The Board of Governors (BOG) voted at its December 2023 meeting, to approve a Real Property, Probate, and Trust Law Section proposal to remove the words zealous, and its derivatives from the Florida Bar Rules. The proposed amendments would remove the words words from the Preamble to Chapter 4 and the comment to Rule 4-1.3 and add a comment that provides an explanation and historical perspective.
The proposed amendments would remove a sentence in the Preamble stating “As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system” and substitute “As an advocate, a lawyer asserts the client’s position with commitment and dedication to the interests of the client under the rules of the adversary system.” Another sentence in the Preamble: “Zealous advocacy is not inconsistent with justice,” would be changed to “Commitment and dedication in advocacy are not inconsistent with justice.”
A sentence in the comment to Rule 4-1.3 (Diligence), “A lawyer must also act with commitment and dedication to the interests of the client and with zeal and advocacy on the client’s behalf,” would be changed to “A lawyer must also act with commitment and dedication to the interests of the client.”
A proposed new comment would be placed in the Preamble under the subheading “Conduct” and state “All prior references to this chapter to a lawyer’s duty to act zealously, as a zealous advocate, or with zeal upon the client’s behalf have been removed. Zealous advocacy has been invoked in the legal profession as an excuse for unprofessional behavior.” The comment would also refer to a 2000 Supreme Court decision, The Florida Bar v. Buckle, which states, “we must never permit a cloak of purported zealous advocacy to conceal unethical behavior.”
The board approved the Florida Bar rule proposed revisions,24-9 and they will now be filed with the Florida Supreme Court for review and potential implementation.
Bottom line: If the proposed revisions are approved by the Florida Supreme Court, Florida lawyers will be put on notice that unethical conduct under the guise of “zealousness” is a potential violation of the Florida Bar Rules.
Be careful out there.
Disclaimer: this communication is not an advertisement, does not contain any legal advice, does not create an attorney/client relationship, and the comments herein should not be relied upon as legal advice by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2999 Alt. 19, Suite A
Palm Harbor, Florida 34683
Office (727) 799-1688
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