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