Tallahassee Bar

In an effort to reinforce professionalism in the practice of law in the Second Judicial Circuit, the Circuit Committee on Professionalism has reviewed the guidelines adopted by other circuits in the state, by national bar organizations, and by state and local bar organizations, and has adopted the following Standards for Professionalism that should guide the behavior of those practicing in the Circuit.

1. Attorneys should be, and should impress upon their clients and witnesses, the need to be courteous, civil, and respectful and not rude or disruptive with the court, opposing counsel, parties, witnesses, and other court staff.

2. Attorneys and judges should refrain from criticizing or denigrating one another, the parties or witnesses, before their clients, the public or the media.

3. Except upon agreement of counsel, in an emergency, or other compelling circumstances, attorneys should consult with opposing counsel prior to scheduling and should endeavor to provide opposing counsel, parties, witnesses, the court, and other effective persons, sufficient notice of the scheduling or cancellation of depositions, hearings or other proceedings.

4. As a matter of courtesy, reasonable extensions of time should be granted to opposing counsel where such extensions will not have a material, adverse effect on the rights of the client. Extensions should be requested only for good cause and should never be requested for the purpose of delaying a proceeding or obtaining an advantage.

5. Discovery should be undertaken only when actually needed to ascertain facts or Information, or to perpetuate testimony. Discovery should never be used as a means of harassment or to generate expense. In responding to discovery request, receiving counsel should not delay for merely tactical reasons. Objections to discovery should be based upon a good faith belief in their merit and, if a discovery request is objectionable only in part, the unobjectionable portion should be answered in a timely manner.

6. Before filing or setting a motion for hearing, attorneys should take reasonable efforts to resolve the issue with opposing counsel. When scheduling hearings, attorneys should request an amount of time that is truly calculated to permit full and fair presentation of the matter to be adjudicated and to permit equal response on the opposing party.

7. Following a hearing, the attorney charged with preparing the proposed order should promptly prepare and order that fairly and adequately represents the ruling of the court. Attorneys should promptly provide such proposed orders to opposing counsel for approval and opposing counsel should promptly communicate any objections. The drafting attorney should then submit a copy of the proposed order to the court and advise the court as to whether or not it has been approved by opposing counsel.

8. Attorneys should notify opposing counsel of all oral or written communications with the court or other tribunal, except those involving only scheduling matters. Copies of any submission to the court should simultaneously be provided to opposing counsel by substantially the same method of delivery by which they are provided to the court.

9. Neither the judge nor the attorney should do anything to give the impression that the proceeding is anything but fair and impartial. Attorneys and judges should courteous and cordial during court proceedings and should never show undue familiarity or unusual informality to one another. All participants should be referred to by their prospective surnames during any court proceeding.

10. In every case, counsel should consider whether the client’s interest could be adequately served and the controversy more expeditiously and economically resolved by arbitration, mediation, or other forms of alternative dispute resolution. In the event that a matter is resolved through alternative dispute resolution, or any other manner, the court and other affected persons should be promptly notified.

Adopted, August 2000

Deeno Kitchen, Chairman
Professionalism Committee, 2nd Judicial Circuit of Florida