Lapses in professionalism may lead to disciplinary sanctions.

"Repeated and substantial" violations of what have largely been aspirational professionalism standards could lead to disciplinary sanctions against Bar members under a proposal tentatively adopted by the Supreme Court's Commission on Professionalism.

The commission's proposal would allow the Bar or local voluntary bars with professionalism programs to receive complaints about attorneys' lack of professionalism. The commission is forwarding its recommendation to the Bar Board of Governors and the judicial conferences for county, circuit, and district courts of appeal judges for their feedback.

The commission took the vote at its June 21 meeting during the Bar's Annual Convention, following a public hearing.

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"It is no longer enough to yell louder and louder about our aspirations. It's not going to work on people who are deaf, who only care about the money they are making or the ego satisfaction they are obtaining from their behavior," Irwin Gilbert, a member of the Bar's Committee on Professionalism, told the commission during the public hearing.

Commission Chair and Supreme Court Justice Fred Lewis emphasized at the start of the meeting that the commission wants to hear from all interested parties as it proceeds.

"Because it is the first discussion with regard to some limitation of sanctions or discipline ... for behavior that is beyond acceptable limits, this is something that needs to be aired and discussed and is far too important to just let it happen," Lewis said at the start of the meeting.

The commission's proposal would define unprofessional conduct as behavior that violates the standards contained in the Oath of Admission to The Florida Bar, The Florida Bar Creed of Professionalism, The Florida Bar Ideals and Goals of Professionalism, The Rules Regulating The Florida Bar, or the decisions of the Florida Supreme Court. Commission members noted the proposal contains no new codes or standards but only addresses a way of enforcing existing standards.

Complaints could be made to local bar associations with professionalism enforcement programs or to the Bar's Attorney Consumer Assistance Program. ACAP would handle inquiries similar to grievance matters in determining whether a complaint could be informally resolved, whether a violation of rules occurred, and whether a complaint may require further investigation and possible referral to a grievance committee if it is serious enough.

Outgoing Bar President Scott...

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