The Danger of Overzealous AdvocacyMay 19, 2020 | Category: Firm News
The danger of overzealous advocacy was recently highlighted in Aquasol Condo. Ass'n, Inc. v. HSBC Bank USA, No. 3D17-352, 2018 WL 4609002 (Fla. 3d DCA Sept. 26, 2018).
In Aquasol, the court entered an order to show cause against the appellant’s attorney for, among other things, failing to bring to the Court’s attention controlling adverse law (see Florida Rule of Professional Conduct 4-3.3(a)(3)), and for making intemperate comments. For instance, the attorney had written “I refuse to accept the idea that you cannot win when you are right. This is a biblical, spiritual journey for me. I have faith I will be protected because I am acting so clearly within the law and this Honorable Court is not.”
While all attorneys should zealously represent their clients (see Preamble to Florida Rules of Professional Conduct), attorneys should keep in mind they also have duties to the court and to the legal process.