“We are what we repeatedly do. Excellence, then, is not an act but a habit.” — Aristotle
What is your promise?
Have you ever stopped to consider the promises you made when you took the Oath of Admission to become a member of The Florida Bar, a necessity to practicing our profession in Florida?
The import of this question endures. The reason: The Oath of Admission, to which you solemnly swore, defines the core qualities of the commitment you make to the court, the Bar, and to your fellow colleagues in the profession.
The question of whether you “live out your oath” is also timely. The reason: The Florida Supreme Court recently amended the oath to include an important new provision that each member of our profession is expected to follow.
The Amended Oath
On Sept. 12, a unanimous Supreme Court amended the Oath of Admission to The Florida Bar to include the following provision:
“To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.”
Thus, with this amendment, the core promises made under the oath expressly now include a pledge by each of us to each other to be fair, civil, and a person of integrity.
Perspective
It is poignant that our highest court, known for its great care and deliberation, felt compelled to amend the oath. This amendment to the oath is the first in more than 50 years. That historical fact alone underscores the gravity of the court’s decision to include in our oath a pledge of fairness, civility, and integrity.
The view that civility has declined in our profession is widely held, and, while the purpose of this column is not to examine root causes, it is important that we all become more self-aware.
Some commentators surmise that the decline in civility in our profession parallels the decline in civility in our society. Others have noted decreasing civility in electronic communications — a rapidly expanding mode of communicating. Indeed, USA Today published a story about schools across the country adding lessons on Internet etiquette.
Florida is not alone on this concern. The American Bar Association and other state bars and organizations have taken steps to address declining civility. Oaths of admission to the state bars of Utah, New Mexico and South Carolina have recently been amended to reference civility.
Further, the Code of Professionalism of the American Board of Trial Advocates (ABOTA) includes a pledge to “be respectful in my conduct toward my adversaries.”
What do these words mean to you?
Our oath now expressly provides that we pledge “fairness, integrity, and civility, not only in court, but also in all written and oral communications.”
Importantly, these words represent core values that the court felt compelled to identify. Our challenge is to uphold these values and encourage others to do likewise.
Essays could be written on the broad reach and application of each term. For example, the definition of fairness includes not showing favoritism or bias or putting personal preferences ahead of others. The definition also includes references to courtesy, provision of equal time, and accommodating the burdens of another. There is certainly fairness when adversaries work around scheduling conflicts. What about the circumstance when an older, experienced lawyer does not take advantage of an inexperienced lawyer’s mistake?
Integrity represents a high standard of behavior and of being. As noted by a learned colleague, we often define integrity by describing those qualities of integrity that we admire in others, including honesty, purity of motive, incorruptibility, and subordination of personal interests for the interests of the greater good. The word “integrity” also reflects the complete person, when professed values are integrated into behavior where one’s actions are congruent with one’s stated values.
Likewise, the term “civility” captures broad meanings, from not interrupting another in court or deposition to showing respect for a fellow practitioner and judge, whether in a public or private setting. Does it also include refraining from gossiping about another?
For each or us, the challenge is to reflect on what this new solemn pledge means. In my own thoughts, the words “fairness, integrity, and civility” have both external and internal applications. On one hand, they define how I am to behave and, thus, have an external orientation. On the other hand, should not these words serve to influence me internally as I strive to self-
govern and practice self-restraint?
In a larger sense, perhaps the greatest value in this amendment to our oath is through the exercise of self-examination as we each seek to apply these values in our lives and practices. I urge you to remember Aristotle’s words — “We are what we repeatedly do. Excellence, then, is not an act but a habit.”
Hawkins is scheduled as the keynote speaker to The Jacksonville Bar Association member lunch at noon Jan. 20 at the Hyatt Downtown. For information, call The JBA at 399-4486 or email [email protected].