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Jewish World Review June 5, 2012/ 115 Sivan, 5772 Florida Attorneys to Shake Hands with the Devil By Alan Douglas http://www.JewishWorldReview.com | Last week, as a member of the Florida Bar, I received my dues statement, and a letter from Gwynne Young, the President of the Florida Bar, introducing a great, new "opportunity." She wants me to renew my vows, not for marriage, but as an attorney in Florida. Ms. Young was pleased to announce that the Florida Supreme Court revised the mandatory Oath of Admission to the Florida Bar adding the following: "To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications." So the next time you see a photo in the newspaper of a prosecutor reaching across the table to shake hands with a child molester or a murdered they just convicted, please understand that it is all part of the new, improved, campaign for civility in Florida. With all the talk about road rage and the general moral decline of civilization I would like to make my small voice heard. And, as is often the case, my thoughts run counter to current trends. I say… You shouldn't have to shake hands with the devil. In sports or business it helps to start, and end, with a handshake. The ceremony signifies mutual respect. I am not in favor of violence or rudeness; but mandatory hypocrisy rubs me the wrong way. The world would be a better place if there was more honesty when conflicting parties recognized they don't like each other and can even agree to disagree. It is more probable that conflicts will be resolved if they are fully reviewed, rather than painted over with pixie dust. Would you shake hands with Adolph Hitler to for the sake of civility? Civility is not absolute. There are also valid cultural, hygienic, and religious reasons for refusing to extend your hand to another as a gesture of civility. It is a haraam for a Muslim to shake hands with a non-maram woman and there are restrictions on Orthodox men and women touching. Ethically it is wrong to shake hands where there is not mutual acceptance of respect for the other party or for the process. It is counterproductive to dispute resolution. At the same time they are promoting "civility," bar associations and the judiciary, bowing to economic pressure, watered down or eliminated many of the ethical restrictions. Ms. Young laments that "Sometimes in an adversarial system like the one in which we work, good manners, professionalism, and civility get lost in the vigor of winning a case." When the Florida Bar blames society in general or the gusto of lawyers who just get too ambitious working so darn hard for their clients, it is pure baloney. The real cause of their discomfort is a combination of greed and lower ethical standards. This month an attorney from one of America's largest law firms, Le Clair Ryan, was insulted when I refused to shake his hand. In the good old days, people joked about the man who consulted with all the great divorce attorneys in his town so they would have a conflict and couldn't represent his wife. Not anymore. Numerous ethical restrictions have been diluted or eliminated, allowing attorneys and firms greater latitude in representing former and current clients. Different attorneys in the same firm can represent opposing parties now. Gary Le Clair and his firm, Le Clair Ryan, represented me personally and represented companies I owned over the years. When a dispute arose this year related to one of my former companies two other law firms bowed out, citing the ethical conflict. Le Clair Ryan decided, despite my objections, to "go for the gold" and represent the other side. Today's looser ethical standards might allow Le Clair Ryan to proceed but as G. K. Chesterton once observed, "To have a right to do a thing is not at all the same as to be right in doing it." Judges, bar associations, attorneys and law firms are self serving when they prioritize making the legal system operate more smoothly or profitably using "civility" or "advocacy" as pretence for generating fees. Ms. Young's letter quotes United States Supreme Court Justice Anthony Kennedy that, "Civility is an end in itself." I disagree. The rules of Etiquette and the emerging mandate of imposed "civility" are being misused. There are occasions when we each should step aside or speak up. We should refuse to condone what is politically correct, legally permissible, or socially acceptable, but we know is nonetheless, wrong. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment by clicking here. JWR contributor, Alan Douglas, an author, media executive, award winning screenwriter (not produced), and attorney, lives con brio- except when he is grumpy. Previously: Holiday for the fallen and failed Black History Month, Politics, and the Ice Cream Scoop Friends With Benefits Pilgrimages Moneyball, Economics and Medicine Justice, My Aunt, and Gretsky Hurricanes, Earthquakes and Home Depot Glenn Beck, Norway, Hitler and Me D Day: The Ripple Effect What are you paying for? Law, Etiquette and 5 Rules Inspiration Confusing Kindness with Weakness When Katie Couric Got Pulled Off the Air… Don't second guess the deceased Pain and legacies Being in the No The Sixth Sense Dogs in Danger Facebook, LinkedIn and the Zuckerberg Exit Simon Bolivar Would Tell Glenn Beck to, ‘Put A Sock In It’ Children and Grandchildren Swearing, Shoes, and Mark Twain How my poor man's Porsche, Virgil, prepared me for life Leases and Landing Gear The Oscars, Obama and Job Creation Damages and Penalties Obstacles with Impossibilities Making Others Feel Bad Referrals and Recommendations Woodpecker Frustration Phrases, Not Resolutions I Was A Crime Fighter and Super Hero Comforting with Sympathizing Nautical Worry Killers Can You Keep A Secret? Holiday Card Hazards Gifts Sharing, Transparency and Dumping Red Alert Readers Respond Regarding Rabbi Readers: I Need Your Help with my Rabbi Humphrey Bogart and P. T. Barnum on Fighting with Family and Friends Columbus, Honors and Hound Dogs The Free Lunch When your child suffers Conversational Transmitted Diseases Conservative, Liberal or American Paris, Antarctica and Shopping Personal Protection Dispute Resolution Jumped or Pushed? Friends and Acquaintances Revenge and Vindication © 2010 Alan Douglas

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