Module 8 – Ethics and Professionalism/ Professional Expectations/ Civility Flashcards
The 4 C’s of Professionalism
- Character
- Competence
- Commitment
- Civility
Overall Goals:
- Promote Fairness
- Promote Integrity in the profession
- Promote Civility
Fairness
- Accommodating lawyers & clients
- Not manipulating situations to deceive lawyers or the court
- Not taking advantage of inexperience
Integrity
- Honesty
- Purity of motive
- Incorruptibility
- Subordination of personal interest to interests of the greater good
- Values integrated into behavior - “walk the walk”
Civility
- Broader meaning of respect for others
- Includes public & private setting –> dual duty to be officers of the legal system & public citizens
Advocacy v. Civility
- Zealous advocacy does not mean the use of offensive tactics
- You can advocate with civility, respect, & courtesy
- Clients may encourage competitive uncivil behavior but lawyers are charged with a responsibility & duty to be civil towards another and everyone else
- Lawyers are more than just hired guns
Declining civility in the legal profession (7)
- Deliberate misrepresentation of facts
- Not agreeing to reasonable requests for accommodation
- Frivolous lawsuits
- Inflammatory writing in briefs and motions
- Attitude of doing whatever it takes to win
- Incivility among lawyers is described as a pandemic
- Incidents of incivility on internet destroy careers
Why is Civility so important?
- It’s the right thing to do
- Required by the Bar
- Tangible Benefits:
- Job Satisfaction
- Less Stress
- Lower incidents of mental illness & substance abuse
- Easier to resolve matters to the client’s benefits
- Less costs to the client
- Respect from the judicial community / better reputation
- Respect from clients
Consequences of Incivility:
- Disciplinary Proceedings
- Monetary Sanctions
- more difficult to resolve client matters
- increasing cost to client
- undermining public confidence in the justice system
Causes of Lack of Professionalism:
- Competition for clients & fees
- Money making overrides commitment to public service
- Professionalism is becoming commercialism
- Overall lack of civility in society
Response to the Problem
- Attention to professional standards through state bar association
- Attention to professional -standards through law school education of moral & ethical values
Florida Bar Expectations
- Commitment to equal justice under the law and public good
- Honest and effective communication
- Adherence to a fundamental Sense of Honor, Integrity, and Fair Play
- Fair and efficient administration of justice
- Decorum and courtesy
- Respect for time and commitment
- Independence of judgement
Speaker:
Nilo Cuervo
Assistant State Attorney for the 11th Circuit in Miami-Dade County and Adjunct Professor of Constitutional at FIU in the Department of Politics and International Relations. He is also an alumni having graduated from FIU in 2003 as a Business major. He then went on to Law School and graduated Summa Cum Laude from University of The District of Columbia - The David A. Clarke School of Law. Upon graduation, he clerked for Judge Judith Macaluso of the District of Columbia Superior Court (2007 - 2008) before working as an Assistant Attorney General for the District of Columbia from 2008 until 2014 when he joined the State Attorney’s office in Miami-Dade County.
In his capacity as Division Chief for the Homicides/Gun Violence Reduction Initiative unit, Professor Cuervo is faced with many difficult ethical decisions. He will be in class to discuss his journey and the importance of Ethics and Professionalism.
Nilo: First Step of a Case
- head out and investigate (forensics and scene)
- get warrants (do we have probable cause to search the house of who the witness identified the car belonged to)
- witness interviewed and credibility questioned
- Have to be CLEAR about what the witness saw, no room to be vague because that is an ethical violation (make sure it is clear and accurate even if it hurts your case)
Nilo: Ethical Obligations
- have to let the court know of both strengths and weaknesses of your case
- have to have good-faith basis
- have look at the confession tape yourself (YOU are responsible for the evidence and the case)
- once the prosecutor charges, ethical obligations are tighter (can only charge crime where you have a good-faith basis to take to trial)
- Have to file information –> let’s defendant know of the charges against them
- Ethical obligations to turn over all evidence acquired –> even evidence that is helpful to the defense (Brady)
- You have a duty to find information if you suspect it exists
- Prosecutor is responsible for xeroxing evidence over to the defense
Nilo: Brady Defense
- or disclosure; prosecution has to turn over evidence that helps the defense/exonerates the defendant
Nilo: Sentencing
- 1st degree life, 2nd degree 25 yrs-life
- Giving different sentences for cases with similar evidence –> based on race, gender, sexual orientation, is an ethical violation
Nilo: Picking a jury
- Voir dire - process, venire - group of prospective jurors (12 ppl)
- cannot choose based on race, gender, sexual orientation
- Freedom of information request (sunshine law) –> any person has the right to request access to federal agency records or information; provides a right of access to governmental proceedings at both the state and local levels.
Nilo: Repurcussions
- violation discovered –> reversal (do it all again + footnote about you)
- created an injustice
- not get many clients, less money, lose job, damaged reputation
- disbarment
- criminal consequences in extreme cases
Nilo: Proving guilt
Onus on the government to prove defendant guilty not the other way around (defense’s job is to ensure you have a fair trial)
