Beruflich Dokumente
Kultur Dokumente
1 of 33 DOCUMENTS
Copyright 2010, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
2 of 33 DOCUMENTS
Copyright 2010, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
Courts are set up by the government to settle disputes through legal processes. When people cannot agree about what
may have happened and cannot settle their dispute out of court, it is brought into court. In this way, courts will decide
what really happened and how it should be dealt with.
Courts are important and necessary for a number of reasons. They determine through evidentiary processes whether a
person committed a crime and what his or her punishment should be. Courts also decide private disputes, and
sometimes that decision will affect people other than the individuals who are involved in the lawsuit. The court's
decision may set a precedent for school segregation or the right to wear political attire at schools, for example.
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Persons accused of committing a crime are sent to criminal court. Any action considered to be harmful to society as a
whole, as well as one harmful to an individual, is a crime. A person convicted of a crime may be fined, sent to prison, or
put on probation. The charging document is called an indictment or information. The government prosecutes the case on
behalf of society.
Civil cases are filed by people, individually, as a group, or as a corporate entity. A party files a claim alleging that the
other party failed to carry out a legal duty, or has caused harm against another including but not limited to be physical,
emotional, or financial.
Civil cases not only involve injuries, but also contracts. There are different types of contracts. Some involve real estate
and some involve a promise to do something in return for consideration. These contracts can be enforced in a court of
law.
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These are the people one might expect to see in a federal court, circuit court, or county court proceeding:
The judge presides over the trial from the bench which is an elevated desk. His or her job is to preside over the
proceedings and see that order is maintained. The judge determines what evidence is proper to be introduced at trial. At
the conclusion of the case, the judge instructs the jury on the law that will apply to the case. In a nonjury trial, the judge
must also decide the facts.
The jury is the group of people seated in the boxed-in area on one side of the courtroom. It is called the petit jury,
which consists of a group of citizens who hear the evidence presented by both sides at trial and determine the facts in
dispute. In most civil and criminal cases, the jury will consist of six persons, with one or two alternates. In first-degree
murder cases and civil condemnation cases, a twelve-person jury is required.
The lawyers will sit at counsel tables provided for them in the courtroom. These lawyers will be questioning witnesses
and presenting "argument" to the jury to try to convince them to believe their side of the case.
The parties, if present, will be sitting at the counsel tables with their lawyers.
The witnesses are usually told to remain out of the courtroom until time to testify. To avoid a witness coloring his
testimony by hearing testimony of other witnesses, the rule of sequestration is invoked, called "invoking the rule." The
witnesses are called to testify one at a time and are sworn in as they approach the witness chair. They are then
questioned by both lawyers.
The clerk is usually seated near the judge in the courtroom and assists the judge with marking evidence and exhibits,
and keeps a timetable. The clerk administers the oath to the witnesses.
The court reporter sits near the witness stand and takes a verbatim record on a transcribing machine or other electronic
device. This word-for-word record is made of every trial, but is only transcribed in the event of an appeal or a request
for some other reason by one of the parties.
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5 of 33 DOCUMENTS
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Phone: 202-479-3211
http://www.supremecourtus.gov/index.html
The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be
fixed by Congress. The number of Associate Justices is currently fixed at eight (28 U. S. C. § 1). Power to nominate the
Justices is vested in the President of the United States, and appointments are made with the advice and consent of the
Senate. Article III, § 1, of the Constitution further provides that "[t]he Judges, both of the supreme and inferior Courts,
shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation,
which shall not be diminished during their Continuance in Office."
Court Officers assist the Court in the performance of its functions. They include the Administrative Assistant to the
Chief Justice, the Clerk, the Reporter of Decisions, the Librarian, the Marshal, the Court Counsel, the Curator, the
Director of Data Systems, and the Public Information Officer. The Administrative Assistant is appointed by the Chief
Justice. The Clerk, Reporter of Decisions, Librarian, and Marshal are appointed by the Court. All other Court Officers
are appointed by the Chief Justice in consultation with the Court.
Constitutional Origin. Article III, § 1, of the Constitution provides that "[t]he judicial Power of the United States,
shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and
establish." The Supreme Court of the United States was created in accordance with this provision and by authority of
the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790.
Jurisdiction. According to the Constitution (Art. III, § 2): "The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under
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their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and
maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or
more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of
the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign
States, Citizens or Subjects.
"In all Cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall
make."
Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given
Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the
Supreme Court may be found in 28 U. S. C. § 1251 et seq., and various special statutes.
Rulemaking Power. Congress has from time to time conferred upon the Supreme Court power to prescribe rules of
procedure to be followed by the lower courts of the United States. See 28 U. S. C. § 2071 et seq.
The Building. The Supreme Court is open to the public from 9 a.m. to 4:30 p.m., Monday through Friday. It is closed
Saturdays, Sundays, and the federal legal holidays listed in 5 U. S. C. § 6103. Unless the Court or the Chief Justice
orders otherwise, the Clerk's Office is open from 9 a.m. to 5 p.m., Monday through Friday, except on those holidays.
The Library is open to members of the Bar of the Court, attorneys for the various federal departments and agencies, and
Members of Congress.
The Term. The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in
October of the next year. Approximately 10,000 petitions are filed with the Court in the course of a Term. In addition,
some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice.
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6 of 33 DOCUMENTS
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The United States establishes federal courts to decide disputes that concern the Federal Constitution and statutes, which
are laws passed by Congress. Of all the federal courts, the United States District Courts are the most numerous. There is
at least one district in each state, and many states are divided into more than one district. Congress has divided the
country into 94 federal judicial districts, and in each district there is a federal district court. The breakdown of areas that
are included in each judicial district can be found at 28 U.S.C. §§ 81-131.
The Supreme Court of the United States, in Washington, D.C., is the most famous federal court. If a case is lost in the
court of appeal (or, sometimes, in the state supreme court) the Supreme Court can be asked to hear the appeal. However,
unlike a court of appeal, the Supreme Court does not have to hear it. In fact, the Supreme Court hears only a small
percentage of the cases it is asked to take.
Florida has three federal judicial districts. They are the Northern District, the Middle District, and the Southern District.
The Northern District is divided into four divisions for the purpose of issuing, serving and returning process, and for
the trial and disposition of cases, as follows:
1. The Pensacola division is composed of the following counties: Escambia, Santa Rosa, Okaloosa, and
Walton. All civil cases in which venue properly lies in one of these counties and all criminal cases in
which the offense was committed in any of these counties shall be tried and docketed in Pensacola.
2. The Panama City division is composed of the following counties: Jackson, Holmes, Washington, Bay,
Calhoun, and Gulf. All civil cases in which venue properly lies in one of these counties and all criminal
cases in which the offense was committed in any of these counties shall be tried in Panama City, and
shall be docketed on the Panama City docket; provided, however, that the Panama City docket shall be
kept in Pensacola.
3. The Tallahassee division is composed of the following counties: Leon, Gadsden, Liberty, Franklin,
Wakulla, Jefferson, Taylor, and Madison. All civil cases in which venue properly lies in one of these
counties and all criminal cases in which the offense was committed in any of these counties shall be tried
and docketed in Tallahassee.
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4. The Gainesville division is composed of the following counties: Alachua, Lafayette, Dixie, Gilchrist,
and Levy. All civil cases in which venue properly lies in one of these counties and all criminal cases in
which the offense was committed in any of these counties shall be tried in Gainesville and shall be
docketed on the Gainesville docket; provided, however, that the Gainesville docket shall be kept in
Tallahassee.
1. The Jacksonville division is composed of the following counties: Baker, Bradford, Clay, Columbia,
Duval, Flagler, Hamilton, Nassau, Putnam, St. Johns, Suwannee, and Union. The place of holding court
shall be Jacksonville.
2. The Ocala division is composed of the following counties: Citrus, Lake, Marion, and Sumter. The
place of holding court shall be Ocala; provided, however, the Ocala docket shall be kept and
administered in Jacksonville.
3. The Orlando division is composed of the following counties: Brevard, Orange, Osceola, Seminole, and
Volusia. The place of holding court shall be Orlando.
4. The Tampa division is composed of the following counties: Hardee, Hernando, Hillsborough,
Manatee, Pasco, Pinellas, Polk, and Sarasota. The place of holding court shall be Tampa.
5. The Fort Myers division is composed of the following counties: Charlotte, Collier, DeSoto, Glades,
Hendry, and Lee. The place of holding court shall be Fort Myers, and unless otherwise provided by
general order of court, the Fort Myers docket shall be kept and administered in Tampa.
1. For Dade County and Monroe County, civil actions arising therein and criminal proceedings when the
offense was committed in either county shall be filed at, docketed and returnable to Miami, but tried as
indicated below:
2. For Broward County, civil and criminal proceedings shall be filed at, docketed, returnable to, and tried
at Fort Lauderdale.
3. For Highlands, Indian River, Martin, Okeechobee, Palm Beach and St. Lucie Counties, civil and
criminal proceedings shall be filed at, docketed and returnable to West Palm Beach, but tried as indicated
below:
B. Highlands, Indian River, Martin, Okeechobee, and St. Lucie County actions and
proceedings--Ft. Pierce
The clerk shall mark the docket to identify the place of trial of all actions and proceedings. In any of the above divisions
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of all three districts, upon Order of Court, any proceeding or trial may be conducted at any jury division within that
district.
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7 of 33 DOCUMENTS
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Tampa Division
Sam M. Gibbons U.S. Court-
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house
801 North FL Avenue
Tampa, FL 33602
813-301-5400
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8 of 33 DOCUMENTS
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NORTHERN DISTRICT: Court held in Gainesville, Tallahassee, Panama City, and Pensacola.
MIDDLE DISTRICT: Court held in Ft. Myers, Jacksonville, Ocala, Orlando, and Tampa.
SOUTHERN DISTRICT: Court held in Ft. Lauderdale, Ft. Pierce, Miami, and West Palm Beach.
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9 of 33 DOCUMENTS
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The bankruptcy courts are a division of the federal district courts, and there is presently at least one bankruptcy court in
each state. If the state is divided into more than one judicial district, there are as many courts of bankruptcy as there are
judicial districts. The federal district courts have authority over all proceedings in connection with bankruptcy cases. A
district court may refer proceedings within its jurisdiction to the bankruptcy judge for that district. An appeal from a
final judgment, order, or decree of a bankruptcy judge is taken by filing a notice of appeal with the clerk of the district
court or bankruptcy appellate panel.
Both voluntary and involuntary bankruptcies are started by the filing of a petition. The debtor may voluntarily file the
petition or, under Chapters 7 or 11, a petition for involuntary bankruptcy may be filed against the debtor by three or
more creditors.
A debtor may file for bankruptcy only in the district where his residence, domicile, or principal place of business has
been located for the preceding 180 days or the majority of the preceding 180 days or the district in which there is a
pending case under Title 11 concerning the debtor's affiliate, general partner, or partnership. Voluntary bankruptcies
may be filed under Chapters 7, 9, 11, 12, or 13 as follows:
Chapter 7--Any person, including a corporation, who resides, has a domicile or place of business, or owns property in
the United States may file a bankruptcy petition under Chapter 7. However, railroads, insurance companies, banks,
savings and loan associations (or a similar institution, which is an insured bank as defined by the FDIC) cannot file for
relief under this chapter.
Chapter 9--A municipality that is unable to pay its debts as they mature and that is not prohibited by state law from
proceeding under this chapter is permitted to file under Chapter 9.
Chapter 11--This chapter is primarily designed for business entities, but an individual or entity, except a stockbroker
or a commodity broker, who is entitled to file under Chapter 7, may seek relief under Chapter 11, as may a railroad.
Chapter 12--The only person allowed to file under Chapter 12 is a family farmer with an annual income.
Chapter 13--Relief under Chapter 13 is available to small proprietorships and to an individual (and spouse) with a
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regular income who owes, on the date of filing the petition, unsecured debts of less than $336,900 and secured debts of
less than $1,010,650.00 (as of April 1, 2007.) A stockbroker or a commodity broker may not receive relief under this
chapter.
Florida is divided into three federal districts: Northern District, Middle District, and Southern District. The counties
falling under those districts are as follows:
Northern District: Escambia, Santa Rosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty,
Franklin, Gadsden, Leon, Wakulla, Jefferson, Madison, Taylor, Lafayette, Dixie, Gilchrist, Levy, and Alachua.
Middle District: Hamilton, Suwannee, Columbia, Baker, Union, Bradford, Nassau, Duval, Clay, Putnam, St. Johns,
Flagler, Marion, Volusia, Citrus, Sumter, Lake, Seminole, Hernando, Orange, Brevard, Pasco, Pinellas, Hillsborough,
Polk, Osceola, Manatee, Hardee, Sarasota, Desoto, Charlotte, Glades, Lee, Hendry, and Collier.
Court is held in Fernandina, Ft. Myers, Jacksonville, Live Oak, Ocala, Orlando, St. Petersburg, and Tampa.
Southern District: Indian River, Highlands, Okeechobee, St. Lucie, Martin, Palm Beach, Broward, Monroe, and Dade.
Court is held in Ft. Lauderdale, Ft. Pierce, Key West, Miami, and West Palm Beach.
Bankruptcy clerks' offices for the three federal districts of Florida are:
Northern District: 110 E. Park Avenue, Suite 100
Tallahassee, Florida 32301
(850) 521-5013
http://www.flnb.uscourts.gov/
Southern District: Claude Pepper Federal Building
51 SW 1st Avenue
Miami, Florida 33130
(305) 714-1800
http://www.flsb.uscourts.gov/
Middle District: 801 N. Florida Avenue, Suite 555
Tampa, Florida 33602
(813) 521-5013
http://www.flmb.uscourts.gov/
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10 of 33 DOCUMENTS
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The Florida Supreme Court consists of seven justices who sit in Tallahassee. These justices serve six-year terms.
There are five district courts of appeal, in which the judges serve six-year terms.
The Supreme Court and the courts of appeal are both appellate courts.
There are 20 circuit courts. A different number of judges sit in each of the circuits. The judges in circuit court serve
six-year terms.
There are 67 county courts. At least one county judge presides in each county and these judges serve four-year terms.
The circuit and county courts are trial courts. Circuit courts also have jurisdiction of appeals from county court, as well
as appeals from final administrative orders of local government code enforcement boards.
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The Florida Supreme Court is vested with all the power and authority necessary to carry into complete execution all its
judgments, decrees, and determinations in the matters before it, agreeable to the usage and principles of law.
The marshal of the Supreme Court is empowered to execute process of the Court throughout the state and is the
custodian of the Supreme Court building, its furnishings, and grounds.
The librarian of the Supreme Court is in charge of the Court's library. The library is for the use of Court personnel at
any time. Library hours for the public are from 8:00 a.m. to 5:00 p.m., Monday through Friday.
The Office of the State Courts Administrator has been created by the Court to serve the chief justice in carrying out
his or her responsibilities as chief administrative officer of the Florida judiciary.
The internal auditor reports directly to the chief justice. Among other things, the internal auditor reviews budgetary
requests from court officials, provides budgetary information to the legislature, reviews legislative fiscal notes, assists in
preparing the judicial branch's budget requests, conducts audits within the judicial system, and monitors actions taken
by the Office of the State Courts Administrator.
The reporter of decisions works directly with the chief justice and the clerk's office. The reporter of decisions' duties
are determined and assigned by the chief justice.
http://www.floridasupremecourt.org/justices/index.shtml
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More than 80 women and men have served as Justices of Florida's highest court since it was created upon statehood in
1845 and held its first arguments in 1846.
http://www.floridasupremecourt.org/about/history/index.shtml
The Florida Supreme Court has existed for more than 150 years, spanning two vastly different eras--the time in 1845
when Florida was the least populous Southern state, and today when Florida's population ranks fourth nationwide.
http://www.floridasupremecourt.org/pub_info/system2.shtml
The Florida Supreme Court not only is the highest court in Florida, its Chief Justice oversees the entire State Courts
System. This includes many management functions centralized in Tallahassee in the Office of the State Courts
Administrator, and regulation of The Florida Bar ( http://www.flabar.org/ ).
http://www.floridasupremecourt.org/about/history/seal.shtml
Every court has a seal to mark its documents as official acts of the Judges or Justices. But the Seal of the Supreme Court
of Florida is so old--dating to some time before 1845--that no records remain to explain its exact meaning.
Clerk's Office
Law Library
Marshal's Office
Tallahassee, FL 32399
Website: http://www.floridasupremecourt.org/about/marshal.shtml
Overview
The Supreme Court Marshal is the custodian of the building and grounds of the Supreme Court. This responsibility
includes security, custodianship of all property, building and grounds maintenance, and administration of the building
facilities. Responsibilities include development and execution of the court's operational budget, purchasing,
maintenance contracting, and the provision of telephone communication services. The Marshal is also responsible for
ensuring the execution of all the court's orders throughout the state. The office phone number is (850) 488-8845.
Marshals and their Deputies have served as the instruments of civil authority by courts for over 1200 years. The
Frankish descendant of the Germanic word, *marahskalk, came to designate a high royal official and also a high
military commander. Along with many other Frankish words, *marahskalk was borrowed into Old French by about
800; some centuries later, when the Normans established a French-speaking official class in England, the Old French
word came with them.
In English, marshal is first recorded in 1218, as a surname (still surviving in the spelling Marshall); its first appearance
as a common noun was in 1258, in the sense "high officer of the royal court." The word was also applied to this high
royal official's deputies, who were officers of courts of law, and it continued to designate various officials involved with
courts of law and law enforcement, including the horseback-riding marshals we are familiar with in the old West of the
United States. Particularly in the United States, marshal is used for various kinds of law enforcement officers with
specialist status. They mainly protect the security of the courts and justice system.
In the United States, the first 13 Marshals were appointed by George Washington in 1789. The Marshals and their
Deputies served the subpoenas, summonses, writs, warrants, and other process issued by the courts, made all the arrests,
and handled all the prisoners. They also disbursed the money. The Marshals paid the fees and expenses of the court
clerks, U.S. Attorneys, jurors, and witnesses. They rented the courtrooms and jail space and hired the bailiffs, criers, and
janitors. They made sure the prisoners were present, the jurors were available, and the witnesses were on time.
In 1927, the legislature of Florida granted the Supreme Court of Florida the authority to appoint a Marshal under Article
V of the Constitution of the State of Florida. The Marshal has the power to execute the process of the court throughout
the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.
Just as America has changed over the past two centuries, so, too, the Office of the Marshal has changed dramatically.
Not in its underlying responsibility to enforce the law and execute the orders issued by the court, but in the breadth of
its functions, the professionalism of its personnel, and the sophistication of the technologies employed. These changes
are made apparent by an examination of the contemporary duties of the modern Office of the Marshal.
Ensuring the safe conduct of judicial proceedings and protecting the Justices and other members of the judicial family
are principal functions of the Office of the Marshal. In recent years, there has been a dramatic increase in the number of
threats against members of the judiciary, attorneys, and other court officers. Explicit threats against the judiciary are
assessed by the Office of the Marshal to determine the level of danger. On average, about 100 threats/inappropriate
communications against judicial members are logged each year. Building on operational study of U.S. assassins,
attackers, and near-lethal approaches of public officials, the Office of the Marshal develops a threat assessment and
determines an appropriate protective operation in response to each threat.
Court Security
The Office of the Marshal provides the latest in state-of-the-art protective techniques and equipment in all phases of
court proceedings, threat situations, and judicial conferences--thus ensuring quick and safe responses in emergency
situations as well as unobtrusive surveillance and protection during routine operations. In fulfilling its primary
responsibility of providing security services to the Supreme Court, the Office of the Marshal deploys and coordinates
the installation of complex electronic security systems to protect the Justices, courthouse staff members, visitors and
physical court facilities. This includes perimeter security, access control, closed circuit television surveillance, and
alarm reporting systems.
Emergency Management
During times of state or national emergencies or natural disasters, the Office of the Marshal serves as the State
Coordinating Officer for the emergency management and continuity of operation of the Supreme Court. The Marshal's
Office coordinates the activities of the Court Emergency Management Team.
The Marshal is the custodian of the building and grounds of the Supreme Court, including custodianship of all property,
building and grounds maintenance, and administration of the building facilities. Through its administrative staff, the
Office of the Marshal prepares and manages the budget and inventory of the Supreme Court.
The Facilities and Engineering Division performs building and grounds maintenance, construction management of
capital improvement projects, and mail center management. Built in 1948, the current Supreme Court building is one of
the most historically significant buildings in the state capital, with architecture inspired by Thomas Jefferson. The
Facilities and Engineering staff provide a program of modern upgrades to systems while preserving the historic majesty
and dignity of the building.
Email: http://www.floridasupremecourt.org/oig/index.shtml
The Office of Inspector General (OIG) is an integral part of the State Courts System.
The purpose of the OIG is to provide a central point for coordination of, and responsibility for, activities that promote
accountability, integrity, and efficiency in the State Courts System.
The goal of the OIG is to proactively perform engagements designed to add value and improve the programs and
operations of the State Courts System.
For more information about the OIG and the projects that are planned for the current fiscal year, please see the
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following documents:
Website: http://www.floridasupremecourt.org/pub_info/index.shtml
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First Appellate District: contains the First, Second, Third, Fourth, Eighth, and Fourteenth Circuits.
Second Appellate District: contains the Sixth, Tenth, Twelfth, Thirteenth, and Twentieth Circuits.
Fourth Appellate District: contains the Fifteenth, Seventeenth, and Nineteenth Circuits.
Fifth Appellate District: contains the Fifth, Seventh, Ninth, and Eighteenth Circuits.
District courts of appeal shall review, by appeal, final orders of trial courts not directly reviewable by the supreme court
or a circuit court and non-final orders of circuit courts as indicated by Rule 9.130. They shall also review administrative
action when it is provided for by general law.
Certiorari jurisdiction may be sought to review non-final orders of lower courts other than as indicated by Rule 9.130
and final orders of circuit courts acting in a review capacity.
District courts of appeal may issue writs of mandamus, prohibition, quo warranto, common law certiorari and all other
writs necessary to complete the exercise of the courts' jurisdiction, or any appellate judge may issue writs of habeas
corpus returnable before the court or any judge thereof, or before any circuit judge within the territorial jurisdiction of
the court.
Final orders of the county court which would otherwise be appealed to the circuit court under these rules, but which the
county court has deemed to be of great public importance, may fall under discretionary review by the district court of
appeal, as well as non-final orders deemed to be of great public importance.
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(850) 487-1000
Circuits: 1st, 2nd, 3rd, 4th, 8th, and 14th Circuits
Counties: Alachua, Baker, Bay, Bradford, Calhoun, Clay, Columbia, Dixie,
Duval, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton,
Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison,
Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, Union, Wakulla,
Walton, Washington
Second District Court of Appeal
(305) 229-3200
Circuits: 11th and 16th Circuits
Counties: Dade, Monroe
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(561) 242-2000
Circuits: 15th, 17th, and 19th Circuits
Counties: Broward, Indian River, Okeechobee, Palm Beach, St. Lucie, Martin
Fifth District Court of Appeal
By appeal to the supreme court, final orders of courts imposing sentences of death, and decisions of district courts of
appeal declaring invalid a state statute or a provision of the state constitution are reviewed. By law, the supreme court
reviews final orders entered in proceedings for the validation of bonds or certificates of indebtedness, and actions of
statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.
1. decisions of district courts of appeal that (a) expressly declare valid a state statute; (b) expressly
construe a provision of the state or Federal Constitution; (c) expressly affect a class of constitutional or
state officers; (d) expressly and directly conflict with a decision of another district court of appeal or of
the supreme court on the same question of law; (e) pass upon a question certified to be of great public
importance; or (f) are certified to be in direct conflict with decisions of other district courts of appeal.
2. orders and judgments of trial courts certified by the district court of appeal in which the appeal is
pending to require immediate resolution by the Supreme Court, and (a) to be of great public importance,
or (b) to have a great effect on the proper administration of justice.
3. questions of law certified by the Supreme Court of the United States or a United States Court of
Appeal that are determinative of the cause of action and for which there is no controlling precedent of the
Supreme Court of Florida.
The supreme court has the power to issue writs to state officers and state agencies returnable before the supreme court
or any justice, district court of appeal or any judge thereof, or any circuit judge.
The Supreme Court of Florida is composed of seven justices who serve terms of six years. Two law clerks and one
secretary are available for each justice, with the exception of the chief justice. His staff also includes an executive
assistant, two additional secretaries, an internal auditor and a reporter of decisions. One of the secretaries handles
prisoner correspondence. The chambers are located on the second floor of the Supreme Court building. Permission must
be obtained from one of the justices before anyone is allowed on the second floor.
The chief justice is the administrative officer of the court. He or she is responsible for the dispatch of the court's
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business and is also the chief administrative officer of the Florida judicial system. He or she has the power to make
temporary assignments of retired and active justices and judges to duty on any court for which they are qualified.
The clerk of the supreme court has administrative and clerical responsibilities. The clerk is authorized to appoint a chief
deputy clerk who may discharge the duties of the clerk during the clerk's absence and to appoint such other clerical
assistants as the court may deem necessary. The clerk's office receives all documents filed with the court. Office hours
are 8:00 a.m. to 5:00 p.m., Monday through Friday.
Questions by non-court personnel regarding the court and its work should be directed to the clerk's office rather than to
the office of any justice. Persons desiring information concerning a particular case should direct their inquiries as
follows:
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Circuit courts are located in each of Florida's 20 judicial circuits. Each circuit consists of one or more counties. Circuit
courts have jurisdiction of appeals from county court, as well as appeals from final administrative orders of local
government code enforcement boards.
2. Actions in which the matter in controversy exceeds $15,000, exclusive of interest and costs;
4. In all cases in equity including all cases relating to juveniles except traffic offenses;
5. All felonies and in all misdemeanors arising out of the same circumstances as a felony that is
concurrently charged;
6. All cases involving the legality of tax assessment, in the actions of ejectment, in all actions involving
the titles or boundaries or rights of possession of real property.
The many divisions of the circuit court include: criminal, civil, family, probate, juvenile delinquency, and juvenile
dependency. The circuit court also handles appeals from the county court except those appeals that may be taken to the
district court of appeal.
Each circuit has a court administrator that serves the chief judge of that circuit. These court administrators work under
the State Courts Administrator whose job is to oversee the administrative functioning of the court system in the State of
Florida. Programs designed to assist the court fall under the supervision of this office. These programs include, but are
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1. Law clerks--On October 17, 1986, Chief Justice Parker Lee McDonald signed an Administrative Order establishing
a Law Clerk Pilot Program in the Sixth Circuit. The objectives of the program were to: (a) supplement judicial resources
without creating new judgeships, (b) improve the quality and speed of judicial handling of cases through the provision
of trial court law clerks, (c) evaluate different models of assignment of trial court law clerks, e.g., one law clerk per
judge or one law clerk per several judges, and (d) evaluate the effectiveness of law clerks in handling various types or
levels of research and administrative or case handling functions at the trial court level. Since then, law clerks have been
appointed in all circuits of the State of Florida to assist the judges to whom they are assigned.
A law clerk must have graduated from an accredited law school and become a member in the Florida Bar. He or she
should also have knowledge of legal principles, statutory and case law, court rules and procedures, legal research skills,
comprehensive knowledge of legal publications, and the ability to use them efficiently. The law clerk should also have
the ability to reason logically and analytically to grasp, comprehend, and analyze complex legal issues and complicated
factual details.
He or she should have the ability to perform exacting work, and to be attentive to issues in matters before the court. The
clerk should also have exceptional reading skills, the ability to digest and communicate ideas and concepts orally and in
writing, to exercise discretion, confidentiality, impartiality, and honesty in handling matters before the court and to
work effectively with others.
The chief judge of each circuit has the authority to appoint the law clerks for the circuit. Law clerks may perform legal
research, prepare memoranda of law and proposed orders for the judge's review, as directed by the judge. They may
serve as informal hearing officers for small claims pretrials. They may periodically review the judge's pending docket to
ensure time-standard compliance and may issue notices of noncompliance and/or schedule status conferences with the
judge's approval. Law clerks generally assist the judge with any legal task/project requested by the judge.
2. State of Florida, Guardian ad Litem Program--This program resulted from the Federal Child Abuse and
Treatment Act of 1974. In 1975, the Florida Legislature enacted Florida Statute 827.07, which gave the courts
discretionary authority to appoint guardians ad litem in child abuse proceedings, requiring public defenders to act as
such when appointed. In 1978, it amended the statute to require such appointments in dependency proceedings alleging
child abuse. In 1979, it mandated such appointments in dependency proceedings alleging neglect. In June 1982, this
program was funded as a state program under the Office of the State Courts Administrator.
The guardian ad litem serves as an officer of the court and is appointed through the mechanism FLA. STAT. §§ 415.508
(formerly 827.07), Rule of Juvenile Procedure 8.300, and other related court rules and statutes. Volunteers were found
to perform five major rules: (1) Investigator--conducts interviews; (2) Monitor--being sure agencies provide as they
should and that court orders are carried out; (3) Protector--from insensitive questions; (4) Spokesperson--conveys child's
wishes to agencies and court; (5) Reporter--provides written reports to court.
The office of the State Courts Administrator provides administrative support to the Guardian ad Litem Program. Direct
supervision in each circuit is assigned to its chief judge, and, in turn, to the trial court administrator of each circuit.
Additionally, each circuit program is supervised by a juvenile judge.
3. Alternative Dispute Resolution--The legislature enacted Chapter 44 of the Florida Statutes in December of 1987
and the supreme court adopted the Florida Rules of Civil Procedure, Section 1.700 et seq. in January of 1988. These
rules have been amended several times since adoption.
Chapter 44 provides for court ordered mediation; court ordered, non-binding arbitration; voluntary binding arbitration;
and citizen dispute settlement centers (note: not all circuits adopted citizen dispute settlement centers, it is left to the
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1-Section 1 The Manual for Florida Legal Secretaries 1.14
discretion of the chief judge. Check with your local court administrator to see if this program exists), as an informal
forum for the mediation and settlement of disputes. Also see FRCP 1.700 et seq.
FLA. STAT. §§ 61.183 describes what issues in the family division may be referred to family mediation. Also see FRCP
1.740 for rules to follow on mediation of family matters.
For a listing of the court programs in your area, contact your local court administrator's office.
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The county courts are Florida's trial court of limited jurisdiction. There are 67 county courts with the county boundaries
serving as the territorial jurisdiction. At least one county judge sits in each county, with some counties having more than
one county judge.
In civil matters, county courts have original jurisdiction in all actions of law in which the matter in controversy does not
exceed the sum of $15,000, exclusive of interest and costs, and which is not within the exclusive jurisdiction of the
circuit courts. County court judges also serve as committing magistrates.
County court judges may hear dissolution of marriage actions under the simplified dissolution procedure under Rule
1.611(c), Florida Rules of Civil Procedure.
County court has jurisdiction concurrent with the circuit court to consider landlord-tenant cases involving claims within
its jurisdictional amounts.
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(As of 4-28-08)
ALACHUA COUNTY
BAKER COUNTY
CLERK: AL FRASER
BAY COUNTY
BRADFORD COUNTY
BREVARD COUNTY
BROWARD COUNTY
CALHOUN COUNTY
CHARLOTTE COUNTY
CITRUS COUNTY
CLAY COUNTY
COLLIER COUNTY
COLUMBIA COUNTY
DESOTO COUNTY
DIXIE COUNTY
DUVAL COUNTY
ESCAMBIA COUNTY
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1-Section 1 The Manual for Florida Legal Secretaries 1.16
FLAGLER COUNTY
FRANKLIN COUNTY
GADSDEN COUNTY
GILCHRIST COUNTY
GLADES COUNTY
GULF COUNTY
Address 1000 Cecil G. Costin, Sr. Blvd., Rm. 148, Port St. Joe, FL 32456
Telephone (850) 229-6113
Fax (850) 229-1990
HAMILTON COUNTY
HARDEE COUNTY
HENDRY COUNTY
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1-Section 1 The Manual for Florida Legal Secretaries 1.16
HERNANDO COUNTY
HIGHLANDS COUNTY
HILLSBOROUGH COUNTY
HOLMES COUNTY
JACKSON COUNTY
JEFFERSON COUNTY
LAFAYETTE COUNTY
LAKE COUNTY
LEE COUNTY
LEON COUNTY
LEVY COUNTY
LIBERTY COUNTY
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1-Section 1 The Manual for Florida Legal Secretaries 1.16
MADISON COUNTY
MANATEE COUNTY
MARION COUNTY
SUNCOM 667-3300
MARTIN COUNTY
MIAMI-DADE COUNTY
MONROE COUNTY
NASSAU COUNTY
OKALOOSA COUNTY
OKEECHOBEE COUNTY
ORANGE COUNTY
OSCEOLA COUNTY
PASCO COUNTY
PINELLAS COUNTY
POLK COUNTY
PUTNAM COUNTY
SARASOTA COUNTY
SEMINOLE COUNTY
SUMTER COUNTY
SUWANNEE COUNTY
Address 200 South Ohio Ave./Dr. MLK, Jr. Ave., Live Oak, FL 32064
Telephone (386) 362-0526
Fax (386) 362-0567
Suncom 889-0526
TAYLOR COUNTY
UNION COUNTY
VOLUSIA COUNTY
WAKULLA COUNTY
WALTON COUNTY
WASHINGTON COUNTY
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http://www.flclerks.com/Clerk_webs.html
Glades http://www2.myfloridacounty.com/wps/wcm/connect/gladesclerk
Gulf http://www2.myfloridacounty.com/wps/wcm/connect/gulfclerk
Hamilton ht-
tp://www.myfloridacounty.com/mfcTemplate/view.jsp?countyid=Hamilto
n
Hardee http://www.hardeeclerk.com/
Hendry http://www.hendryclerk.org/
Hernando http://www.clerk.co.hernando.fl.us/
Highlands http://www.hcclerk.org/
Hillsborough http://www.hillsclerk.com/publicweb/home.aspx
Holmes http://www2.myfloridacounty.com/wps/wcm/connect/holmesclerk
Indian River http://www.clerk.indian-river.org/
Jackson http://www2.myfloridacounty.com/wps/wcm/connect/jacksonclerk
Jefferson http://www2.myfloridacounty.com/wps/wcm/connect/jeffersonclerk
Lafayette http://www2.myfloridacounty.com/wps/wcm/connect/lafayetteclerk
Lake http://www.lakecountyclerk.org/
Lee http://www.leeclerk.org/
Leon http://www.clerk.leon.fl.us/
Levy http://www.levyclerk.com/
Liberty http://www2.myfloridacounty.com/wps/wcm/connect/libertyclerk
Madison http://www2.myfloridacounty.com/wps/wcm/connect/madisonclerk
Manatee http://www.manateeclerk.com/
Marion http://www.marioncountyclerk.org/public/
Martin http://clerk-web.martin.fl.us/ClerkWeb/
Nassau http://www.nassauclerk.com/
Okaloosa http://www.clerkofcourts.cc/
Okeechobee http://www.clerk.co.okeechobee.fl.us/
Orange http://www.myorangeclerk.com/
Orange Comptroller http://www.occompt.com/
Osceola http://www.osceolaclerk.com/
Palm Beach http://www.pbcountyclerk.com/
Pasco http://www.pascoclerk.com/
Pinellas ht-
tp://www.pinellasclerk.org/aspInclude2/ASPInclude.asp?pageName=index
.htm
Polk http://www.polkcountyclerk.net/
Putnam http://www1.putnam-fl.com/live/clkmain.asp
St. Johns http://www.clk.co.st-johns.fl.us/index.htm
St. Lucie http://www.slcclerkofcourt.com/
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32424-2288 tp://www.qpublic.net/calhoun/
Charlotte Murdock Admin Center E-mail: rp@ccappraiser.com
18500 Murdock Circle 941-743-1498
Port Charlotte, FL 941-743-1499 FAX
33948-1076 http://www.ccappraiser.com/default.asp
Citrus 210 N Apopka Ave, Ste. E-mail: ccpaweb@mail.pa.citrus.fl.us
200 352-341-6600
Inverness, FL 34450-4294 352-341-6660 FAX
http://www.pa.citrus.fl.us/
Clay P.O. Box 38 E-mail: wweeks@ccpao.com
477 Houston St 904-284-6305
Green Cove Springs, FL 904-284-2923 FAX
32043- http://www.ccpao.com/
0038
Collier 3285 Tamiami Trail East E-mail: sgarrett@collierappraiser.com
Naples, FL 34112-5758 239-252-8141
239-252-2071 FAX
http://www.collierappraiser.com
Columbia 135 NE Hernando Ave, Ste E-mail: coappr@ccpafl.com
238 386-758-2189
Lake City, FL 32025 386-758-2131 FAX
http://appraiser.columbiacountyfla.com/
Miami-Dade 111 NW 1st St, Ste 710 E-mail: pawebmail@miamidade.gov
Miami, FL 33128-1984 305-375-4008
305-375-3024 FAX
http://www.co.miami-dade.fl.us/pa/
DeSoto P. O. Box 311 E-mail: appraiser@desotopa.com
201 E Oak St, Ste 102 863-993-4866
Arcadia, FL 34265-0311 863-993-4869 FAX
http://www.desotopa.com/
Dixie P.O. Box 260 E-mail: dxprop@mail.dms.state.fl.us
Courthouse, Cedar St & 352-498-1212
Barber 352-498-1211 FAX
Ave http://appraiser.dixie.fl.gov/
Cross City, FL
32628-0260
Duval 231 E Forsyth St, Rm. 270 E-mail: paadmin@coj.net
Jacksonville, FL 904-630-2014
32202-3375 904-630-2922 FAX
ht-
tp://www.coj.net/Departments/Property%20Appr
aiser/default.htm
Escambia 221 Palafox Place, Suite E-mail: chris_jones@co.escambia.fl.us
300 850-434-2735
Pensacola, FL 32502 850-435-9526 FAX
c http://www.escpa.org/
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386-294-2462 FAX
Lake P.O. Box 327 http://www.laketax.com
317 W. Main St, 2nd Flr 352-343-9740
Tavares, FL 32778-0327 352-343-9538 FAX
Lee P.O. Box 850 http://www.leetc.com/home.asp
2480 Thompson St., 1st Flr 239-339-6000
Ft. Myers, FL 33902-0850 239-339-6160 FAX
Leon P.O. Box 1835 http://www.leontaxcollector.net
301 S. Monroe Street Rm. 112 850-488-4735
Tallahassee, FL 32302-1835 850-410-2562 FAX
Levy P.O. Box 70 levytax@circuit8.org
365 S. Court St., Rm 202 ht-
Bronson, FL 32621-0070 tp://fl-levy-taxcollector.governmax.com/i
ndex.html
352-486-5174
352-486-5175 FAX
Liberty P.O. Box 400 ht-
10818 NW SR 20 tp://www.qpublic.net/liberty/index-search
Bristol, FL 32321-0400 .html
850-643-2442
850-643-3755 FAX
Madison 229 SW Pickney St., Rm 102 ht-
Madison, FL 32340-2424 tp://www.madisoncountytaxcollector.com
850-973-6136
850-973-3116 FAX
Manatee P.O. Box 25300 http://www.taxcollector.com
819 301 Boulevard West 941-741-4800
Bradenton, FL 34206-5300 941-741-3584 FAX
Marion P.O. Box 970 http://www.mariontax.com
503 S.E. 25th Avenue 352-368-8200
Ocala, FL 34478-0970 352-368-2979 FAX
Martin 3485 SE Willoughby Blvd. http://taxcol.martin.fl.us/ws
Stuart, FL 34994 772-288-5600
772-221-1461 FAX
Monroe P.O. Box 1129 http://www.monroetaxcollector.com
1200 Truman Ave., Ste 101 305-295-5010
Key West, FL 33041-1129 305-295-5022 FAX
Nassau James S. Page Governmental Com- http://www.nassauclerk.
plex org/index.cfm?FuseAction=
96135 Nassau Place, Suite 5 Departments.Home&
Yulee, FL 32097 Department_id=33
904-491-7405
904-261-3336 FAX
Okaloosa 151-C NE Eglin Pkwy http://www.okaloosatax.com
Ft. Walton, FL 32548 850-651-7617
850-651-7609 FAX
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Scope
Preface
Acknowledgments
OFFICE ENVIRONMENT
B. TELEPHONE CALLS:
C. WORK PRODUCT:
CONFIDENTIAL INFORMATION
E. CONSENT:
F. CLIENT DISADVANTAGE:
G. PERSONAL ADVANTAGE:
I. AVOIDING CONFLICTS:
J. DICTATION EQUIPMENT:
ON THE JOB
B. PREVENTING UPL:
D. SUPPORT STAFF SHALL NOT ACT IN MATTERS INVOLVING PROFESSIONAL LEGAL JUDGMENT:
E. CLIENT ASSISTANCE:
G. DELEGATED TASKS:
H. PRIVILEGED COMMUNICATIONS:
K. JUROR CONTACT:
L. FEES:
M. SUBSTANCE ABUSE:
N. DISCRIMINATION:
O. SOLICITATION:
P. EX PARTE COMMUNICATIONS:
PROFESSIONAL ETHICS
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B. CLIENT POSTURING:
E. NEGATIVITY:
PROFESSIONAL COMPETENCE
CHANGING JOBS
A. NO COMPROMISING INFLUENCE:
E. POSSIBLE CONFLICTS
G. CLIENT CONTACT:
Scope
D. SMALL ROCKS:
DEFINITIONS
SOURCES
B. RECOMMENDED WEBSITES:
C. YOUR LIST:
IN CLOSING
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Preface
From the creation of the Declaration of Independence to the dawning of each new day, the freedoms we enjoy have
been and will be governed by the laws of this great nation. The interpretation and enforcement of those laws are steeped
in centuries of practice and tradition. Without the support of the professional ethics embraced by every person working
in the legal field, our laws would not be worth the paper they are written on.
The inspired professionalism, dedication to professional ethics, and warm fellowship that was the memberships of the
St. Petersburg Legal Secretaries Association, the Florida Association of Legal Secretaries, and the National Association
of Legal Secretaries, ''professional ethics'' might have been mere words without true meaning. For many, the excellent
example of associations such as these is the first real contact with professional ethics among peers.
The membership of the Florida Association of Legal Support Specialists, Inc. (''FALSS'') has achieved its lofty goal of
promoting awareness among legal support staff of the principles of professional ethics by offering A Standard of
Professional Ethics For Legal Support Staff for your consideration.
______________________
Note:
Use of any specific gender in any item of this chapter is not intended to offend. The content is intended
to be gender-neutral.
Acknowledgments
I would like to express my gratitude to The Florida Bar and, in particular, to Paul F. Hill, General Counsel; John A.
Boggs, Director of the Bar's Legal Division; Elizabeth Tarbert, the Bar's Ethics Counsel, and Mary Ellen Bateman, the
Bar's UPL Counsel, for their review of A Standard of Professional Ethics For Legal Support Staff. Their
recommendations were all included in the Standard.
A special word of thanks to Dr. Jo Ann Hopkins, attorney, of the applied Ethics Department of St. Petersburg Junior
College, whose excellent seminar on the unlicensed practice of law and professional ethics, sponsored by the St.
Petersburg Association of Legal Support Specialists, planted the seed for A Standard of Professional Ethics for Legal
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1-Section 1A The Manual for Florida Legal Secretaries
Support Staff.
Thanks also to Florida Association of Legal Support Specialists, Inc. (''FALSS'') member Treva McDonald, for sharing
model codes of ethics for paralegal associations with whom she is acquainted; to Melinda M. Goodall, daughter of
FALSS and St. Petersburg Association of Legal Support Specialists (''SPALSS'') member Ginger Goodall, CPS, PLS,
for sharing her paper and research on the ''Code of Ethics of the American Dietetic Association''; and to the St.
Petersburg Bar Association, for sharing seminar materials from their seminar entitled ''Ethics and Beyond: A
Comprehensive Review.''
Finally, heart-felt thanks are extended to the memberships of SPALSS and FALSS, who, by excellent example of
professionalism and dedication to advancement of professional ethics and quality legal education for legal support staff
of the State of Florida, continue to serve the field of law as we begin our journey into the twenty-first century.
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OFFICE ENVIRONMENT
Read this first section of this Standard, then walk around your office and note where changes might need to be made.
This will be your opportunity to note the excellent examples of professional ethics practiced within your own office that
will improve the Standard. You may send your suggestions to FALSS at the address noted on the back cover.
A. THE WAITING AREA: There should be a distance between workstations and the waiting area for clients,
attorneys, salespersons, delivery persons, repairpersons, the media, anyone who frequents the office.
B. TELEPHONE CALLS: Make certain workstations are a comfortable distance from common areas where
clients, attorneys, salespersons, delivery persons, repairpersons, the media, anyone who frequents the office so they will
not be able to overhear what is being said.
1. Protection of hard copy information: To keep anyone walking up to your workstation from seeing
confidential material, turn a page, or give those materials a blank cover sheet.
2. Computer Screen: Use a glare guard for your monitor that makes it impossible for anyone not sitting
directly in front of the screen to see what is on it.
3. Leaving Your Desk: Should you be called away from your desk, even momentarily, do not leave
confidential material on your desk or on your monitor where others might walk up and see it.
4. Using the Office Copier: Do not leave confidential material running unattended on the office copier.
If you must walk away, either leave an authorized person in charge of the job, or stop the job and take
the material with you.
5. Drafts: Confidential material must always be handled carefully. Once a draft has lost its usefulness, it
cannot be left unattended or carelessly discarded. Consult or create an office policy that sets forth the
proper method of disposal for confidential materials.
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CONFIDENTIAL INFORMATION
All confidential information provided by the client or acquired from other sources before, during, and after the course of
the professional relationship must be preserved.
B. CONFIDENTIAL TELEPHONE CALLS: Clients, attorneys, salespersons, delivery persons, repair persons,
the media, anyone who frequents the office should not be made a party to confidential telephone calls originating from
any workstation or office by virtue of being able to overhear what is said. It is a simple matter to close a door.
C. CONFIDENTIAL WORK PRODUCT: Care must be taken to keep clients, attorneys, salespersons, delivery
persons, repair persons, the media, anyone who frequents your workstation from seeing confidential work within your
environment.
D. CONFIDENTIAL CONVERSATIONS WITH THE CLIENT: Whenever you speak with a client on
matters of a confidential nature, you should remove the client from the public environment of the office and afford the
client the privacy required for the conversation.
E. CONSENT: You may reveal confidential information only after full disclosure, with the consent of the
attorney in charge of the file, and with the client's written consent; or, when required by law or court order; or, when
necessary to prevent the client from committing an act that could result in death or serious bodily harm.
F. CLIENT DISADVANTAGE: You must never use confidential information to your client's disadvantage.
G. PERSONAL ADVANTAGE: You may never use confidential information to your own personal advantage or
that of a third person.
H. KEEPING FULLY INFORMED: You must keep the individuals in your office responsible for the legal
representation of a client fully informed of any confidential information you may have pertaining to that client.
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I. AVOIDING CONFLICTS: Do not engage in any communications concerning clients with friends, family, or
others within your office. You can never be certain when a conflict may arise. [See ''ethical wall,'' in Section 8,
''Definitions.'']
J. DICTATION EQUIPMENT: Do not use your hand-held dictation equipment where there is a possibility of
disclosure of confidential material. Remember, others can overhear you. If you have a private office, close the door. If
dictating ''on the run,'' be constantly aware of situations that might compromise the confidentiality of information.
K. USE OF THE SPEAKER PHONE: Do not use the speaker phone unless you have a private office and can
close the door. Private messages are easily overheard in an open office.
L. USE OF THE CELL PHONE: Do not provide confidential information over a cell phone. There are scanners
that will pick up confidential conversations, and information which cannot ethically be shared with outside parties may
be disclosed.
5. Use extra security against theft of notebook computers and the information contained therein.
6. Use extra security against theft of dictation equipment and/or tapes and the information contained
therein.
7. Do not send confidential information over a fax machine if it can be avoided. Overnight delivery is
preferred to maintain confidentiality. If you must fax, be sure ''Confidential'' is stamped on every page
and provide notice of the confidentiality of the document.
8. Never talk about cases in public places, i.e., walking down a common hall, elevators, etc., even with
coworkers. This applies even when you do not use actual names of clients.
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ON THE JOB
The application and interview process of finding that great job you now hold should have made the technical parameters
of your position pretty clear. As involvement in the job progresses, you are given instruction. You know what is
expected. The legal field is unique in that it is as important to know the ethical parameters of your job as well as you
know the technical. Consider the following carefully:
A. UNLICENSED PRACTICE OF LAW (UPL): Support staff must never perform the unlicensed practice of
law and must comply with all applicable legal authority governing the unlicensed practice of law in the jurisdiction in
which you work.
The Florida Bar defines ''UPL'' as: ''the practice of law, as prohibited by statute, court rule, and case law of the State of
Florida.'' [See ''Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law,'' Ch. 10, in the
annual directory of The Florida Bar Journal.] Among the duties defined as UPL are:
1. Accepting cases;
2. Setting fees;
See also Rule 4-5.3,''Responsibilities Regarding Non-Lawyer Assistants,'' from Rules of Professional Conduct, Florida
Bar Association, which states:
''With respect to a non-lawyer employed or retained by or associated with a lawyer: (a) a partner in a
law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable
assurance that the person's conduct is compatible with the professional obligations of the lawyer.''
If you have any doubt as to whether any duty might be considered the unlicensed practice of law, you should consult
your attorney or, absent that option, the proper authority [as defined in Section 8, ''Definitions.'']
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B. PREVENTING UPL: Support staff must assist in preventing the unauthorized practice of law. If you feel you
are being asked to perform UPL, speak with your employer to better define your professional limitations regarding the
work.
C. DUTIES ONLY LAWYERS MAY PERFORM: Support staff may not perform any of the duties that
lawyers only may perform. Whenever in doubt about an assigned responsibility, consult your employer.
E. CLIENT ASSISTANCE: Legal support staff must act reasonably in determining the extent to which a client
may be assisted without the presence of a lawyer. If there is any doubt as to an action, you should consult your
employer.
F. DISCLOSURE OF INFORMATION TO CLIENT: Should a client call upon you to bring him up to date on
his file or give him other privileged information that it is only the attorney's place to give, you must advise him that to
do so would be considered rendering legal advice and that it is a matter he must speak to his attorney about. ''It is in
your best interest'' is a truthful statement that can help to ease you out of the hot seat while keeping you in the good
graces of the client.
G. DELEGATED TASKS: Legal support staff may perform tasks delegated and supervised by a lawyer, so long
as the lawyer is responsible to the client, maintains a direct relationship with the client, and assumes full professional
responsibility for the work product.
H. PRIVILEGED COMMUNICATIONS: It is unethical for support staff to violate any statute now in effect or
hereafter to be enacted controlling privileged communications. It is your duty to protect the confidences of all clients.
You must not discuss the facts of a case with your friends, your family, or others within the office. [See the ''ethical
wall,'' Section 8, ''Definitions.'']
K. JUROR CONTACT: Should your duties bring you to the courthouse when trial is in session, you must at all
times avoid any contact with jurors. They are easily identified by the buttons or badges they wear, which are printed
with the word ''JUROR.'' This falls within the purview of impropriety. You want to avoid even the appearance of
impropriety.
L. FEES: A lawyer or law firm shall not share legal fees with a non-lawyer. For exceptions, see Rule 4-5.4
''Professional Independence of a Lawyer,'' Rules of Professional Conduct, Florida Bar Association.
M. SUBSTANCE ABUSE: Members of legal support staff shall not engage in any form of substance abuse. This
could interfere with judgment in a work environment where good judgment is a critical factor in the proper performance
of your job. Not only is it hazardous to your health, but when revealed, it reflects poorly on the office.
N. DISCRIMINATION: All members of legal support staff shall avoid discrimination against other individuals
on the basis of race, creed, religion, sex, sexual orientation, age, physical impairment, and national origin.
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O. SOLICITATION: Neither an attorney nor his support staff shall solicit professional employment from a
prospective client with whom there is no family or prior professional relationship, in person or otherwise, when a
significant motive for doing so is pecuniary gain.
P. EX PARTE COMMUNICATIONS: You should not engage in any ex parte communications involving the
courts or any other adjudicatory body in an attempt to exert undue influence or to obtain advantage or the benefit of
only one party.
Q. COMMUNICATING WITH OPPOSING PARTIES: You should not communicate, or cause another to
communicate, with a party known to be represented by a lawyer in a pending matter without the prior consent of the
lawyer representing such other party.
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PROFESSIONAL ETHICS
Support Staff are the front line of the office, often the first contact with clients, attorneys, and the court, as well as
people who interact with the office. Support staff outnumber attorneys and officers of the court; therefore, the
professionalism, courtesy, and the professional ethics you practice each day can make the best or worst impression on
the general perception of the legal office. Consider the following:
A. THE IMPORTANCE OF A GOOD ATTITUDE: Professional courtesy would dictate that you do not share
a bad mood with either office personnel or anyone you might come in contact with during the course of your day.
Studies show that one person with a bad attitude can affect the morale of five people around them.
C. USING YOUR PHONE: Your phone is an extension of your office. You spend a large part of your day using
it. The ''face'' you present to clients and the public establishes their impression of the professionalism of your office.
Polish your voicemail skills until they shine.
1. General Guidelines:
d. Give them your name and ask ''How may I assist you?''
e. If you must place a caller on hold, always ask ''Can you hold?'' and wait for a response.
ii. If the party cannot take the call at this time, take the name and phone number of the
caller, assuring them their call will be returned at the earliest possible opportunity.
a. Do not say you are on the phone or away from your desk; callers realize this when they reach your
message. Be polite, be brief, and be clear on your message.
b. If you must be away for an extended period of time, include an appropriate time to call back.
c. In an extended absence, remember to provide an alternate number that can be used for urgent calls.
e. Change your messages regularly so people know when you are in the office or out of town.
3. Leaving a Message:
a. Speak S--L--O--W--L--Y. With area codes and extensions, some messages require writing down as
many as 14 numbers. This can be a challenge if the caller speaks too rapidly.
b. Spell out names if calling for the first time or if the name is unusual.
c. Indicate your name and number at the beginning and again at the end of the message.
d. Leave a brief summary of the message. Is it a question, concern, information for the recipient, or a
call back?
e. If you receive a message, respond with the appropriate action, thus saving time, energy, and repeated
calls.
f. Keep your messages brief. Mailboxes fill up quickly, especially if someone is on a trip.
D. KEEP YOUR OPINION TO YOURSELF: Do not express negative opinions of staff, clients, opposing
counsel, or those with whom you have outside contact in the course of business. As a professional, your opinion is more
highly valued than you may know, and a casual comment could influence a delicate situation unfairly. Hold your
opinion until you are asked for it.
E. NEGATIVITY: Unkind remarks made in anger have no place in the office environment. Always try to make a
positive impression.
F. WHEN TO REPORT IT: When a situation in the office proves intolerable, the correct person, as identified by
office policy or the office policy manual, should be notified. Do not use a bad situation as an opportunity to spread
dissatisfaction and negativity throughout the office. Follow procedure.
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PROFESSIONAL COMPETENCE
It is the duty of legal support staff to work continually to maintain a high degree of competency. Consider the
following:
1. Continuing Legal Education: To keep the legal system viable in a rapidly changing world, you should
keep up to date with current legal, technical, and technological developments. Participate in legal
education in the form of specialized seminars presented by FALSS and other professional associations.
Share the forms and materials you receive at these seminars with the people in your office who were not
able to attend. Your entire office will benefit. Attend classes at local colleges. Indulge yourself by going
to one of those large bookstores with a coffee shop inside. Find personal reading that is not only
entertaining, but will expand your job knowledge.
2. Perform All Assignments Promptly and Efficiently: Make it a personal goal to stay on top of the
workload. If this is not possible, be sure to prioritize your work with the help of the person(s) generating
the work. Then consult with your immediate supervisor, for needed help.
3. Maintenance of a High Level of Personal And Professional Integrity: Each member of the support
staff of a legal office is expected to maintain a high level of professional and personal integrity.
B. TIME AND BILLING RECORDS: It is your duty to ensure that all timekeeping and billing records prepared
are thorough, accurate, honest, and complete.
1. Fraudulent Billing Practices: You should never knowingly engage in fraudulent billing practices.
These practices may include, but are not limited to: inflation of hours billed to a client or employer,
misrepresentation of the nature of tasks performed, and submission of fraudulent expense and
disbursement documentation.
2. Accurate Accounting: You are expected to be scrupulous, thorough and honest in the identification
and maintenance of all funds, securities, and other assets of a client and to provide accurate accounting,
as appropriate.
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3. Contemporaneous Time Records: Keep accurate and contemporaneous time records. This will
provide evidence of work performed on the case.
4. Fraudulent Acts: You may advise the proper authority [see Section 8, ''Definitions''] of
non-confidential knowledge of any dishonest or fraudulent acts by any person pertaining to the handling
of the funds, securities or other assets of a client. The authority to whom the report is made shall depend
on the nature and circumstances of the possible misconduct, (e.g., ethics committees of law firms,
corporations and/or professional associations, local or state bar associations, local prosecutors,
administrative agencies, etc.). Failure to report such knowledge is in itself misconduct.
C. MAINTAIN A HIGH STANDARD OF PROFESSIONAL CONDUCT: Each member of legal support staff
is expected to maintain a high standard of professional conduct, as follows:
1. Respect: Refrain from engaging in any conduct that offends the dignity and decorum of proceedings
before a court or other adjudicatory body and be respectful of all rules and procedures.
2. Conduct Adversely Affecting Fitness to Practice: Avoid impropriety and the appearance of
impropriety and do not engage in any conduct that would adversely affect your fitness to practice. Such
conduct may include, but is not limited to: violence, dishonesty, interference with the administration of
justice, and/or abuse of a professional position or public office.
3. Physical or Mental Illness: Should the fitness to practice of any member of the staff be compromised
by physical or mental illness causing that person to commit an act that is in direct violation of the rules
and/or laws governing the jurisdiction in which that person shall practice, it must be immediately
disclosed to the proper authority along with the nature and circumstances of that illness.
4. Fraud, Deceit, Dishonesty, or Misrepresentation: You should advise the proper authority of
non-confidential knowledge of any action of another legal professional that clearly demonstrates fraud,
deceit, dishonesty, or misrepresentation. The authority to whom the report is made shall depend on the
nature and circumstances of the possible misconduct, (e.g., ethics committees of law firms, corporations
and/or paralegal associations, local or state bar associations, local prosecutors, administrative agencies,
etc.). Failure to report such knowledge is considered misconduct.
5. Acts In Direct Violation: You should not knowingly assist any individual with the commission of an
act that is in direct violation of this Standard and/or the rules and/or laws governing the jurisdiction in
which you practice.
6. Future Criminal Activity: If you possess knowledge of future criminal activity, that knowledge must
be reported to the proper authority immediately.
7. Sexual Misconduct: You should not engage in sexual conduct with a client that exploits the client
relationship.
8. Procrastination and Neglect: These are the quiet thieves of your ethical professionalism. Always stay
on top of your workload. Never neglect a file.
10. Advance the good will and positive image of the legal field: You are charged with the responsibility
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of the image and good will of the legal field. Make advancement of that image an important goal as you
strive for more professional ethics within your environment.
1. Develop Office Procedures: Help to develop and implement office procedures to ensure compliance
with rules and the law.
2. Support and Promote Programs: Sensitivity to the legal needs of the public, and support and
promotion of the development and implementation of programs that address those needs is encouraged of
all support staff.
3. Help Meet the Need: You are encouraged to support bona fide efforts to meet the need for legal
services by those unable to pay reasonable or customary fees; for example, participation in pro bono
projects and volunteer work.
4. Improve the System: Support efforts to improve the legal system and access thereto and assist in
making changes to support those improvements. This is as true in the individual office as in the legal
system as a whole. Anything you can accomplish that improves the office system and improves the
services provided by our office will serve the legal system as a whole.
E. AVOID CONFLICTS OF INTEREST: Legal support staff must avoid conflicts of interest and shall disclose
any possible conflict to the employer or client, as well as to the prospective employers or clients.
1. Compromising Influences: You are charged with acting within the bounds of the law, solely for the
benefit of the client, and must be free of compromising influences and loyalties. Neither your personal or
business interest, nor those of other clients or third persons should compromise your professional
judgment and loyalty to the client.
2. Previous Assignments: You must avoid conflicts of interest that may arise from previous assignments,
whether for a present or past employer or client.
3. Family Relationships, Personal and Business Interests: You must avoid conflicts of interest that may
arise from family relationships and from personal and business interests.
5. Participation in Work Product: You must not participate in or conduct work on any matter where a
conflict of interest has been identified.
6. Ethical Wall: In matters where a conflict of interest has been identified and the client consents to
continued representation, you must comply fully with the implementation and maintenance of an ethical
wall. An ''ethical wall'' is a screening method implemented to protect a client from a conflict of interest
and generally includes, but is not limited to:
a. Prohibiting the member of support staff who would have the conflict from having any
connection with the matter;
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d. Educating all members of the firm, corporation, or entity as to the separation of the
involved individual (both organizationally and physically) from the pending matter.
F. USE OF YOUR TITLE: As a member of the support staff of a legal office, your title shall be fully disclosed.
1. Your Status Within the Office: Your title shall clearly indicate your status within the office and, to
avoid misunderstandings and misconceptions about your role and responsibilities, shall be disclosed in
all business and professional communications.
2. Office Stationery: Your title shall be included if your name appears on business cards, letterhead,
brochures, directories, and advertisements.
3. Fraudulent Impression: You should never use letterhead, business cards or other promotional
materials to create a fraudulent impression of your status or ability to practice in the jurisdiction where
you work.
4. Misrepresentation: You will not practice under color of any record, diploma, or certificate that has
been illegally or fraudulently obtained or issued or which is misrepresentative in any way.
5. Fraudulent Records: You shall never participate in the creation, issuance, or dissemination of
fraudulent records, diplomas, or certificates.
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CHANGING JOBS
Although you change positions, the standard of ethics remains the same. In addition to the previous sections, consider
the special situations involved when changing jobs in the legal field.
A. NO COMPROMISING INFLUENCE: Neither your personal or business interest, nor those of other clients
or third persons, should compromise your professional judgment and loyalty to the clients of your new employer. You
must act within the bounds of the law, solely for the benefit of the client, and must be free of compromising influences
and loyalties.
B. UNETHICAL CONDUCT--YOUR ATTORNEY: It is your obligation to avoid conduct which would cause
the lawyer to be unethical, or even to appear to be unethical. Loyalty to the new employer is crucial for support staff in
the legal field.
C. UNETHICAL CONDUCT--PREVIOUS OFFICE: The confidentiality of each law office must be protected.
You shall not share any information regarding the practices, clients, and/or confidential office procedures of your
former employer with your new employer. You bring with you your professionalism and job capabilities. You are hired
for what you can do, not for what you know about the opposition or their clients.
E. POSSIBLE CONFLICTS
1. Routine Screening: If there is no routine means of screening clients for possible conflicts in your new
office, suggest to your employer that one might be set up. Lacking that option you must be careful to
avoid any conflict of interest.
2. Employer Notification: In the event you identify a conflict of interest or even a possible conflict of
interest, your employer must be notified immediately.
G. CLIENT CONTACT: Your professional contact with clients from previous employers ends with your
employment there. You shall neither contact the client of any former employer to indicate you have changed jobs, nor
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contact the client with the intention of introducing him or her to the office of your new employer.
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After studying the first several sections of A Standard of Professional Ethics For Support Staff, it is suggested that you
read the Oath of Admission taken by attorneys when they are admitted to The Bar and The Florida Bar's Creed of
Professionalism, which follows.
''The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth
in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful
violation to which disbarment may be had.
''I will support the Constitution of the United States and the Constitution of the State of Florida;
''I will maintain the respect due to courts of justice and judicial officers;
''I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except
such as I believe to be honestly debatable under the law of the land;
''I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth
and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
''I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in
connection with their business except from them or with their knowledge and approval;
''I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or
witness, unless required by the justice of the cause with which I am charged;
''I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay
anyone's cause for lucre or malice. So help me God.''
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''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 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.
In an effort to provide legal support staff with the most comprehensive as well as most current information on
professional ethics, and to avoid duplication, FALSS recommends the following additional sources of information,
which have been suggested by The Florida Bar:
D. SMALL ROCKS: Having read the sections of this Standard and reviewed the Florida Bar's Oath and the
Creed, how can we, the support system of these offices, demand any less of ourselves. Do not be the ''small rock'' that
holds back the great wave of professionalism within your own office. Make an ethical difference!
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DEFINITIONS
Increasing your vocabulary a step at a time will make your work more efficient and interesting. As you come across an
unfamiliar term, take the time to look it up. To give you a start, the following are terms used within this Standard which
are defined for you. The root word is defined.
bona fide: made in good faith without fraud or deceit; made with earnest intent; sincere.
code of ethics: a written set of principles, to be used as a guideline for behavior, for those persons
within the specified field.
competency: the demonstration of diligence, education, skill, and mental, emotional, and physical
fitness reasonably necessary for the performance of legal services.
disclosure could be prejudicial; information relating to a client, whatever its source, that is not public
knowledge or available to the public.
derogatory: expressive of a low opinion; detracting from the character or standing of something.
disbar: to expel from the bar or the legal profession; to deprive (an attorney) of legal status and
privileges.
ethic/ethics: the discipline dealing with what is good and bad, and with moral duty and obligation;
the principles of conduct governing an individual or a group; a guiding philosophy.
ethical wall: the screening method implemented in order to protect a client from a conflict of
interest. An ethical wall generally includes, but is not limited to, the following elements:
a. prohibit the paralegal from having any connection with the matter;
d. educate all members of the firm, corporation, or entity as to the separation of the
paralegal (both organizationally and physically) from the pending matter. For more
information regarding the ethical wall, see the NFPA publication entitled ''The Ethical
Wall--Its Application to Paralegals.''
ex parte: actions or communications conducted at the instance and for the benefit of one party only,
and without notice to, or contestation by, any person adversely interested.
intolerable: unbearable.
malice: desire to cause pain, injury, or distress to another; intent to commit an unlawful act or cause
harm without legal justification or excuse.
paralegal: synonymous with ''legal assistant''; defined as a person qualified through education,
training, or work experience to perform substantive legal work that requires knowledge of legal concepts
and is customarily, but not exclusively performed by a lawyer. This person may be retained or employed
by a lawyer, law office, governmental agency, or other entity or may be authorized by administrative,
statutory, or court authority to perform this work.
parameter: any set of physical properties whose values determine the characteristics or behavior of
something; characteristic, element, factor.
pro bono: being, involving, or doing legal work donated, especially for the public good.
proper authority: This term, as used within this Standard could pertain to any of the following, and
shall depend on the nature the circumstances involved: Proper authority could be your immediate
supervisor in the office; ethics committees of law firms, corporations and/or professional associations;
local or state bar associations; local prosecutors; administrative agencies; or The Florida Bar. Also
consider addressing a delicate situation to the Board of FALSS, Inc., or committee of the local bar
association(s); the local prosecutor; administrative agency; or other tribunal empowered to investigate or
act upon an instance of alleged misconduct. Although The Florida Bar Ethics Committee is primarily for
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the use of attorneys, they often address questions of a general nature for non-lawyers.
scanners: one that scans [as used in this Standard, capable of scanning, or overhearing, cell phone
conversations].
scrupulous: having moral integrity; acting in strict regard for what is considered right or proper.
sensitive: highly responsive or susceptible; calling for tact, care, or caution in treatment.
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SOURCES
The following sources were used in the preparation of this Standard. To increase your knowledge in the area of
professionalism and professional ethics, it is suggested that you review not only these sources, but add to them sources
of your own.
Please share information with FALSS, Inc., that you feel will enhance this Standard and the professionalism and
professional ethics of the membership of FALSS and support staff in the State of Florida.
The Florida Bar, The Florida Bar Journal, annual directory issue, The Florida Bar. Sept. 1999
Goodall, Melinda, ''Code of Ethics of the American Dietetic Association,'' Rpt. for Applied Ethics PHI 1603 class, Oct.
1998.
Hopkins, Dr. Jo Ann, Esquire, Applied Ethics Department of St. Petersburg Jr. College. [Untitled ] seminar on the
unlicensed practice of law and professional ethics, sponsored by the St. Petersburg Association of Legal Support
Specialists, Spring 1999.
Merriam-Webster, Inc., Merriam-Webster's Collegiate Dictionary, Tenth Edition. Merriam-Webster, Inc. (1993).
National Association of Legal Assistants, Inc., ''The NALA Code of Ethics And Professional Responsibility,'' adopted
May, 1975, as revised November 1979 and September 1988.
National Federation of Paralegal Associations, Inc., ''The National Federation of Paralegal Associations, Inc., Model
Code of Ethics and Professional Responsibility and Guidelines For Enforcement,'' accessed via Internet, August 24,
1998, at: hitp://www.paralegals.org/Development/modelcode.html
B. RECOMMENDED WEBSITES:
http://www.flabar.org
http://www.abanet.org
http://www.paralegal.org
http://www.nala.org
C. YOUR LIST:
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IN CLOSING
The importance of adherence to a standard of professional ethics cannot be overemphasized. Where you see a standard
of professional ethics observed, there will be increased awareness of professionalism, respect for the law, and the
satisfaction of a job well done. Learn more about professional ethics and professionalism by observing people whose
work ethic you respect. Discover what makes these people special. Then learn to emulate those qualities.
The Members of the Florida Association of Legal Support Specialists, Inc. (''FALSS''), come to the law with varying
degrees of education, and from a variety of backgrounds and life experiences. Their diversity and dedication to purpose
promotes growth, development, professionalism, and dedication to the continuing education of the professionals who
form the basic structure of each office in the field of law.
Through membership in FALSS and corresponding local chapter associations, your input can make a difference. To join
FALSS, contact us through the board members listed in the website shown on the back of this booklet. They will be
happy to supply contacts in your area. Then talk your friends into joining. Those most concerned with good job
performance benefit greatly from membership. Share your valuable input and experience with a group of peers who
want to hear what you have to say.
Looking for specifics in legal education? Let FALSS know where your interests lie, and your voice will be heard...and
at an affordable price. Your employer will be happy to pay for a membership that provides seminars that can benefit the
entire office. Know the empowerment of a high order of achievement: Join the Florida Association of Legal Support
Specialists.
This Standard is offered as a general guide. Use it to create an awareness of the tenets embraced in it. Always strive to
be the best that you can be, and remember that energy spent developing strong professional ethics will have a positive
effect on your career.