1. When Worlds Collide
Balancing Professionalism and Ethics, Client Expectations, and Your Practice
We named the lecture because of the conflict inherent in the relationships encountered by the lawyer involved in a domestic relations case.
By Melinda Penney Gamot, Palm Beach Gardens & Richard West, Orlando

2. Find at https://www. floridabar
Find at August pages

4. Professionalism
Professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession. It embraces far more than simply complying with the minimal standards of professional conduct. The essential ingredients of professionalism are character, competence, commitment, and civility.
The Florida Bar Standing Committee on Professionalism
Read it

5. Florida Bar Oath of Admission Florida Bar Creed of Professionalism
Florida Bar Professionalism Expectations
The Rules Regulating the Florida Bar
Florida Supreme Court Decisions
these are the five sources that have been integrated to form the Rules of professional conduct. Chapter 4 of the rules is just one of the 5

6. Bounds of Advocacy
Thanks to Nicole Goetz. On its way to EC.

7. RELATIONSHIPS Yourself Client The Florida Bar Opposing Party
Opposing Counsel
The Court
Justice
The Florida Bar
RELATIONSHIPS
Look at yourself first--Character

10. For when the One Great Scorer comes to write against your name He marks not that you won or lost—but how you played the Game.
Sugesting that the Florida Bar is now attuned to the Grantland Rice schoolk
Henry Grantland Rice

11. RELATIONSHIP WITH CLIENT
Competence
Honesty
Confidentiality
Diligence
Communication
Richard-

12. Competence Unconsciously Competent Consciously Competent
Unconsciously Incompetent
Consciously Incompetent
Consciously Competent
Unconsciously Competent
Competence
Richard

13. Honesty
Tell the truth
Melinda--Create reasonable expectations in your client. Don’t promise more than you can deliver. Tell them not only strengths but weaknesses of the case.

14. Confidentiality
I will maintain the confidence and preserve the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval
Oath of Admission
Richard—Train staff, pledge of confidentiality. Secure and cloud storage. Be careful of reply all

15. Diligence
Be on time and prepared
Melinda-Diligence

16. Communicate effectively
Communication
Communicate effectively
Both of us—Lawyers take this for granted. Copy client on everything, almost automatic. Train staff to ask if they have a doubt. Some things should not be relayed until you can do it properly. Educate your client.

17. Who is in charge, you or your client?
Needs no explanation

18. 2-Way Street Client’s duty to us Client’s duty to us Tell the truth
Impaired client
Not paying our fees
Being reasonable
Bad acts
Melinda—Bilateral agreement—If the client dents live up to obligations to us. Affirmative obligation to correct untruths.

19. Duty of Zealous Representation Duty of Professionalism
Balancing Act
Duty of Zealous Representation
Duty of Professionalism
Custody for Leverage
“Starve them out”
Brutalize spouse in deposition
Write a strong letter
Don’t respond to opp. counsel
Don’t agree to early mediation
Don’t agree to set hearings
Don’t agree to anything
Independent Judgment
Dilatory or delay 4-3.2
Expectations 2.2
Polite communication
Respect for time of others
Expectations 4.3 and 4.4
Expectations 6.5
Accede to reasonable requests
melinda

20. RELATIONSHIP WITH OPPOSING COUNSEL Be respectful, polite, and courteous
Richard--Return calls and s. Agree to reasonable requests both substantive and procedural.

22. Be considerate of the time of others

23. RELATIONSHIP WITH OPPOSING PARTY
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times act with dignity, decency, and courtesy.
Creed of Professionalism
I will exercise independent judgment and will not be governed by a client’s ill will or deceit.
To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.
Oath of admission
Civility was added to the Oath in September 2011

24. RELATIONSHIP WITH THE COURT
Maintain the respect due to courts and judicial officers.
Oath
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not improperly permit my silence or inaction to mislead anyone.
Creed
Obligation to correct client lies.

25. RELATIONSHIP WITH JUDICIAL SYSTEM
I revere the law, the judicial system, and the legal profession and will at all times in my professional and private lives uphold the dignity and esteem of each.
Creed

26. RELATIONSHIP WITH THE FLORIDA BAR
Rules of Professional Conduct – Chap 4
Trust Accounting – Chap 5
Advertising – Chap 4-7
Melinda--Supreme Court has routinely increased penalties over the last few years.

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