When Worlds Collide Balancing Professionalism and Ethics, Client Expectations, and Your Practice We named the lecture because of the conflict inherent in the relationships encountered by the lawyer involved in a domestic relations case. By Melinda Penney Gamot, Palm Beach Gardens & Richard West, Orlando

Find at https://www. floridabar Find at https://www.floridabar.org/wp-content/uploads/2017/04/ADA-2017-19-Professionalism-Handbook-FINAL.pdf. August 2017 112 pages

Professionalism Professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession. It embraces far more than simply complying with the minimal standards of professional conduct. The essential ingredients of professionalism are character, competence, commitment, and civility. The Florida Bar Standing Committee on Professionalism Read it

Florida Bar Oath of Admission Florida Bar Creed of Professionalism Florida Bar Professionalism Expectations The Rules Regulating the Florida Bar Florida Supreme Court Decisions these are the five sources that have been integrated to form the Rules of professional conduct. Chapter 4 of the rules is just one of the 5

Bounds of Advocacy Thanks to Nicole Goetz. On its way to EC.

RELATIONSHIPS Yourself Client The Florida Bar Opposing Party Opposing Counsel The Court Justice The Florida Bar RELATIONSHIPS Look at yourself first--Character

For when the One Great Scorer comes to write against your name He marks not that you won or lost—but how you played the Game. Sugesting that the Florida Bar is now attuned to the Grantland Rice schoolk Henry Grantland Rice

RELATIONSHIP WITH CLIENT Competence Honesty Confidentiality Diligence Communication Richard-

Competence Unconsciously Competent Consciously Competent Unconsciously Incompetent Consciously Incompetent Consciously Competent Unconsciously Competent Competence Richard

Honesty Tell the truth Melinda--Create reasonable expectations in your client. Don’t promise more than you can deliver. Tell them not only strengths but weaknesses of the case.

Confidentiality I will maintain the confidence and preserve the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval Oath of Admission Richard—Train staff, pledge of confidentiality. Secure email and cloud storage. Be careful of reply all

Diligence Be on time and prepared Melinda-Diligence

Communicate effectively Communication Communicate effectively Both of us—Lawyers take this for granted. Copy client on everything, almost automatic. Train staff to ask if they have a doubt. Some things should not be relayed until you can do it properly. Educate your client.

Who is in charge, you or your client? Needs no explanation

2-Way Street Client’s duty to us Client’s duty to us Tell the truth Impaired client Not paying our fees Being reasonable Bad acts Melinda—Bilateral agreement—If the client dents live up to obligations to us. Affirmative obligation to correct untruths.

Duty of Zealous Representation Duty of Professionalism Balancing Act Duty of Zealous Representation Duty of Professionalism Custody for Leverage “Starve them out” Brutalize spouse in deposition Write a strong letter Don’t respond to opp. counsel Don’t agree to early mediation Don’t agree to set hearings Don’t agree to anything Independent Judgment Dilatory or delay 4-3.2 Expectations 2.2 Polite communication Respect for time of others Expectations 4.3 and 4.4 Expectations 6.5 Accede to reasonable requests melinda

RELATIONSHIP WITH OPPOSING COUNSEL Be respectful, polite, and courteous Richard--Return calls and emails. Agree to reasonable requests both substantive and procedural.

Be considerate of the time of others

RELATIONSHIP WITH OPPOSING PARTY I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times act with dignity, decency, and courtesy. Creed of Professionalism I will exercise independent judgment and will not be governed by a client’s ill will or deceit. To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications. Oath of admission Civility was added to the Oath in September 2011

RELATIONSHIP WITH THE COURT Maintain the respect due to courts and judicial officers. Oath 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. Creed Obligation to correct client lies.

RELATIONSHIP WITH JUDICIAL SYSTEM 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. Creed

RELATIONSHIP WITH THE FLORIDA BAR Rules of Professional Conduct – Chap 4 Trust Accounting – Chap 5 Advertising – Chap 4-7 Melinda--Supreme Court has routinely increased penalties over the last few years.

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