Putting 'teeth' in professionalism: comments sought on proposed professionalism rules.

Calling it "an in-house discussion between colleagues," Supreme Court Justice Fred Lewis and the court's Commission on Professionalism are inviting lawyers for a public hearing on ways to enforce professionalism standards, including through a grievance-type process.

The hearing will be June 21 from 10 a.m. to noon at the Bar's Annual Convention at the Gaylord Palms Resort and Convention Center in Kissimmee.

Lewis and the commission have set out proposed rules for enforcing professionalism standards, but the justice said those are only a starting point for discussions. He also said the suggestions are a result of long discussions about professionalism and Bar polls that have shown the lack of professionalism as a continuing to p concern of Florida's lawyers.

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"This should not be an edict. This is something we all as lawyers should buy into," the justice said. "Maybe it's time to take a different approach and then the question is, what should that approach be? The commission debated and discussed and turned this thing over.

"This is something that lawyers need to buy into if this is going to work, and that is a more rigorous type or form of enforcement of principles."

The suggested rules--which are reprinted in full in an official notice on this page--would allow the Bar's Attorney Consumer Assistance Program to accept complaints about unprofessional activities. Those complaints, if unresolved by ACAP's assistance, could then be handled through the Bar's discipline system or referred to a professionalism program at the local level.

The commission considered a draft of a professionalism code, Lewis said, but ultimately voted it wasn't needed. Instead the proposed rules say they will enforce the standards already set out 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, and the decisions of the Supreme Court itself. Those proposals also noted that Bar Rule 4-8.4(d) "has been the basis for imposing discipline" for unprofessional conduct.

That rule mandates that lawyers may 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 litigants, jurors, witnesses, court personnel, or other lawyers on any basis...."

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