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JULY/AUGUST 2015

SPOTLIGHT ON:

PROFESSIONALISM CONCILIATION PANEL

Trouble with Opposing Counsel?

BY BARBARA K. ROMAN COMMITTEE SPOTLIGHT

practice family law. Everyone knows When to call the Panel into play? If a The distinguished Panel members who
that divorce can be an emotional time lawyer or judge believes that the conduct have been appointed to carry out the purpose
for those involved, and that includes of another lawyer has been inconsistent of the Panel are:
the attorneys. As lawyers, our job with the Principles of Professionalism, that • Marvin L. Karp
I is to assist our clients in the most lawyer may call the CMBA Bar Counsel • Deborah A. Coleman
constructive ways so that families can move Heather Zirke at (216) 696-3525. Bar • Frank R. DeSantis
on to their newly defined lives. But, the Counsel makes an initial determination • Barbara K. Roman
divorce process can be tense and filled with whether the matter should be referred to • Karen E. Rubin
obstacles. It is human nature for even the one of the nine Panel members or whether • Niki Z. Schwartz
lawyers to react emotionally getting dragged it constitutes a grievance under the Rules • Adrian D. Thompson
into the quagmire of escalating behaviors. of Professional Conduct (and therefore • Michael N. Ungar
So what happens when the most well- not referred to the Panel). If appropriate • Roger M. Synenberg
intentioned lawyers get caught up in the fervor for the Panel, the information will go to a
of their client’s anger, fear, need for retribution? Panel member and that member will take Why call? The CMBA strongly urges all
Why do some lawyers engage in frivolous it from there. Cuyahoga County lawyers and judges to make
motion practice? Why do some stonewall What happens next? The Panel member use of this unique program and thereby help
through intentional, unnecessary delays? will then contact the complainant to get more improve the level of professionalism for our legal
Why do some pursue claims or defenses that information. Next, the Panel Member contacts community. Our clients and fellow practitioners
lack merit? Why do some hold to an illusion the lawyer who is the subject of the call. The deserve the highest level of professionalism. For
of factual dispute where no genuine dispute identity of the complainant will be given to those who face the dilemma of unprofessional
exists? Why do some behave without civility the lawyer unless circumstances warrant conduct of a colleague, the conciliation panel
in communications, oral and written? Why keeping the identity confidential. If the targeted can be just the ticket to a win-win. Therefore,
do some harass and intimidate? Why do some behavior is inconsistent with the Principles of do not hesitate to call Bar Counsel if you have a
add to the discord by inflaming the dialogue Professionalism, the Panel member may provide situation that you believe can benefit from this
instead of trying to dispel conflict? It is because the lawyer with the applicable professionalism process or if you would like further information.
we get caught up in the emotionality of our principle to encourage and persuade the lawyer
clients and we fail to separate our job and to change his/her conduct. The Panel member
professionalism from the turmoil. We have the may take further necessary steps to resolve Barbara K. Roman is a family law practitioner
power to act appropriately. When we don’t, the the situation through informal discussions, with the law firm of Meyers, Roman, Friedberg
CMBA Professionalism Panel can step in as a counseling, mediation or other action to assist & Lewis. Ms. Roman served as President of the
referee and impartial confidant to offer a viable the lawyer to act in an manner consistent with CMBA in 2011–2012. She has been a CMBA
resolution and get us back on track. the Principles of Professionalism in the future. member since 1992. She can be reached at
The CMBA’s Professionalism Conciliation What is the conciliation process? The (216) 831-0042 or broman@meyersroman.com.
Panel was formed to constructively intervene conciliation process is confidential and
to improve the behavior and demeanor voluntary. The purpose of the conciliation is GET ENGAGED!
of lawyers in Cuyahoga County in their to improve the atmosphere or climate between
interaction with each other and the courts. lawyers and courts through the help of an For information on how to join the
The Panel utilizes the 1997 Ohio Supreme impartial intermediary. For those who have Ethics Committee or any section
Court Statement of Professionalism and participated, the feedback is that it was helpful or committee, contact Samantha
the 2013 Lawyer’s Creed of Professionalism to have someone to turn to for help in getting Pringle at (216) 696-3525 x 2008 or
adopted by the CMBA as the guiding a thorny professionalism issue solved efficiently, springle@clemetrobar.org.
principles for the program. respectfully and privately.
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