PRACTICING WITHPROFESSIONALISMThe Florida Bar – Henry Latimer Center for Professionalism
Learning ObjectivesI.Discuss professionalism, civility, and ethicsII.Explore how professionalism is regulatedIII. Journey through common pitfallsIV. Identify why professionalism matters and learnhow to improve professionalism
EXPLORING PROFESSIONALISM, CIVILITY, AND ETHICS
What is Professionalism?
Defining ty
CivilityMedia portrayalInexperienceAggressive advocacy“You’re Out of Order! Dealing withthe Cost of Incivility in the LegalProfession”Technology
“ to opposing parties and theircounsel, I pledge fairness,integrity, and civility, not only incourt, but also in all written andoral communications THE CIVILITY PLEDGE IN OATH OF ADMISSIONCivility”
Civility Gone Wrong“Wow, you are delusional!!What kind of drugs are youon? I can handle anythinga little punk like you candish out otherwise, go backto your single wide trailer inthe dumps of Pennsylvaniaand get a life!!”
Civility in Action"I propose that we hitthe ‘reset button’ &start fresh "
Ethics and ProfessionalismThe Ethics Rules regulating TheFlorida Bar are the minimumstandard of the floor that supportsour status as a lawyer in goodstanding.
REGULATING PROFESSIONALISM
Regulating Professionalism
Regulating ProfessionalismThe Florida Bar v. Ratiner, 46 So.3d 35 (Fla. 2010)Attorney publicly reprimanded andsuspended for 60 days forunprofessional conduct at avideotaped deposition.
Regulating Professionalism
Regulating OFESSIONALISMRESOURCES Attorney Consumer Assistance Program(ACAP) Cases Rules Regulating The Florida Bar The Code: SC13-688 Professionalism Expectations Best Practices for Effective ElectronicCommunication (E-Guide)
Regulating ProfessionalismComplaintAssessmentInvestigation & ActionDisposition
The Florida Bar v. Norkin
“A lawyer shall not:(d) engage in conduct in connectionwith the practice of law that isprejudicial to theadministration of justice.”RULE 4-8.4 MISCONDUCTDisciplinary Rules
“ the enumeration herein of certain categories of misconduct asconstituting grounds for discipline shall not be deemed to be allinclusive nor shall the failure to specify any particular act ofmisconduct be construed as tolerance thereof. The commissionby a lawyer of any act that is unlawful or contrary tohonesty and justice, whether the act is committed in thecourse of the attorney's relations as an attorney orotherwise, whether committed within or outside theState of Florida, and whether or not the act is a felony ormisdemeanor, may constitute a cause for discipline.”RULE 3-4.3 MISCONDUCT AND MINOR MISCONDUCTDisciplinary Rules
Disciplinary System: CodeSupreme Court of FloridaNo. SC13-688IN RE: CODE FOR RESOLVINGPROFESSIONALISM COMPLAINTS[June 6, 2013]
The Best Practices for EffectiveElectronic CommunicationBar staff drafted “The Best Practices for EffectiveElectronic Communication” (“E-Guide”), whichincludes topics such as: Telephone hostility Angry emails Cyber security Laptop/tablet usage in public Social media and networking issues
Professionalism Expectations
PROFESSIONALISM IS AN EXPECTATION IN FLORIDA
What can we dowhen we observeor become aparty tounprofessionalconduct?
COMMON PITFALLS
Common Pitfalls(1) Lack of respect for the judiciary(2) Misrepresentation(3) Improper solicitation(4) Misuse of social media
Lack of Respect for the Judiciary
Lack of Respect for the Judiciary
Lack of Respect for the Judiciary4-1.1 Competence4-3.5(c) Impartiality and decorum of thetribunal4-8.2(a) Judicial and legal officer Impugning qualifications andintegrity of judges
“When lawyers display reverence for thelaw, the judicial system, and the legalprofession by acting with respect, decorum,and courtesy, they earn the trust of thepublic and help to preserve faith in theoperation of a fair judicial system.”PROFESSIONALISM EXPECTATIONS – SECTION 5Lack of Respect for the Judiciary
How can werespectfullydisagree witha judge?
Misrepresentation
Misrepresentation
Misrepresentation4-4.1 Truthfulness to others Cannot make a materialfalse statement to others4-3.3 Candor toward thetribunal is required Cannot make falsestatements to court
Improper Solicitation
Improper Solicitation
Improper Solicitation4-1.5 Duty to communicate basis or rate of feeto client4-2.1 Must give candid advice; cannot guaranteeresults4-7.4(a) No soliciting prospective client4-8.3(a) Required to report misconduct of others4-8.4(a) Cannot use non-lawyers to violate rules
Misuse of Social Media
“Social media must not be usedto disparage opposing parties,lawyers, judges, and members ofthe public. (See R. RegulatingFla. Bar 4-8.2(a) and 4-8.4(d))”PROFESSIONALISM EXPECTATIONS 2.13Misuse of Social Media
WHY PROFESSIONALISM MATTERS
Why Professionalism galPharmaceutical
WHY?
ADVERSARIAL
ALL WORK AND NO PLAY
EMOTIONAL BAGGAGE
Tools to Improve Professionalism
Emotional Intelligence
EQ Quadrants
Ways to Improve Your EQ
KNOW WHEN YOU ARE STRESSED
READ BODY LANGUAGE
KNOW YOUR STRENGTHS AND WEAKNESSES
EMPATHIZE
LISTEN AND STOP INTERRUPTING
DISC
DISC
DISC
DISC Assessment
DISCD.I.S.C.Likes to be in authorityEnthusiasticReliableLikes instruction
DISCD.I.S.C.Problem solverEnjoys popularityGives in to othersFactual
DISCD.I.S.C.Takes chargeTakes risksLoyalAccurate
DISCD.I.S.C.ProductiveFun-lovingAvoids confrontationsResponsible
DISCD.I.S.C.DeterminedVisionaryCalmConsistent
DISCD.I.S.C.BoldLikes varietySensitivePrefers perfection
DISCD.I.S.C.EnterprisingVerbalEnjoys routinePredictable
DISCD.I.S.C.Decision makerSpontaneousNurturingDetail oriented
DISCD.I.S.C.CompetitivePromoterDislikes changePractical
DISCD.I.S.C.PersistentInspirationalPeace makerAnalytical
DO UNTO OTHERS AS THEYWOULDDOUNTOTHEMSELVESPlatinum Rule
DISC as a Communication ToolD Be directFocus on changeDo not touchSummarizeC Use data and factsKeep on taskDisagree with fact onlyDo not over-criticize Allow social timeLighten the moodGive recognitionUse touchBuild trustDraw out opinionsGive warning of changeInvolve in planningIS
DISC and EQ in Action
EQ/DISC Assessments
PRACTICING WITHPROFESSIONALISMThe Florida Bar – Henry Latimer Center for Professionalism
Ethics and Professionalism The Ethics Rules regulating The Florida Bar are the minimum . standing. REGULATING PROFESSIONALISM. Regulating Professionalism . The Florida Bar v. Ratiner, 46 So. 3d 35 (Fla. 2010) Attorney publicly reprimanded and suspended for 60 days for unprofessional conduct at a videotaped deposition. . they earn the trust .
Practicing with Professionalism . may download the entire print version of this bookalong with a wide array of su p-plemental electronic materials, as described below. We trust that this publication will serve as a valuable companion for . Practicing with Professionalism. and a continuing resource for research and reference in daily practice.
enhance professionalism. 2. A resource professional should be funded by the state to assist law enforcement agencies in developing policies, procedures, and best practices to enhance professionalism. This is most needed for smaller departments with limited resources. 3. Professionalism involves building trust and legitimacy in the served community,
administration of the Code of Professionalism and Ethics as specified in the DCG Student Code of Ethics and Professionalism and shall maintain all official records regarding violations of the DCG Student Code of Professionalism and Ethics for at least five years after final disposition of any hearings or meetings related to these matters. 3.
Reviewing sight words and phonograms daily Practicing letter formation and penmanship Practicing math facts daily (even in the higher grades) Practicing and mastering organizational strategies Practicing and mastering emotional regulation strategies Being able to teach at the remedial level when necessary is one of the huge
pharmacy. In addition to new information on professionalism, Version 2.0 of the Professionalism Toolkit has been updated to serve as a user-friendlier document that may be referenced by student pharmacists, educators and practitioners. T H E
need to demonstrate professionalism. Professionalism does not mean wearing a suit or carrying a briefcase; rather, it means conducting oneself with responsibility, integrity, accountability, and excellence. It means communicating effectively and appropriately and always find
medical students and colleagues: this is the essence of humanism Humanism in turn is central to professionalism and fundamental to enhancing collegiality among physicians. Professionalism-The Practice of Medicine Due to an exp
An API (US) nationally adopted standard, either modified from or identical to the ISO standard, may include the API Monogram Program requirements. This shall be noted on the front cover as to be evident to the reader. Both modified and identical adoptions which include the API Monogram should be designated as follows: API Title . ANSI/API XX . Edition, Month/Year . Effective Date: (minimum of .