by Adam G. Adams III
In November 1998, the 4th Circuit Professionalism Committee adopted a Professional Review Program to encourage compliance with the goals identified in the “Ideals and Standards of Professionalism” promulgated by The Florida Bar, and the Jacksonville Bar Association’s “Professionalism Guidelines.”
The purpose of the program was to create a process in the 4th Judicial Circuit to enhance professionalism among members of the Bar practicing in the circuit. As a starting point, the program recognizes that the Rules Regulating The Florida Bar identify the minimum conduct and ethical standards with which members of the Bar must comply, or be subject to discipline. Conduct which violates the rules regulating The Florida Bar is outside the scope of the Professionalism Review Committee’s mission. Participation in the program is voluntary, discussions are intended to be informal, and the comments and information provided are expected to be educational, constructive, and non-judgmental.
The Professionalism Review Program was implemented in January 1999, by the appointment of five committee members selected by the Jacksonville Bar Association and the two 4th Judicial Circuit representatives to The Florida Bar Board of Governors. The chief judge of the 4th Judicial Circuit (or his designee) serves as the chair of the committee and the five additional appointed committee members are required to include a civil attorney, a transactional attorney, a criminal law attorney, a family attorney and a government attorney.
Currently, with one vacancy, committee members include Paul Perez, Terry Schmidt, Barry Sinoff, and Kathleen O’Malley. Each committee member serves a two-year term, and the terms are staggered so that no more than three committee members rotate off the committee in any given year.
Attorneys interested in referring conduct or disputes for consideration and resolution by the Professionalism Review Committee should contact Diane Gill at the Jacksonville Bar office for a referral form. All referrals must include a specific written description of the conduct in question and be signed by the referring attorney. Judges are also encouraged to refer conduct for consideration by the committee. Upon receipt of a properly executed referral form, the matter will be referred to a member of the committee who will then review the matter and consult with two other committee members to determine what action may be required. If a majority of the three committee members determines that the referral may be resolved informally by a telephone consultation or meeting with the lawyer who is the subject of the referral, the matter may be resolved informally by such means.
If a majority of the three committee members considering a referral determines that the matter should not be resolved informally, the lawyer who is the subject of the referral shall be furnished with a copy of the referral and provided an opportunity to submit a written response. If a majority of the three committee members determines that a referral presents a serious violation of the professionalism guidelines, the matter will be considered by all six members of the committee.
At that time, the committee shall contact the referring lawyer and the lawyer who is the subject of the referral to schedule a formal hearing at which each party shall have the opportunity to attend and present their position. The committee has complete discretion with regard to the procedure for conducting the hearing, which may include a mediation format. Upon conclusion of a formal hearing, the Professionalism Review Committee may issue an oral or written decision which shall be provided to both the referring lawyer and the lawyer subject of the referral. The Committee may in its discretion also refer the offending lawyer to the Jacksonville Bar Association’s Mentorship Program or, in appropriate circumstances, to “Fla. Inc.” for assistance with drug, alcohol, and/or emotional problems.
All participants in the Professional Review Program are required to sign statements acknowledging that all information disclosed during the review process is confidential and should not be disclosed to anyone except other committee members, the referring attorney, or the responding attorney. Participants must also acknowledge that participation in the program is voluntary and intended to be non-punitive, educational, and constructive, and will not result in the imposition of sanctions or discipline.
A written record of the proceeding, including the referral, any response submitted by the responding attorney, and a memo describing the resolution of the referral is maintained by the Jacksonville Bar Association for a period of 60 days. After 60 days, the records are condensed to a central docket identifying the referral file number, the date the referral was made and the manner in which the referral was resolved. The final record does not include the name of any of the parties involved, and any records of the referral and the proceedings before the Committee are destroyed.
Fortunately, we have high professional standards in this circuit, and the committee’s workload to date has not been significant. It is important, however, that the members of our Bar realize that this program is available and utilize it where necessary to resolve professionalism disputes which the attorneys are unable to work out directly between them. The ultimate purpose of the Professionalism Review Committee is to encourage compliance with the professionalism goals which have been adopted by The Florida Bar and the Jacksonville Bar Association.
—Adam G. Adams is an attorney
at Rogers, Towers, Bailey Jones and Gay, P.A.