Professionalism In Florida

The Florida Supreme Court has issued corrected new provisions regarding professionalism referrals for state lawyers

In May 2021, The Florida Bar created the Special Committee for the Review of Professionalism in Florida. The Special Committee’s charge was to consider the state of professionalism among Florida lawyers and to develop recommendations for this Court and The Florida Bar on: the teaching of professionalism throughout a lawyer’s career; the content of Florida’s professionalism standards; and the enforcement of those standards. The Court is grateful for the Special Committee’s hard work and its thorough and thoughtful report and recommendations.

A key focus of the Special Committee’s study was the Code for Resolving Professionalism Complaints, which this Court adopted in 2013 and later amended twice. See In re Code for Resolving Professionalism Complaints, 116 So. 3d 280 (Fla. 2013); In re Amend. Code for Resolving Professionalism Complaints, 156 So. 3d 1034 (Fla. 2015); In re Amends. Code for Resolving Professionalism Complaints, 174 So. 3d 995 (Fla. 2015). The Special Committee has proposed that the Court replace the 2013 Code with a new code, the Code for Resolving Professionalism Referrals. The Special Committee also asks the Court to amend Florida’s Professionalism Expectations and Rule Regulating The Florida Bar 6-10.3 (Minimum Continuing Legal Education Standards). We grant the Special Committee’s requests with modifications.

First, the Court replaces the 2013 Code with the Code for Resolving Professionalism Referrals. This new code will clarify and enhance the important role of local professionalism panels, entities that are independent of The Florida Bar and established in each circuit for the purpose of informally resolving referrals of claimed unprofessional conduct by lawyers practicing in that circuit. Importantly, the code we adopt today clarifies the distinction between the informal local professionalism panel process and the formal grievance process for investigating and adjudicating possible violations of the Florida Rules of Professional Conduct. The Court agrees with the Special Committee that the informal, peer-to-peer mentoring approach offered by local professionalism panels can materially improve professionalism among Florida lawyers.

Second, we amend the Professionalism Expectations as recommended by the Special Committee. The Professionalism Expectations are one of four sources that make up the standards of professionalism in Florida; the other sources are the Oath of Admission to The Florida Bar, The Florida Bar Creed of Professionalism, and the Rules Regulating The Florida Bar. The revised Professionalism Expectations that we adopt today emphasize that Florida’s professionalism standards apply to all forms of communication, including online communication, and to both in-person and remote (video or audio) interactions with others.

Third, we amend Bar Rule 6-10.3(b) (Minimum Hourly Continuing Legal Education Requirements). 

(Mike Frisch)