ethics & professionalism in family law. what makes a great lawyer command of the law and rules...
TRANSCRIPT
Ethics & Professionalism In Family Law
What Makes A Great Lawyer
• Command of the law and rules of procedure and evidence.• Good writing and oratory skills.• Ethics, civility and professionalism.
And What They Accomplish
• Most Effective• Highest Paid• Best Reputation• Contributes To A Pleasant And
Enjoyable Working Environment
“Ethics is knowing the difference between what you have a right to do and what is right to do.”
Potter Stewart, US Supreme Court Justice
Essential Resources
• Florida Bar Rules Of Professional Conduct• Bounds of Advocacy• Florida Bar Ethics Hotline
(1-800-235-8619)• Formal Advisory Ethics Opinions• Professionalism Handbook
Issues Unique To Family Law
• Highly Emotional / Angry Clients• Consideration Of The Best Interests
Of Children• Financial Impact On Clients• Continued Contact Of Parties Post
Judgment
Professional Conduct
• With Opposing Counsel– Cooperate in the discovery process– Scheduling of hearings and depositions– Drafting and submission of orders to the Court– Discern matters that are undisputed– Ex parte orders under exigent circumstances– Progression of case towards resolution– Demonstrate respect
Professional Conduct
• With Pro Se– Same as with opposing counsel –Never offer advice–Never state an opinion– Exercise flexibility and cooperation
Ethical Duties To Client
• Competence in handling all matters• Explore the emotional and financial
impact of pursuing certain avenues of litigation• Assist clients in attempting to resolve
disputes by agreement
Ethical Duties To Client, Cont.
• Keep client informed and respond promptly• Never represent both parties • Never offer advice to an
unrepresented party• Never disclose confidential
information
Dealing With Difficult Clients
• Untenable positions and/or seeking vindication• Unreasonable and refusing to resolve
issues• Social media• Utilizing children to gain advantage
Dealing With Difficult Clients, Cont
• Involving family members, friends or significant others in the parties’ matters• Contacting Dept. of Children and
Families and Police