A lawyer should not knowingly misstate, distort, or improperly exaggerate any fact or opinion nor permit the lawyer’s silence or inaction to mislead anyone
Sunday, 15 September 2019
(Definition of Professionalism, The Standing
Committee on Professionalism.)
A lawyer is not normally subject to Florida Bar discipline for violating professionalism
expectations, but the Supreme Court has stated that in some cases, unprofessional behavior can
also violate the ethics standards stated in the Florida Rules of Professional Conduct, particularly
Rule 4-8.4(d), which describes lawyer misconduct that is prejudicial to the administration of
justice. In other words, if a lawyer’s unprofessional conduct is sufficiently severe, the lawyer
may subject to discipline under the “ethics” rules, the Florida Rules of Professional Conduct.
There are a number of documents that collect the expectations for lawyer professionalism in
Florida into one “integrated standard.” In its Code for Resolving Professionalism Complaints, the
Florida Supreme Court names the following documents as containing the integrated standards it
has for lawyer professional conduct:
o The Florida Bar Professionalism Expectations;
o The Florida Bar Oath of Professionalism;
o The Florida Bar Creed of Professionalism;
o The Florida Rules Regulating the Florida Bar; and
o The decisions of the Florida Supreme Court.
In its Code for Resolving Professionalism Complaints, the Supreme Court says that “substantial
or repeated violations” of the standards announced in the documents above constitute
“unprofessional conduct.”
Unprofessional conduct as described in these documents that does not rise to the level of a
violation of the Florida Rules of Professional Conduct can be handled through an informal
process described in the Florida Supreme Court’s Code for Resolving Professionalism
Complaints. That process allows any person to initiate a professionalism complaint with The
Florida Bar or with a Local Professionalism Panel. Usually, these Panels are made up of lawyers
in the circuit.
The Bar or a Local Professionalism Panel can resolve Professionalism Complaints informally by
providing remedial guidance, if needed. A Panel cannot discipline a lawyer. Alternatively, if the
complaint cannot be resolved informally, the Bar or the Local Professionalism Panel can refer to
matter to The Florida Bar for an investigation into whether the unprofessional conduct violated
the Florida Rules of Professional Conduct.
Although the Florida Supreme Court does not include other professionalism standards as part of
its process for resolving professionalism complaints, students should be aware that there may be
additional guidelines that come from courts or local bar associations.
Creed of Professionalism
I revere the law, the judicial system, and the legal profession and will at all times
in my professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of
ethics, to the extent that the law permits and will at all times be guided by a
fundamental sense of honor, integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion
and will not improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of
every action and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will
at all times act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling
commitments.
I will exercise independent judgment and will not be governed by a client's ill will
or deceit.
My word is my bond.
Committee on Professionalism.)
A lawyer is not normally subject to Florida Bar discipline for violating professionalism
expectations, but the Supreme Court has stated that in some cases, unprofessional behavior can
also violate the ethics standards stated in the Florida Rules of Professional Conduct, particularly
Rule 4-8.4(d), which describes lawyer misconduct that is prejudicial to the administration of
justice. In other words, if a lawyer’s unprofessional conduct is sufficiently severe, the lawyer
may subject to discipline under the “ethics” rules, the Florida Rules of Professional Conduct.
There are a number of documents that collect the expectations for lawyer professionalism in
Florida into one “integrated standard.” In its Code for Resolving Professionalism Complaints, the
Florida Supreme Court names the following documents as containing the integrated standards it
has for lawyer professional conduct:
o The Florida Bar Professionalism Expectations;
o The Florida Bar Oath of Professionalism;
o The Florida Bar Creed of Professionalism;
o The Florida Rules Regulating the Florida Bar; and
o The decisions of the Florida Supreme Court.
In its Code for Resolving Professionalism Complaints, the Supreme Court says that “substantial
or repeated violations” of the standards announced in the documents above constitute
“unprofessional conduct.”
Unprofessional conduct as described in these documents that does not rise to the level of a
violation of the Florida Rules of Professional Conduct can be handled through an informal
process described in the Florida Supreme Court’s Code for Resolving Professionalism
Complaints. That process allows any person to initiate a professionalism complaint with The
Florida Bar or with a Local Professionalism Panel. Usually, these Panels are made up of lawyers
in the circuit.
The Bar or a Local Professionalism Panel can resolve Professionalism Complaints informally by
providing remedial guidance, if needed. A Panel cannot discipline a lawyer. Alternatively, if the
complaint cannot be resolved informally, the Bar or the Local Professionalism Panel can refer to
matter to The Florida Bar for an investigation into whether the unprofessional conduct violated
the Florida Rules of Professional Conduct.
Although the Florida Supreme Court does not include other professionalism standards as part of
its process for resolving professionalism complaints, students should be aware that there may be
additional guidelines that come from courts or local bar associations.
Creed of Professionalism
I revere the law, the judicial system, and the legal profession and will at all times
in my professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of
ethics, to the extent that the law permits and will at all times be guided by a
fundamental sense of honor, integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion
and will not improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of
every action and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will
at all times act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling
commitments.
I will exercise independent judgment and will not be governed by a client's ill will
or deceit.
My word is my bond.
Friday, 13 September 2019
Claudia Hernandez
Claudia Hernandez,
667498
2714 Middle St
Orlando, FL 32807-6414
United States
Office: 321-202-0328
is our senior Associate Attorney. Ms. Hernandez is a Mexican-American who relocated to Florida in 1999. She is a member of the Florida Bar and was most recently employed by the Department of Children and Families (DCF), Children’s Legal Services, as a Senior Attorney. In this capacity, Ms. Hernandez handled a busy docket advocating on behalf of Florida’s children. She has been the lead attorney in hundreds of child welfare hearings before the Dependency Court.
Representing the State of Florida and prosecuting dependency matters before the Florida Circuit Court, Ms. Hernandez handled the direct and cross examination of expert witnesses, law enforcement and medical professionals, the preparation of witnesses for trial and advocacy before judges in an adversarial process. This work required due consideration be given to the health and well being of the children, the health and well being of their parents and a general assessment of what would be in the “best interest” of the children for which Ms. Hernandez advocated for in the Circuit Court. Ms. Hernandez’s work also involved the provision of legal advice and counsel to the employees and service contract providers working with DCF.
Wayne Starr
Certified Foreign Legal Consultants
Judicial Nominating Commissions
Wayne Starr
Member in Good Standing
Eligible to Practice Law in Florida
Bar Number:
656755
Mail Address:
Wayne Starr P.A.
PO Box 560206
Orlando, FL 32856-0206
United States
Office: 407-228-7280
Cell: 407-228-7280 - No Text Messages
Fax: 407-228-4296
Email:
Personal Bar URL:
https://www.floridabar.org/mybarprofile/656755
Disrupted impartiality of the court...
What is Fraud on the Court? Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnesses
For the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.
If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date.
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