by Joe Wilhelm Jr.
Staff Writers
Florida Bar President Mayanne Downs is not happy to be a part of the procedure, but she is glad to have a tool in place to help “bring good lawyers that have done something wrong back into the fold.”
The Florida Bar board of governors held its last regular meeting of the year at The Ritz-Carlton at Amelia Island Friday.
At that meeting, as at most regular meetings, lawyers are scheduled to appear before the board to receive public reprimands as ordered by the Florida Supreme Court after being “found to be conducting themselves improperly according to the rules regulating the Florida Bar.”
“I think the members find it to be a dramatic discipline tool,” said Downs.
“Every lawyer who sees a reprimand vows to never be a part of the procedure,” she said.
According to the Rules Regulating the Florida Bar, “Public reprimand is a form of public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer’s right to practice.”
The reprimand becomes part of the lawyer’s record and that history can be obtained at www.flabar.org through the “Find a Lawyer” section.
The procedure begins with a member being brought into the room by Ken Marvin, director of lawyer regulation for The Florida Bar.
The tables were assembled in a circle for the board of governors Friday and the circle was separated into halves by two podiums, with the president on one side and a podium for guest speakers on the other.
The guest speaker podium was removed so that the member receiving the reprimand could be walked into the middle of the circle to face the president.
Once in front of the president, the reprimand ordered by the Supreme Court of Florida was read aloud as about 50 fellow members looked on.
Total public reprimands peaked during the 2007-08 fiscal year at 64 and reached 46 during 2009-10.
“It’s no fun for me,” said Downs. “It allows us to discipline the lawyer and, hopefully, get them to correct the behavior. Most of the time, they are good lawyers that have just gone astray.”
A combination of factors is contributing to an increase in reprimands for The Florida Bar, said Downs, including a tough job market that is causing young lawyers to start their career as solo practitioners without senior partners to lean on for advice and counsel.
Also, the glut of cases arising from the foreclosure crisis is contributing, too.
“We’ve had a substantial amount of bad behavior in the foreclosure area,” said Downs. “The Florida Bar will be launching a foreclosure education program at the beginning of January to help address the problem.”
The Florida Bar also is studying the effect of mentorship on the problem.
“We are looking into whether or not mentorship would be productive,” said Downs. “(Mentorship) really hasn’t taken hold. What works is education and we are working with judges from across the state to develop a foreclosure education program.”
The Florida Bar monthly meetings also include committee and financial reports.
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