Court empowers panels to address unprofessionalism.

Following up on a recommendation from its Commission on Professionalism, the Supreme Court has approved a "Code for Resolving Professionalism Complaints" that will include both The Florida Bar's current grievance intake system and local circuit-based professionalism committees.

Supreme Court Justice Fred Lewis, chair of the commission and author of the unanimous June 6 opinion for the court, said Chief Justice Ricky Polston's office will be issuing further information for carrying out the opinion, and he expects the circuit committees to be set up over the summer.

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The Commission on Professionalism voted at last year's Bar Convention to recommend that "repeated and substantial" violations of professionalism standards should be subject to a formal review and possible sanctions.

"This represents the vote of the Supreme Court to implement that and to direct the circuit courts to create professionalism committees," Lewis said. "They work with and ... address misbehavior of lawyers that may be short of a violation of our [disciplinary] code but is nonetheless a violation of our standards."

The opinion noted that the Bar has traditionally emphasized a more passive approach to professionalism, relying on articles and education to maintain and elevate conduct of lawyers.

However, "the Professionalism Commission has concluded that we continue to experience significant problems that are unacceptable, requiring further and more concrete action," the opinion said. "Surveys of both lawyers and judges continue to consistently reflect that professionalism is one of the most significant adverse problems that negatively impact the practice of law in Florida today."

As for determining what standards will be enforced, the court adopted the commission's recommendation not to write a new code, but to use standards set out in the Bar's Oath of Admission, the Creed of Professionalism, Ideals and Goals of Professionalism, The Rules Regulating The Florida Bar, and relevant Supreme Court decisions. Those are incorporated into the Code for Resolving Professionalism Complaints.

As for resolving complaints, the opinion approved the commission's recommendation "that the mechanism for initiating, processing, and resolving professionalism complaints be the Attorney Consumer Assistance ... Program (ACAP) created by The Florida Bar. ACAP ... already accepts, screens, mediates, and attempts to resolve any complaints concerning professional behavior...