The common quest for professionalism.

• Author: Weidner, Donald J.

The legal professionalism movement in the United States is now almost 20 years old. It is generally traceable to the American Bar Association Commission on Professionalism, which was authorized by the ABA Board of Governors in December 1984, at the urging of then Chief Justice Warren E. Burger. (1) The commission's 1986 report noted that "professionalism" is an elastic concept, and for its essence quoted Roscoe Pound's definition of a profession:

The term refers to a group ... pursuing a learned art as a common calling in the spirit of public service--no less a public service because it may incidentally be a means of livelihood. Pursuit of the learned art in the spirit of a public service is the primary purpose. (2)

The commission's report made specific recommendations for each of the three basic segments of the profession: the practicing bar, the judiciary, and the law schools.

The report also made seven general recommendations that apply to all segments of the profession. It said that all segments of the profession should:

1. Preserve and develop within the profession integrity, competence, fairness, independence, courage and a devotion to the public interest.

2. Resolve to abide by higher standards of conduct than the minimum required by the Code of Professional Responsibility and the Model Rules of Professional Conduct.

3. Increase the participation of lawyers in pro bono activities and help lawyers recognize their obligation to participate.

4. Resist the temptation to make the acquisition of wealth a primary goal of law practice.

5. Encourage innovative methods which simplify and make less expensive the rendering of legal services.

6. Educate the public about legal processes and the legal system.

7. Resolve to employ all the organizational resources necessary in order to assure that the legal profession is effectively self-regulating. (3)

The Florida Bar Board of Governors adopted its Ideals and Goals of Professionalism in 1990, (4) and The Florida Bar's Standing Committee on Professionalism has been quite active since that time. In 1996, The Florida Supreme Court Commission on Professionalism was founded, and it has been my pleasure to have served on the commission since its formation.

The first chair of the Florida Supreme Court commission, Justice Harry Lee Anstead, emphasized that the uniqueness of the commission was that it brought together, in one place, leadership of the bench, the Bar, and the academy. Over the past seven years, the membership of the commission has changed as the leadership of Florida's profession has changed. There have been new justices and other judges, new Bar presidents and other Bar leaders, and new law school deans. Justice Anstead was succeeded as chair by Justice Major Harding, and the current chair of the commission is Justice Raoul Cantero. Despite these changes, the underlying values of the commission remain the same. This essay presents some reflections on the professionalism movement in general, on the work of the commission in particular, and on some steps that have been have taken at the Florida State University law school to advance the cause of professionalism.

A Higher Aspiration

Particularly significant is the ABA commission's second general recommendation: Each lawyer should "[r]esolve to abide by higher standards of conduct than the minimum required by the Code of Professional Responsibility and the Model Rules of Professional Conduct." The Florida Bar standing committee and the Florida Supreme Court commission have embraced this basic goal of professionalism. Professionalism takes up where other legal norms leave off. Professionalism begins only when there is no civil liability, criminal liability, or professional sanction. Professionalism asks us to do more than the bare minimum, and to try to get others to join us.

One might ask whether this is silly--or worse, pompous. Is this talk of professionalism anything more than lawyer posturing? Is it simply another attempt by the bar, especially the organized bar, at a public relations campaign to deflect criticism and defend the professional autonomy of lawyers?

My clear answer to these questions is that it is not silly, not pompous, and not merely lawyer posturing or public relations. I think something much more important is going on. First, I think the discussion of professionalism, certainly to the extent it focuses on civility, reflects a broader movement in our society that is not limited to the legal profession. I see the lawyer professionalism movement in part as a reflection of the larger national concern about the quality of our public discourse. There is a coarsening of the language and of the quality of our discussions of public policy and other issues. Too many of our public discussions are like political food fights--more like verbal professional wrestling matches than thoughtful exchanges of ideas. Second, even focusing solely within the legal profession, I think the professionalism movement is a sincere attempt to make a better world. The professionalism movement is an attempt to influence the culture of the legal profession for the greater good both of lawyers and of the rest of society. The effort now is to make sure that what started as a top-down movement has become a self-sustaining grassroots movement.

Four Recollections and a Burning Bush

I did not become a convert to the professionalism movement until I became part of the Supreme Court commission. I share with you a few of my recollections on the path to conversion, one of which rises to the level of a "burning bush" experience.

First, I recall a conversation with John Frost while he was president-elect of The Florida Bar. John, who made professionalism a major part of his presidency, said that the first place to start thinking about professionalism is the way lawyers treat one another. We need to get our own house in order. We lawyers need to make the practice of law less punishing on one another. That in turn will help us think about improving things for our clients, the courts, and the public. In the years since that conversation with John, I have continued to hear other lawyers say the same basic thing. The way many lawyers treat one another is disgraceful. It is making law...