Professionalism.  For young lawyers, by the time you pass the Bar you are most likely well-versed (at least on paper) on the importance of professionalism in the practice of law.  After becoming a member of the Florida Bar, the professionalism inundation continues with CLE’s and bar events dedicated to educating lawyers on the importance of behaving professionally.  But this educational emphasis on professionalism can differ dramatically from many of the day-to-day experiences a young lawyer will quickly encounter.

There are two examples that I have repeatedly dealt with.  The first is receiving a voluminous response at 4:59 p.m. the day before a hearing.  The second is being subjected to deposition antics that include what I would describe as narrative objections (calling them speaking objections does not do them justice).  The stark contrast between what a young lawyer is taught he or she should do, versus what he or she often encounters while practicing, can lead a young lawyer to question whether it is possible to be successful while also behaving professionally.  I have found myself contemplating this question when it seems the lawyer acting unprofessionally has an advantage over the one adhering to the standards of professionalism.   For example, in a case where the opposing lawyer waits until the last minute to file a response to limit my time to prepare for a hearing, am I not at a disadvantage by extending him or her the courtesy of filing my response well in advance of the hearing?  Or, if I attend a deposition with a lawyer who believes in the narrative objection approach, am I not at a disadvantage if I limit myself to the proper non-speaking objections?  In other words, is professionalism worth it?

The short answer is that a lawyer who acts professionally may sometimes lose the battle, but he will win the war.  I have had several highly experienced attorneys tell me that the most important attribute a lawyer has is his or her reputation.  This reputation, and the credibility that comes with it, will be won or lost in the manner in which a lawyer treats his or her clients, colleagues, court employees, and judges.  Although unprofessionalism may not result in immediate ramifications, and often does not, the person on the other end of the unprofessional behavior will remember it.  One day, every lawyer will need the opposing side to show grace, or courtesy.  That opposing side may very well make their decision based on the past conduct of the requesting party, or even on the reputation the requesting party has in the legal community.  When I have been in this situation, I have almost always been willing to work with the attorney who has behaved professionally and have had the same courtesy generally extended to me, as I try to conduct myself in a professional manner.  A judge may not reprimand an attorney for every instance of unprofessionalism.  However, I believe most judges are aware of unprofessional conduct, make note of it, and will remember the manner in which an attorney conducts himself or herself not only directly before the court, but in the case overall.  It may very well be that when the judge is called upon to make a decision that could go either way, the judge may elect to rule in favor of the more professional, and therefore more credible, attorney.

As a result, be professional not only because it is the right thing to do, but because it will, in the end, assist you in becoming the most successful attorney you can be.  Resist the urge to respond to an offensive e-mail with an equally nasty one.  Choose to answer the phone call of the attorney that has been dodging yours.  File your response in a timely manner so the other side has time to prepare for the hearing.  The judge will appreciate actually having time to review what you have filed, and you should be so prepared you do not need to count on the other side’s preparation, or lack thereof, to succeed on your arguments.

Lastly, if you are dealing with a particularly egregious case of unprofessional conduct, do not take it personally and do not take it to heart.  You are not alone.  Do not feel afraid to reach out to another attorney for advice on how to handle the situation.  Sometimes just running your thoughts by someone else will help you find a solution to the problem.  In the end, we are all in this together, as the state of professionalism within the Florida Bar will dictate the working conditions for all of us!

Nicholas T. Zbrzeznj is an Associate with the law firm of Frost Van den Boom, P.A., in Bartow, Florida, where he practices commercial litigation, personal injury, and family law.  Nicholas serves as the elected representative for the Tenth Judicial Circuit on the Florida Bar Young Lawyers Division Board of Governors.