YOUNG LAWYERS Column

For lucre or malice . . . living the Oath


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  • | 12:00 p.m. May 17, 2004
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by Tammy D. Butler

I would like to begin this article by applauding the Jacksonville Area Legal Aid (JALA) on its first annual Breakfast of Champions. Not only was the Breakfast of Champions a huge success, but it was at the breakfast that I received the inspiration for this article.

During the breakfast, JALA was commended for doing what all attorneys take an oath to do, “to never reject, from any consideration personal to (himself or herself), the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice.” As I listened to these words, nodding in agreement, a few thoughts came to mind, one thought in particular lingered . . . the Oath of Admission to The Florida Bar.

The oath, the general principles that govern lawyers in the practice of the legal profession, the principles I, with my right hand raised, so anxiously and proudly recited in front of Justice Raymond Erhlich upon my admission to the Bar. The same oath that I only think (and I use that term loosely) about once a year as I repeat it at the Young Lawyer’s annual luncheon. The same oath that I, as I sat there contemplating, could not remember.

The more I thought about the oath, the more I realized how easy it is for us, as lawyers, to get caught up in our day to day routines and develop a kind of tunnel vision. How easy it is, amidst the depositions, hearings, trials, closings, arbitrations, telephone conferences, e-mails, faxes and billable hours, to lose sight of the big picture. How easy it is to forget what it means to be a member of the legal profession.

As attorneys, we have a tremendous professional responsibility. Not only are we advisors, advocates, negotiators and intermediaries for our clients, but we are also public citizens with a special responsibility to our community as well as ambassadors for our profession. As public citizens, we are responsible for improving the quality of the legal system and its accessibility by all citizens. Further, we as public citizens are responsible for enhancing our community and its citizens. It is our duty to act as mentors and civic leaders and to become involved in the community through such activities as providing pro bono legal services, serving as directors for not-for-profit organizations, mentoring students, and educating the public on legal processes.

As ambassadors for our profession we are responsible for the image of our profession. It is our duty to exemplify the honor and dignity of the legal profession by practicing with professionalism and showing respect to the judiciary, our colleagues and our clients. And as a result, we gain the trust and respect of the citizens we serve.

Our profession and the legal system are judged by our actions. I would like to urge all attorneys, especially the young lawyers, periodically to read the Oath of Admission to The Florida Bar so that we don’t lose sight of the foundation on which our profession is based. Reading the oath will remind us that what we do is not just job, it’s a profession. Our profession historically has been regarded as one of the most noble professions, but is now one in which its members are viewed by many with distrust and contempt. It is our duty, as young lawyers, to rebuild the prestige of our profession. We must not only serve our clients, but also serve our community. It is our duty to be civic leaders and goodwill ambassadors for our profession.

Oath of Admission to The Florida Bar

The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful violation to which disbarment may be had.

I do solemnly swear:

I will support the Constitution of the United States and the Constitution of the State of Florida;

I will maintain the respect due to courts of justice and judicial officers;

I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval;

I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice.

So help me God.

 

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