 46 So.3d 35 (Fla. 2010).
A lawyer should respect the time and commitments of others.
(Source: Creed of Professionalism)
A lawyer should immediately provide a scheduling notice for a hearing, deposition, or trial to all opposing parties. (Source: Professionalism Expectations: Expectation 3.13)
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.
(Source: Professionalism Expectations: Expectation 6.3)
Lawyers should endeavor to provide opposing counsel and pro se litigants (collectively, “opposing counsel”), parties, witnesses, and other affected persons, sufficient notice of depositions, hearings and other proceedings, except upon agreement of counsel, in an emergency, or in other circumstances compelling more expedited scheduling. As a general rule, actual notice should be given that is no less than five (5) business days for in-state depositions, ten (10) business days for out-of state depositions and five (5) business days for hearings.
(Source: Eleventh Judicial Circuit Standards of Professionalism and CivilityI.1. Click Here)
A lawyer should notify opposing parties and subpoenaed witnesses of a cancelled or rescheduled hearing, deposition, or trial.
(Source: Professionalism Expectations: Expectation 3.14)
A lawyer should schedule a deposition during a time period sufficient to allow all parties to examine the deponent.
(Source: Professionalism Expectations: Expectation 6.2)
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.
(Source: Professionalism Expectations: Expectation 3.12)
Lawyers should communicate with opposing counsel prior to scheduling depositions, hearings and other proceedings, so as to schedule them at times that are mutually convenient for all interested persons. Further, sufficient time should be reserved to permit a complete presentation by counsel for all parties.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility I.2. Click Here)
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 consideration and adjudication.
(Source: Professionalism Expectations: Expectation 6.4)
Lawyers should cooperate with one another regarding all reasonable rescheduling requests that do not prejudice their clients or unduly delay a proceeding and promptly offer reasonable alternative dates to reschedule a matter.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility I.3. Click Here)
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.
(Source: Professionalism Expectations: Expectation 6.5)
Upon receiving an inquiry concerning a proposed time for a hearing, deposition, meeting or other proceeding, a lawyer should promptly agree to the proposal or offer a counter suggestion that is as close in time as is reasonably available, and lawyers should cooperate with each other when conflicts and calendar changes are reasonably necessary. Only after making a reasonable effort to confer with opposing counsel should attorneys unilaterally schedule depositions, hearings or other matters.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility I.2. Click Here)
A lawyer should not impose arbitrary or unreasonable deadlines on others.
(Source: Professionalism Expectations: Expectation 6.1)
A lawyer should not make scheduling decisions that limit opposing counsel’s opportunity to prepare or respond.
(Source: Professionalism Expectations: Expectation 3.2)
A lawyer should only schedule depositions to ascertain relevant facts and not to generate income or harass deponents.
(Source: Professionalism Expectations: Expectation 3.8)
A lawyer should promptly call potential scheduling conflicts or problems to the attention of those affected, including the court or tribunal.
(Source: Professionalism Expectations: Expectation 6.6)
Lawyers should notify opposing counsel, the court or other tribunal, and others affected, of scheduling conflicts as soon as they become apparent.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility I.3. Click Here)
A lawyer must not request rescheduling, cancellations, extensions, and postponements without legitimate reasons or solely for the purpose of delay or obtaining unfair advantage.
(Source: Professionalism Expectations: Expectation: 4.19)
A lawyer should avoid last-minute cancellations of hearings, depositions, meetings, and other proceedings.
(Source: Professionalism Expectations: Expectation 6.7)
A lawyer should promptly notify the court or tribunal when a scheduled court appearance becomes unnecessary. (Source: Professionalism Expectations: Expectation 6.8)
Lawyers should promptly notify the court or other tribunal of any resolution between parties that renders a scheduled court appearance unnecessary or otherwise moot.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility I.4. Click Here)
A lawyer must not use discovery to harass or improperly burden an adversary or cause the adversary to incur unnecessary expense.
(Source: Professionalism Expectations: Expectation 4.7)
A lawyer must not ask a deponent irrelevant personal questions or questions designed to embarrass a deponent. (Source: Professionalism Expectations: Expectation 3.9)
Lawyers should not use discovery for the purpose of harassing, embarrassing or causing the adversary to incur unnecessary expenses.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility II.1. Click Here)
A lawyer should frame reasonable discovery requests tailored to the matter at hand.
(Source: Professionalism Expectations: Expectation 4.8)
Lawyers should pursue discovery requests that are reasonably related to the matter at issue.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility II.1. Click Here)
A lawyer must not in pretrial procedure, make a frivolous discovery request.
(Source: Rules Regulating the Florida Bar 4-3.4(d))
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.
(Source: Professionalism Expectations: Expectation 4.9)
A lawyer should not respond to discovery requests in a disorganized, unintelligible, or inappropriate manner, in an attempt to conceal evidence.
(Source: Professionalism Expectations: Expectation 4.10)
Lawyer disciplined for testifying at a show cause hearing that he believed he had complied with the orders to compel production by simply providing the few documents his clients had given him, without reviewing those documents. The Florida Bar v. Rosenberg, 169 So.3d 1155 (Fla. 2015).
Lawyers should ensure that responses to reasonable discovery requests are timely, organized, complete and consistent with the obvious intent of the request. Lawyerss should not produce documents in a way calculated to hide or obscure the existence of documents. A response to a request to produce should refer to each of the items in the request and the responsive documents should be produced as they correspond to each request or as they are kept in the usual course of business.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility II.3. Click Here)
A lawyer must not in pretrial procedure, intentionally fail to comply with a legally proper discovery request by an opposing party.
(Source: Rules Regulating the Florida Bar 4-3.4(d) )
Lawyer disciplined for failure to provide documents that were requested by opposing counsel. The Florida Bar v. Rosenberg, 169 So. 3d 1155 (Fla. 2015).
A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent must promptly notify the sender.
(Source: Rules Regulating the Florida Bar: Rule 4-4.4(b))
A lawyer should not knowingly misstate, distort, or improperly exaggerate any fact or opinion and should not permit the lawyer’s silence or inaction to mislead anyone.
(Source: Creed of Professionalism)
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.
(Source: Professionalism Expectations: Expectation 2.1)
A lawyer should not withhold information from a client to serve the lawyer’s own interest or convenience.
(Source: Professionalism Expectations: Expectation 2.9)
A lawyer will employ for the purpose of maintaining the causes confided to him or her 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.
(Source: Oath of Admission)
A lawyer shall not knowingly make a false statement of fact or law to a court or fail to correct a false statement of material fact or law previously made to the court by the lawyer. Further, a lawyer must not knowingly misstate, misrepresent, or distort any fact or legal authority to the court or opposing counsel and must not mislead by inaction or silence. The discovery of additional evidence or unintentional misrepresentations must immediately be disclosed or otherwise corrected.
(Sources: Rules Regulating the Florida Bar: Rule 4-3.3(a)(1) and Professionalism Expectations: Expectation 2.10)
Lawyer disciplined for knowingly making false statements in pleadings submitted to the court that a person in question was a convicted felon and made disparaging and humiliating statements that person was a “pedophile” and “child molester who stalked his daughter.” The Florida Bar v. Forrester, 916 So.2d 647 (Fla. 2005); See also The Florida Bar v. Cibula, 725 So. 2d 360 (Fla. 1998).
Lawyers should not knowingly misstate, misrepresent, or distort any fact or legal authority to the court, tribunal or opposing counsel and shall not mislead by inaction or silence. Further, if this occurs unintentionally and is later discovered, the lawyer immediately should disclose and correct the error.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility IV.1. Click Here)
A lawyer shall not knowingly fail to disclose a material fact to a court when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client.
(Source: Rules Regulating the Florida Bar: Rule 4-3.3(a)(2))
A lawyer shall not knowingly fail to disclose to the court legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
(Source: Rules Regulating the Florida Bar: Rule 4-3.3(a)(3))
Lawyers, likewise, should affirmatively notify the court or tribunal of controlling legal authority that is contrary to their client’s legal position.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility IV.1. Click Here)
A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the court. If a lawyer, the lawyer’s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false
(Source: Rules Regulating the Florida Bar: Rule 4-3.3(a)(4))
In an ex parte proceeding a lawyer shall inform the court of all material facts known to the lawyer that will enable the court to make an informed decision, whether or not the facts are adverse.
(Source: Rules Regulating the Florida Bar: Rule 4-3.3(c))
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.
(Source: Professionalism Expectations: Expectation 2.7)
Lawyers should draft agreements and other documents promptly after the discussions or agreement so as to fairly reflect the true intent of the parties.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility IV.6. Click Here)
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.
(Source: Professionalism Expectations: Expectation 2.8)
Where revisions are made to an agreement or other document, lawyers should point out, redline or otherwise highlight any such additions, deletions or modifications for opposing counsel.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility IV.6. Click Here)
A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, mediator, arbitrator, adjudicatory officer, public legal officer, juror or member of the venire, or candidate for election or appointment to judicial or legal office.
(Source: Rules Regulating the Florida Bar: Rule 4-8.2(a))
Lawyer disciplined for sending a letter to a court-appointed provisional director of corporation in which he improperly threatened to file suit against provisional director and accused the provisional director of being involved in a conspiracy. The Florida Bar v. Norkin, 132 So. 3d 77 (2013); See also The Florida Bar v. Abramson, 3 So. 3d 964 (Fla. 2009).
In the course of representing a client a lawyer shall not knowingly make a false statement of material fact or law to a third person.
(Source: Rules Regulating the Florida Bar: Rule 4-4.1(a))
Lawyer disciplined for making misrepresentations to client’s business partner about client's honesty and failing to disclose to client’s partner lawsuit against client, a court order prohibiting client from entering into certain business transactions, and client's criminal history. The Florida Bar v. Scott, 39 So. 3d 309 (Fla. 2010).
In the course of representing a client a lawyer shall not knowingly fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rules Regulating the Florida Bar: Rule 4-1.6.
(Source: Rules Regulating the Florida Bar: Rule 4-4.1(b))
A lawyer should always conduct himself or herself to assure the just, speedy, and inexpensive determination of every action and resolution of every controversy.
(Sources: Creed of Professionalism and Rules Regulating the Florida Bar: Rule 4-3.2)
Lawyer disciplined because the lawyer’s voluntary dismissal of claim significantly postponed its resolution, and the case had to be reopened extraordinarily and settled much later by the client’s next counsel. The Florida Bar v. Varner, 992 So. 2d 224 (Fla. 2008).
A lawyer should accede to reasonable requests for waivers of procedural formalities when the client’s legitimate interests are not adversely affected.
(Source: Professionalism Expectations: Expectation 4.5)
A lawyer must not engage in dilatory or delay tactics.
(Source: Professionalism Expectations: Expectation 3.1)
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 the law or fact. (Source: Professionalism Expectations: Expectation 4.6)
A lawyer should stipulate to all facts and principles of law that are not in dispute and should promptly respond to requests for stipulations of fact or law.
(Source: Professionalism Expectations: Expectation 4.11)
Lawyers should also endeavor to stipulate to all facts and legal authority not reasonably in dispute.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility V.3. Click Here)
After consulting with the client, a lawyer should voluntarily withdraw claims and defenses that are without merit, superfluous, or cumulative.
(Source: Professionalism Expectations: Expectation 4.12)
A lawyer should not unreasonably oppose an adversary’s motion.
(Source: Professionalism Expectations: Expectation 3.3)
A lawyer should not use voir dire to extract promises from or to suggest desired verdicts to jurors. (Source: Professionalism Expectations: Expectation 4.14)
A lawyer should abstain from all acts, comments, and attitudes calculated to curry favor with jurors. (Source: Professionalism Expectations: Expectation 4.15)
A lawyer should not express bias or personal opinion concerning any matter at issue in opening statements and in arguments to the jury.
(Source: Professionalism Expectations: Expectation 4.16)
A lawyer should not make offers or requests for a stipulation in front of the jury. (Source: Professionalism Expectations: Expectation 4.17)
During pre-trial disclosure, a lawyer should make a reasonable, good-faith effort to identify witnesses likely to be called to testify.
(Source: Professionalism Expectations: Expectation 3.15)
Lawyers should cooperate with opposing counsel during trials and evidentiary hearings by disclosing with reasonable advance notice the identities of all witnesses reasonably expected to be called and the length of time needed to present the lawyer’s client’s case, except when a client’s material rights would be adversely affected. The lawyers also should cooperate with the calling of witnesses out of turn when the circumstances justify it.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility I.6. Click Here)
During pre-trial disclosure, a lawyer should make a reasonable good-faith effort to identify exhibits to be proffered into evidence.
(Source: Professionalism Expectations: Expectation 3.16)
A lawyer should not mark on or alter exhibits, charts, graphs, or diagrams without opposing counsel’s permission or leave of court.
(Source: Professionalism Expectations: Expectation 3.17)
A lawyer must not unlawfully obstruct another party's access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act.
(Source: Rules Regulating the Florida Bar: Rule 4-3.4(a) )
Lawyer disciplined for concealing an original copy of a subcontract during a deposition. The Florida Bar v. Forrester, 818 So. 2d 477 (Fla. 2002).
A lawyer must not threaten opposing parties with sanctions, disciplinary complaints, criminal charges, or additional litigation to gain a tactical advantage.
(Source: Professionalism Expectations: Expectation 3.18)
A lawyer must not present, participate in presenting, or threaten to present disciplinary charges under these rules solely to obtain an advantage in a civil matter.
(Source: Rules Regulating the Florida Bar: Rule 4-3.4(h))
In representing a client, a lawyer must not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer. Notwithstanding the foregoing, a lawyer may, without such prior consent, communicate with another's client to meet the requirements of any court rule, statute or contract requiring notice or service of process directly on a person, in which event the communication is strictly restricted to that required by the court rule, statute or contract, and a copy must be provided to the person's lawyer.
(Source: Rules Regulating the Florida Bar: Rule 4-4.2(a))
In representing a client, a lawyer may not use means that have no substantial purpose other than to embarrass, delay, or burden a third person or knowingly use methods of obtaining evidence that violate the legal rights of such a person.
(Source: Rules Regulating the Florida Bar: Rule 4-4.4(a))
A criminal defense lawyer violated Rules 4-4.4(a) and 4-8.4(d) for sending a victim of a crime an objectively humiliating and intimidating letter designed to cause her to abandon her criminal complaint. The Florida Bar v. Buckle, 771 So. 2d 1131 ; See also The Florida Bar v. Ratiner, 46 So. 3d 35 (Fla. 2010))
Lawyers should refrain from actions intended primarily to harass or embarrass and should refrain from actions which cause unnecessary expense or delay.
(Source: Eleventh Judicial Circuit Standards of Professionalism and Civility V.1. Click Here)
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.
(Source: Professionalism Expectations: Expectation 5.8)
A lawyer shall not engage in conduct intended to disrupt a tribunal.
(Source: Rules Regulating the Florida Bar: Rule 4-3.5(c))
Lawyer violated Rules 4-3.5(c), 4-8.2(a), and 4-8.4(d) by interrupting judge during jury selection in order to demand to be heard and asking the jurors if they felt him or the judge was at fault. The Florida Bar v. Abramson, 3 So. 3d 964 (2009); See also The Florida Bar v. Wasserman, 675 So. 2d 103 (Fla. 2006), and The Florida Bar v. Norkin, 132 So. 3d 77 (Fla. 2013).
A lawyer should counsel the client regarding the benefits of mediation, arbitration, and other alternative methods of resolving disputes.
(Source: Professionalism Expectations: Expectation 4.3)
A lawyer should counsel the client to consider settlement in good faith.
(Source: Professionalism Expectations: Expectation 4.4)
A lawyer should exercise independent judgment and should not be governed by a client’s ill will or deceit.
(Sources: Creed of Professionalism, Professionalism Expectations: Expectation 7.1, and Rules Regulating the Florida Bar: Rule 4-5.4(d)))
A lawyer should not permit a client’s ill will toward an adversary, witness, or tribunal to become that of the lawyer.
(Source: Professionalism Expectations: Expectation 7.4)
A lawyer must counsel a client against using tactics designed: (a) to hinder or improperly delay a legal process; or (b) to 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.
(Source: Professionalism Expectations: Expectation 7.5)
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 compared with the benefits to be achieved.
(Source: Professionalism Expectations: Expectation 7.2)
In advising a client, a lawyer should not understate or overstate achievable results or otherwise create unrealistic expectations.
(Source: Professionalism Expectations: Expectation 7.3)
In contractual and business negotiations, a lawyer should counsel the client concerning what is reasonable and customary under the circumstances.
(Source: Professionalism Expectations: Expectation 7.6)
A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers therein conform to the Rules of Professional Conduct.
(Source: Rules Regulating the Florida Bar: Rule 4-5.1(a))
A lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if:
(1) the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
(Source: Rules Regulating the Florida Bar: Rule 4-5.1(c))
With respect to a nonlawyer employed or retained by or associated with a lawyer or an authorized business entity as defined elsewhere in these Rules Regulating The Florida Bar:
(1) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, must make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer;
(2) a lawyer having direct supervisory authority over the nonlawyer must make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and
(3) a lawyer is responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if the lawyer:
(A) orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or
(B) is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
(Source: Rules Regulating the Florida Bar: Rule 4-5.3(b))
A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.
(Source: Rules Regulating the Florida Bar: Rule 4-5.2(a))
A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty.
(Source: Rules Regulating the Florida Bar: Rule 4-5.2(b))
Absent a specific agreement otherwise, a lawyer who is leaving a law firm shall not unilaterally contact those clients of the law firm for purposes of notifying them about the anticipated departure or to solicit representation of the clients unless the lawyer has approached an authorized representative of the law firm and attempted to negotiate a joint communication to the clients concerning the lawyer leaving the law firm and bona fide negotiations have been unsuccessful.
(Source: Rules Regulating the Florida Bar: Rule 4-5.8(c)(1))
Absent a specific agreement otherwise, a lawyer involved in the dissolution of a law firm shall not unilaterally contact clients of the law firm unless, after bona fide negotiations, authorized members of the law firm have been unable to agree on a method to provide notice to clients.
(Source: Rules Regulating the Florida Bar: Rule 4-5.8(c)(2))
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 in 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.
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.
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, flatsum 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.
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)).
2.1 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. (See R. Regulating Fla. Bar 4-8.4(c)).
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, 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 e-mails 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 e-mails.
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)).
3.1 A lawyer must not engage in dilatory or delay tactics. (See R. Regulating Fla. Bar 4-3.2).
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.
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)).
4.1 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 the 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.
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 requests 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).
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)).
5.1 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.
5.8 A lawyer should abstain from conduct that diverts the fact-finder’s attention from the relevant facts or causes a factfinder 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.
6.1 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.
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.)
7.1 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 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 should counsel the client concerning what is reasonable and customary under the circumstances.
Rule 4-1.1: Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Rule 4-3.2: Expediting Litigation: A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.
Rule 4-3.3: Candor Toward the Tribunal
(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel
(4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer, the lawyer’s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.
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(c)Ex Parte Proceedings. In an ex parte proceeding a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.
Rule 4-3.4: Fairness to Opposing Party and Counsel
A lawyer must not:
(a) unlawfully obstruct another party's access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act;
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(d) in pretrial procedure, make a frivolous discovery request or intentionally fail to comply with a legally proper discovery request by an opposing party;
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(h) present, participate in presenting, or threaten to present disciplinary charges under these rules solely to obtain an advantage in a civil matter.
Rule 4-3.5: Impartiality and Decorum of the Tribunal
(c) Disruption of Tribunal. A lawyer shall not engage in conduct intended to disrupt a tribunal.
Rule 4-4.1 – Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by rule 4-1.6.
Rule 4-4.2 – Communication with Person Represented by Counsel
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Rule 4-4.4 Respect for Rights of Third Persons
(a) In representing a client, a lawyer may not use means that have no substantial purpose other than to embarrass, delay, or burden a third person or knowingly use methods of obtaining evidence that violate the legal rights of such a person.
(b) A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent must promptly notify the sender.
Rule 4-5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers
(a) Duties Concerning Adherence to Rules of Professional Conduct. A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers therein conform to the Rules of Professional Conduct.
(b) Supervisory Lawyer's Duties. Any lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.
(c) Responsibility for Rules Violations. A lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if:
(1) the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
4-5.2 Responsibilities of a Subordinate Lawyer
(a) Rules of Professional Conduct Apply. A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.
(b) Reliance on Supervisor's Opinion. A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty.
4-5.3 Responsibilities Regarding Nonlawyer Assistants
(b) Supervisory Responsibility. With respect to a nonlawyer employed or retained by or associated with a lawyer or an authorized business entity as defined elsewhere in these Rules Regulating The Florida Bar:
(1) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, must make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer;
(2) a lawyer having direct supervisory authority over the nonlawyer must make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and
(3) a lawyer is responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if the lawyer:
(A) orders or, with the knowledge of the specific conduct, ratifies the conduct involved;or
(B) is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
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Rule 4-5.4 Professional Independence of a Lawyer
(d) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services.
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Rule 4-5.8 Procedures for Lawyers Leaving Law Firms and Dissolution of Law Firms
(c) Contact With Clients.
(1) Lawyers Leaving Law Firms. Absent a specific agreement otherwise, a lawyer who is leaving a law firm shall not unilaterally contact those clients of the law firm for purposes of notifying them about the anticipated departure or to solicit representation of the clients unless the lawyer has approached an authorized representative of the law firm and attempted to negotiate a joint communication to the clients concerning the lawyer leaving the law firm and bona fide negotiations have been unsuccessful.
(2) Dissolution of Law Firm. Absent a specific agreement otherwise, a lawyer involved in the dissolution of a law firm shall not unilaterally contact clients of the law firm unless, after bona fide negotiations, authorized members of the law firm have been unable to agree on a method to provide notice to clients.
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Rule 4-8.2 Judicial and Legal Officials
(a) Impugning Qualifications and Integrity of Judges or Other Officers. A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, mediator, arbitrator, adjudicatory officer, public legal officer, juror or member of the venire, or candidate for election or appointment to judicial or legal office.
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4-8.4 Misconduct
A lawyer shall not:
. . .
(d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic
Summary: Lawyer violated Rule 4-3.4(d) by failing to produce documents in violation of court order. Lawyer violated Rule 4-1.1 by failing to seek documents from his clients after multiple circuit court orders compelling production of the documents; testifying at a show cause hearing that he believed he had complied with the orders to compel production by simply providing the few documents his clients had given him, without reviewing those documents; not timely filing a written response to discovery; and continuing to raise objections that the circuit court had already considered and overruled.
Summary: Lawyer violated Rule 4-8.2(a) by sending a letter to a court-appointed provisional director of corporation in which he improperly threatened to file suit against provisional director and accused the provisional director of being involved in a conspiracy. Lawyer violated Rule 4-3.5(c) by raising his voice and behaving in an angry, disrespectful manner. . Lawyer violated Rule 4-8.4(d) by sending emails to opposing counsel during lawsuit disparaging opposing counsel, calling him a liar, and making improper outbursts directed toward opposing counsel during the litigation.
Summary: Lawyer violated Rule 4-4.4(a) by attempting to run around the table toward opposing counsel after counsel placed an evidence sticker on lawyer's laptop computer during a deposition, lambasting counsel over the deposition table, and tearing up the evidence sticker and flicking it at opposing counsel.
“Respondent's unprofessional, belligerent conduct during the laptop incident is an embarrassment to all members of The Florida Bar.” The Florida Bar v. Ratiner, 46 So.3d 35, 41 (Fla. 2010).
Summary: Lawyer violated Rule 4-4.1(a) by making misrepresentations to client’s business partner about client's honesty and failing to disclose to client’s partner a lawsuit against client, the court order prohibiting client from entering into certain business transactions, and client's criminal history.
Summary: Lawyer violated Rules 4-3.5(c), 4-8.2(a), and 4-8.4(d) by interrupting judge during jury selection and asking the jurors if they believed he or the judge was at fault.
Summary: Lawyer violated Rule 4-3.2 because lawyer’s unauthorized voluntary dismissal of client’s claim significantly postponed its resolution, and the case had to be reopened extraordinarily after the statute of limitations had run and settled much later by the client’s next counsel.
Summary: Lawyer violated Rule 4-3.3(a)(1) by knowingly making false statements in pleadings submitted to the court that an individual was a convicted felon and made disparaging and humiliating statements that the individual was a “pedophile” and “child molester who stalked his daughter.”
Summary: Lawyer violated Rule 4-3.4(a) by concealing an original copy of a contract during a deposition.
Summary: A criminal defense lawyer violated Rules 4-4.4(a) and 4-8.4(d) for sending a victim of a crime an objectively humiliating and intimidating letter designed to cause her to abandon her criminal complaint.
“Zealous advocacy cannot be translated to mean win at all costs, and although the line may be difficult to establish, standards of good taste and professionalism must be maintained while we support and defend the role of counsel in proper advocacy. In corresponding with persons involved in legal proceedings, lawyers must be vigilant not to abuse the privilege afforded them as officers of the court. A lawyer's obligation of zealous representation should not and cannot be transformed into a vehicle intent upon harassment and intimidation.” The Florida Bar v. Buckle, 771 So.2d 1131, 1134 (Fla. 2000).
Summary: Lawyer violated Rule 4-3.3(a)(1) by misrepresenting his income at hearings in connection with his alimony obligations.
Summary: A lawyer violated 4-8.4(d) by sending a threatening letter to opposing counsel.
“The First Amendment does not protect those who make harassing or threatening remarks about the judiciary or opposing counsel. Under Rule of Professional Conduct 4-8.4(d), lawyers are required to refrain from knowingly disparaging or humiliating other lawyers.” The Florida Bar v. Sayler, 721 So.2d 1152, 1155 (Fla. 1998)
Summary: After an unfavorable ruling, lawyer violated Rule 4-3.5(c) by shouting criticism at judge, waving arms, banging table, displaying anger, and stating intent to advise client to defy court order.
I. Scheduling
1. Attorneys should endeavor to provide opposing counsel and pro se litigants (collectively, “opposing counsel”), parties, witnesses, and other affected persons, sufficient notice of depositions, hearings and other proceedings, except upon agreement of counsel, in an emergency, or in other circumstances compelling more expedited scheduling. As a general rule, actual notice should be given that is no less than five (5) business days for in-state depositions, ten (10) business days for out-of-state depositions and five (5) business days for hearings.
2. Attorneys should communicate with opposing counsel prior to scheduling depositions, hearings and other proceedings, so as to schedule them at times that are mutually convenient for all interested persons. Further, sufficient time should be reserved to permit a complete presentation by counsel for all parties. Upon receiving an inquiry concerning a proposed time for a hearing, deposition, meeting or other proceeding, a lawyer should promptly agree to the proposal or offer a counter suggestion that is as close in time as is reasonably available, and attorneys should cooperate with each other when conflicts and calendar changes are reasonably necessary. Only after making a reasonable effort to confer with opposing counsel should attorneys unilaterally schedule depositions, hearings or other matters.
3. Attorneys should notify opposing counsel, the court or other tribunal, and others affected, of scheduling conflicts as soon as they become apparent. Further, attorneys should cooperate with one another regarding all reasonable rescheduling requests that do not prejudice their clients or unduly delay a proceeding and promptly offer reasonable alternative dates to reschedule a matter.
4. Attorneys should promptly notify the court or other tribunal of any resolution between parties that renders a scheduled court appearance unnecessary or otherwise moot.
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6. Attorneys should cooperate with opposing counsel during trials and evidentiary hearings by disclosing with reasonable advance notice the identities of all witnesses reasonably expected to be called and the length of time needed to present the attorney’s client’s case, except when a client’s material rights would be adversely affected. The attorneys also should cooperate with the calling of witnesses out of turn when the circumstances justify it.
II. Discovery
1. Attorneys should pursue discovery requests that are reasonably related to the matter at issue. Attorneys should not use discovery for the purpose of harassing, embarrassing or causing the adversary to incur unnecessary expenses.
. . .
3. Attorneys should ensure that responses to reasonable discovery requests are timely, organized, complete and consistent with the obvious intent of the request. Attorneys should not produce documents in a way calculated to hide or obscure the existence of documents. A response to a request to produce should refer to each of the items in the request and the responsive documents should be produced as they correspond to each request or as they are kept in the usual course of business.
III. Conduct Directed to Opposing Counsel, the Court/Tribunal, and Other Participants in the Proceedings
. . .
5. Attorneys and their staff should a) act and speak civilly and respectfully to courtroom deputies and bailiffs, clerks, court reporters, judicial assistants and law clerks; b) be selective in inquiries posed to judicial assistants as their time and resources are limited; and c) familiarize themselves with the court’s administrative orders, local rules and each judge’s published standing orders, practices and procedures.
IV. Candor to the Court/Tribunal and Opposing Counsel
1.Attorneys should not knowingly misstate, misrepresent, or distort any fact or legal authority to the court, tribunal or opposing counsel and shall not mislead by inaction or silence. Further, if this occurs unintentionally and is later discovered, the attorney immediately should disclose and correct the error. Attorneys, likewise, should affirmatively notify the court or tribunal of controlling legal authority that is contrary to their client’s legal position.
2. Attorneys immediately should notify opposing counsel of all oral or written communications with the court or other tribunal, except those involving only scheduling or administrative matters.
3. Copies of any submissions to the court or other tribunal (such as e-mails, correspondence, motions, pleadings, memoranda or law, legal authorities, exhibits, transcripts, etc.), should be simultaneously provided to opposing counsel by e-mail or delivery of an electronic or hard copy. For example, if a memorandum of law is hand-delivered to the court, a copy should be simultaneously e-mailed or hand-delivered to opposing counsel.
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6. Attorneys should draft agreements and other documents promptly after the discussions or agreement so as to fairly reflect the true intent of the parties. Where revisions are made to an agreement or other document, attorneys should point out, redline or otherwise highlight any such additions, deletions or modifications for opposing counsel.
V. Efficient Administration
1. Attorneys should refrain from actions intended primarily to harass or embarrass and should refrain from actions which cause unnecessary expense or delay.
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3. Attorneys should, whenever appropriate, discuss discovery planning. Attorneys should also endeavor to stipulate to all facts and legal authority not reasonably in dispute.
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