James W. Hart, publisher of the excellent Florida Family & Divorce Lawyer blog wrote the following insightful article on the subect of "Professionalism" for the The Briefs, a publication of the Orange County Bar Association:
Writing on the topic of Professionalism is not an easy thing to do. As lawyers, we should strive to achieve professionalism in our everyday lives as we work with other attorneys, our clients, and our family and friends. For this month’s issue of The Briefs, I have decided to approach this topic from a perspective that I know best, family law. From our initial contact with a client, to mediation, to dealings with opposing counsel, family law attorneys are in a unique position to enhance and further the principles of professionalism.
Clients that come in to see me are usually consumed with anger, fear, or hatred, are ravaged by guilt or are debilitated by depression. The initial meeting with a potential client can set the stage for the entire professional relationship. During the initial consultation, I try to accomplish three separate goals. First, I explain to the client my philosophy on how to handle their case, and learn about their goals and what they expect from their attorney. Next, if the client decides to retain me, then I enter into a written fee agreement that further explains my responsibilities and the responsibilities of my client during representation. Lastly, I explain to my clients the office procedures – specifically how they will be able to reach me on the phone.
I believe in zealously representing my clients within the bounds of the law and the ethical rules. Most clients will appreciate having an attorney that will serve as an honorable and zealous advocate, and at the same time will represent them in a competent and ethical manner. Clients who think otherwise are clients you should avoid. I avoid clients who think that they can purchase results, or who believe that if they pay me enough money I will turn into a cut-throat attorney whose only goal is to exert revenge on their spouse, no matter what the cost. It’s not in my nature to act that way, it’s certainly not professional, and I let clients know from the outset that I will not act that way as their attorney. I suggest that all attorneys explain to their clients at the outset of the relationship exactly what they can expect during the representation.
Once you have been hired, either after or during the initial interview, it is important to enter into a written fee agreement, or to send the client a letter of engagement. This is especially important with domestic cases because a lot of times clients are so distraught during the initial meeting that they barely remember the details of the engagement.
Finally, make sure to explain your office procedures to your clients during the initial consultation. Will they reach you each time they call or will they talk to someone else? Knowing this information is especially important during the first several weeks of representation, when clients will often call for the most trivial of matters. Having a written list of procedures for phone calls will not only help clarify the relationship between you and your client, but it will help to provide you more time to ethically represent all of your clients.
As the domestic case moves along, at some point the parties will engage in mediation. At mediation, an attorney has a great opportunity to demonstrate the principles of professionalism. You have an opportunity to forget about litigation, and be a true problem solver. The attorney’s purpose at mediation should be to act as a facilitator – working to defuse potentially explosive situations to reach a fair settlement. I always try to encourage my clients to believe and trust in the settlement process and to put away their egos for a couple of hours so that we can reach a settlement that is fair to both parties. A good mediation is one where both parties leave feeling that they gave up too much. That means that the ultimate settlement was a win-win to both parties.
My goal in family law cases is to finish the case quickly, while reaching the best possible result for my client, with the least amount of suffering to the family unit. Where there are children involved, it is important to consider their best interests when structuring the settlement. I deal with lots of other attorneys that are highly respected, ethical, and above all, professional. My law practice and my life are better because of ethical and professional attorneys. They make it easy to pick up the phone and discuss an issue in a case, talk about settlement options, or simply talk about how their lives and practices are going. When I work with those attorneys, I reach better results for my clients, with less heartache, sooner.
However, I also deal with other attorneys that can make life extremely difficult. They fight over the smallest of details, they agree to one thing and then do something completely different, or, worst of all, they misrepresent (i.e. lie) to the court about the facts or procedural history of a case. Besides not acting with professionalism or integrity, lawyers like these will consistently cause more problems (financial and emotional) for their client’s and mine, drag cases out that could otherwise be settled, and cause disruption and animosity between the parties involved.
In an emotionally charged family law case, it can be increasingly easy to succumb to the tactics of these less-than-ethical attorneys. However, as advocates, we must remember the oath we took when we became members of the bar. One tenet of the Creed of Professionalism is that “I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times act with dignity, decency, and courtesy.” Remember that tenet when deciding how to respond to an attorney who is making life difficult for you or your client. Lawyers who take the “high road”, despite the tactics of difficult opposing counsel, demonstrate the true essence of professionalism.
When responding to attorneys like these, always remember to maintain your professionalism and follow the golden rule. When confronted with a situation in which your opposing counsel has engaged in unprofessional conduct, resist the urge to respond immediately. I can’t tell you how many times I have received a letter or been served with a motion from an opposing attorney that makes my blood boil. Strangely enough, I doubt that I am the only attorney who has ever felt this way. Wait a day or two to send a letter back to that attorney. When you do respond, draft a letter that you would be proud to submit to the court – chances are it may be included as an exhibit in a future filing.
Professionalism is the golden rule of the legal industry. In other words, do unto others as we would have them do unto us. Yes, there are rules, guidelines, and any number of ethical opinions that we as lawyers must follow in our day to day practices. But wouldn’t it be easier to just think about how we would feel if we were on the receiving end of the letter that we are about to send, the phone call we make, or the motion that we are about to file?
As lawyers, we cannot change what has happened to our client’s in the past, but we can positively affect what will happen to our client’s during the legal process and in the future. Our client’s want their lawyers to exhibit effort and concern. By following the golden rule, by treating others with respect, and by diligently following up with our clients, we will automatically exhibit the effort and concern that our clients so desperately require.
Source: "Professionalism – A Family Law Perspective" by James W. Hart, published at the Florida Family & Divorce Lawyer blog.