Wednesday, September 14, 2011

"Cute" Judicial Orders Are Our Problem, Not Theirs

I don't know when they started, the orders from judges requiring warring lawyers to play rock paper scissors, or as of late, attend a weekend class on civility called a "kindergarten party."

Yesterday, lawyers got their revenge and celebrated the leaking of an email to Judge Sam Sparks taking him to task for his recent behavior.

So now lawyers everywhere are saying "see, those orders are bad, wrong, unfair, and bad.

It's always nice when someone like Chief Judge Jones comes in and saves us from ourselves, changing the focus back to the judiciary and away from us.

So I guess now we're vindicated. Now we don't have to worry that when we act like childred that we're going to get called out on it.

I think these orders are an important part of the practice, because it puts on the table (with humor and not sanctions) the level to which some lawyers will sink to represent a client.

I've read many comments from lawyers saying that judges should just sanction these lawyers and stop being funny about it. Two comments on that - much of this childish behavior is just that - childish - but not unethical. The other thing is that I think they are funny and if we can't laugh at ourselves, then looks like judges will just laugh at us.

The Florida Supreme Court is so fed up with our ability to be civil, that they've amended the oath of attorney. This amendment has caused Florida lawyers to ask "am I grandfathered in?"

Some of them are kidding.

Non-anonymous comments welcome. Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. He is the author of I Got A Bar Complaint.Share/Save/Bookmark

1 comment:

Mark Bennett said...

I've read many comments from lawyers saying that judges should just sanction these lawyers and stop being funny about it.
Those would be the same lawyers who say that when you catch another lawyer engaged in sleazy marketing, you should have a quiet word with him.