Killing Them Softly No Ifs, Ands or Blawgs To Drink or Not to
Drink Judges and Lawyers Behaving Badly Carbolic Smokeball
Slide 3
Scene 1 PALM BEACH COUNTY COURTHOUSE
Slide 4
To Tweet or Not to Tweet.. @ROCKNROLL69 says : so fresh and so
clean clean. Ready for trial in front of Judge Bimbo, I mean Judge
G-dawg ;-). #icouldbejudge #moveoverbarbie @LUCKY4DAYZ says: 3
months out of law school, representing friend in capital-murder
trial whats the standard for JOA again?!
#thingsIshouldhavelearnedinlawschool @ROCKNROLL69 says: Court
starts at 8:30 in the morning. Im here, ready to go wheres the
judge? Lint rolling her robe perhaps?! Its not bad enough that when
she finally gets into the courtroom and starts calling up cases
with plea dealsshe lines all the defendants up, gives them the
option to plead guilty, takes those pleas in unison without the
full colloquy and then sets them on their merry way. Lets just
avoid an in-court free-for-all like yesterday. Probably not a good
idea to tell the judge how to do her job, esp in open court! I dont
think she liked my comparison of her courtroom to a circus and her
to a ringmaster/lion-tamer. ;-) #playingdressup #liferuiner
#icoulddobetter
Slide 5
Rules Regulating the Florida Bar 4-3.5(c) a lawyer shall not
engage in conduct intended to disrupt a tribunal. 4-8.2(a) a lawyer
shall not make a statement that the lawyer knows to be false or
with reckless disregard as to its truth or falsity concerning the
qualifications or integrity of a judge, mediator, arbitrator,
adjudicatory officer, or public legal officer. 4-8.4(d) a lawyer
shall not engage in conduct in connection with the practice of law
that is prejudicial to the administration of justice, including to
knowingly or through callous indifference, disparage or humiliate
other lawyers on any basis.
https://www.floridabar.org/divexe/rrtfb.nsf/FV?Openview&Start=1&Expand=4#4
Slide 6
The Infamous Text Message Chain PD: FYI Ur victim was a little
concern as to why you didnt raise the restitution issue until AFTER
the sentence was pronounced! And what was the deal with all those
unreasonable plea offers, 364 dayz in jail for 1st petit theft
offense? ASA: Who is this? PD: Luck ASA: I dont know who gave you
my cell phone number but this is not appropriate means of
contacting me. Delete my number and never contact me via this
number. PD: U provided me ur number in discovery!!! No need to be
such a WITCH. ASA: Well maybe I wouldnt have to be if you could
just get your act together and do your job like a competent person!
Any further contact through this medium will be viewed as
harassment and will be reported to the appropriate
authorities.
Slide 7
First Amendment and Attorney Speech Its Complicated! Attorneys
as Officers of the Court Support for Maintaining Restrictions on
Attorney Speech Attorney Solicitation and Advertising Policy
Reasons for Supporting or Rejecting Attorney Speech Based on the
Interests of the Government, Attorneys, and the Public See Benjamin
Beezy, An Alternative Approach to Evaluating Attorney Speech
Critical of the Judiciary: A Balancing of Court, Attorney, and
Public Interests, 1 UC Irvine L. Rev. 1221 (2011)
Slide 8
Is this real life?! Broward Attorneys Story Judges alleged
behavior- refusing defendants reasonable time to prepare for trial
and then insisting, if they wanted to prepare, that they waive
their constitutional right to a speedy trial Highlights from the
Blog Post l along with several other attorneys, had to endure her
ugly, condescending attitude as one-by-one we all went up to the
podium and noted that our respective clients had just been
arraigned on Oct. 18th as she forced us to decide between saying
ready for trial or need a continuanceEvery atty tried their best to
bring reason to that ctroom, but, as anyone who has been in there
knows, she is clearly unfit for her position and knows not what it
means to be a neutral arbitec Evil, unfair witch (hereinafter
witch) As my case was on recall for 2 hours, I watched this
seemingly mentally ill judge condescend each previous attorney
Judge (not your honor b/c theres nothing honorable about that
malcontent) there seems to be a mistake in this case Arrogant,
discourteous and impatient speech ultimately cost this attorney
$1,200.00, not his Florida Bar License. 09.30.2009
http://jonathanturley.org/2009/09/30/florida-supreme-court-upholds-sanction-against-lawyer-who-called-judge-a-witch-on-a-blog/
Slide 9
Scene 2 1 MONTH EARLIER JUDGE GAVELSONS CHAMBERS
Slide 10
Is this real life?! St. Lucie Attorneys Story well, theme song
(Tune: Gillians Island theme song) Just sit right back and youll
hear a tale, a tale of a fateful trial, That started from this
court in St. Lucie County. The lead prosecutor was a good woman,
the 2nd chair was totally awesome, Six jurors were ready for trial
that day for a four hour trial, a four hour trial. The trial
started easy enough but then became rough. The judge and jury
confused, If not for the courage of the fearless prosecutors, The
trial would be lost, the trial would be lost. The trial started
Tuesday, continued til Wednesday And then Thursday, with Robyn and
Brandon too, The weasel face The gang banger defendant The Judge,
clerk, and Ritzline Here in St. Lucie. So this is the tale of the
trial its going on here for a long, long time, The prosecutors will
have to make the best of things, Its an uphill climb. The New Guy
and Robyn Will do their very best, To make sure justice is served
In the hornets nest. No rules of evidence or professionalism, Not a
single ounce of integrity Like My Cousin Vinny, No ethics involved,
no ethics involved. Margaret M. DiBianca, ETHICAL RISKS ARISING
FROM LAWYERS USE OF (AND REFUSAL TO USE) SOCIAL MEDIA, 12 Delaware
L. Rev. 179 (2011)
Slide 11
Is this real life?! St. Lucie Attorneys Story (continued)
Civility? Improper Trial Publicity? Disruption of Tribunal? You be
the Judge. The story of Florida Assistant State Prosecutor serves
as an example of how a lawyer may violate the prohibition against
trial publicity. At the end of a trial from hell, in which he was
second chair for the State, White posted about the case on his
Facebook page. His post was written as a parody of the theme song
from Gilligans Island and described his own performance during the
trial as totally awesome. At the time White posted the update, the
jury had completed deliberations but had not returned its verdict,
so the risk that the post would materially prejudice the outcome of
the case was not significant. But, unless White actually knew that
deliberations had concluded, his post would seem to violate the
prohibition against trial publicity. Whites boss, the Chief
Assistant State Attorney, was not troubled by the post, and
described it as harmless joking among family and friends who
believed it would remain private. The Chief ASA did emphasize that
the conduct was not a behavior that his office would encourage and
afforded a social-media training moment for lawyers in the states
attorneys office. Margaret M. DiBianca, ETHICAL RISKS ARISING FROM
LAWYERS USE OF (AND REFUSAL TO USE) SOCIAL MEDIA, 12 Delaware L.
Rev. 179 (2011)
Slide 12
JAAB- Broward Countys Blog a moderated site Just one blog
posting on the Broward County judge who had a relationship with
prosecutor handling a capital-murder case over which she was
presiding 4/23/2008 2:31 PM4/23/2008 2:31 PM her boy wrote: SHE HAS
BEEN SCREWING THE ATTORNEYS FOREVER - SHE'S THE COURTHOUSE WHORE.
ASK HER ABOUT HER INVOLVEMENT WITH THE JUDGE CAUGHT WITH HER PANTS
DOWN IN THE BUSHES A FEW YEARS BACK...
https://groups.google.com/forum/#!msg/lawmen/dn2s9t4PBqg/7JD739mUyDIJ
and 04-23-2008- Letter Re: Formal Bar Complaint of Attorney and
Jaablaw Founder
Slide 13
The 411 and Where are They Now? Just one blog posting on the
Broward County judge who had a relationship with prosecutor
handling a capital-murder case over which she was presiding [Judge]
should have known better than to begin a "personal and emotional
relationship" with a prosecutor who was trying a death penalty case
in front of her in 2007, the Florida Supreme Court ruled Thursday.
The court accepted the Florida Bar's recommendation to kick [the
judge] out of the legal profession permanently. "Considering [the
judge's] dishonest conduct and the harm that her actions have
caused to the administration of justice in a capital first-degree
murder case, we conclude that disbarment is the appropriate
sanction," the state's Supreme Court justices wrote in a unanimous
decision. Her resignation came while the Judicial Qualifications
Commission was reviewing the misconduct allegations, and she agreed
never to run for another judgeship. [The] court handed down a
two-year suspension to the prosecutor, now working as a paralegal
in a private firm in Fort Lauderdale. The Florida Bar, [judge] and
[prosecutor]agree on the history of the relationship: The
prosecutor and the judge bumped into each other at a restaurant as
the trial was drawing to a close. In the five months that followed,
the two exchanged 949 cell phone calls and 471 text messages. Their
growing friendship was not disclosed to the defense. 06.05.2014
http://articles.sun-sentinel.com/2014-06-05/news/fl-former-judge-ana-gardiner-disbarred-20140605_1_gardiner-and-
scheinberg-loureiro-trial-loureiro-case
Slide 14
Federal Court Judges Gone WILD (its not just the state courts
or Florida) Nebraska U.S. District Judges Blog Post: She is
brilliant, she writes well, she speaks eloquently, she is zealous
but not overly so, she is always prepared, she treats others,
including her opponents, with civility and respect, she wears very
short skirts and shows lots of her ample chest I especially
appreciate the last two attributes. 7 th Circuit Court of Appeals
Judge on his Hercules and The Umpire Blog post: Following the
hot-button Hobby Lobby decision- Time for the high court to stfu.
The judge included link to the Urban Dictionary definition for
those unfamiliar with the expression: Acronym used for the phrase
shut the f[#$%] up for efficiency reasons.Hobby Lobby 2014
http://www.law360.com/articles/591318/judges-find-their-blogs-come-with-a-short-leash
Slide 15
To be continued .
Slide 16
. Scene 3 INSIDE A DIFFERENT COURTROOM WITH DIFFERENT
JUDGE
Slide 17
RULE 4-3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL (a)
Influencing Decision Maker. A lawyer shall not seek to influence a
judge, juror, prospective juror, or other decision maker except as
permitted by law or the rules of court. (c) Disruption of Tribunal.
A lawyer shall not engage in conduct intended to disrupt a
tribunal.
Slide 18
RE: ACCEPTANCE OF GIFTS A judge shall not accept and shall urge
members of the judges family residing in the judges household not
to accept a gift bequest, favor or loan from anyone except for Code
of Judicial Conduct, Canon 5
Slide 19
RE: MOTION TO DISQUALIFY: A motion to disqualify shall: (1) be
in writing; (2) allege specifically the facts and reasons (3) be
sworn to by the party (4) include the dates of all previously
granted motions to disqualify The attorney for the party shall also
separately certify that the motion and the client's statements are
made in good faith. (d) A motion to disqualify shall show: (1) that
the party fears that he or she will not receive a fair trial or
hearing because of specifically described prejudice or bias of the
judge; or (2) that the judge before whom the case is pending, or
some person related to said judge by consanguinity or affinity
within the third degree, is a party thereto or is interested in the
result thereof, or that said judge is related to an attorney or
counselor of record in the cause by consanguinity or affinity
within the third degree, or that said judge is a material witness
for or against one of the parties to the cause.
Slide 20
A motion to disqualify shall be filed within a reasonable time
not to exceed 10 days after discovery of the facts constituting the
grounds for the motion and shall be promptly presented to the court
for an immediate ruling. Any motion for disqualification made
during a hearing or trial must be based on facts discovered during
the hearing or trial (f) Determination -- Initial Motion. The judge
against whom an initial motion to disqualify under subdivision
(d)(1) is directed shall determine only the legal sufficiency of
the motion and shall not pass on the truth of the facts alleged. If
the motion is legally sufficient, the judge shall immediately enter
an order granting disqualification and proceed no further in the
action. Fla. R. Jud. Admin., Rule 2.330 [note, however, that Fla.
Stat. 38.02 provides that a motion based upon the same grounds as
stated in (d)(2) above shall be filed within 30 days after learning
of the grounds]
Slide 21
the legal sufficiency of a motion to disqualify a trial judge
turns on whether the facts alleged would place a reasonably prudent
person in fear of not receiving a fair and impartial trial;... the
facts underlying the fear must be judged from the perspective of
the moving party. J & J Towing, Inc. v. Stokes, 789 So. 2d
1196, 1198 (Fla. 4th DCA 2001) (allegations that the judge's wife
was represented by a partys counsel in a separate and apparently
pending matter held legally sufficient)
Slide 22
RE: INSTRUCTING NOT TO ANSWER Dr. Freeman indeed should have
answered, and the arrogance of the defense attorney in instructing
the witness not to answer is without legal justification. Nowhere
in the Florida Rules of Civil Procedure is there a provision that
states that an attorney may instruct a witness not to answer a
question. Rule 1.310(d) permits suspension of the deposition
pending ruling on improper examination, and that is the appropriate
procedure to be followed if the objecting attorney has a valid
basis for concluding that an answer to a clearly objectionable
question would be so damaging that even though not permitted at
trial, the information revealed would be devastating beyond repair.
Smith v. Gardy, 569 So. 2d 504, 507 (Fla. 4th DCA 1990)
Slide 23
RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL A lawyer must
not: (b) fabricate evidence, counsel or assist a witness to testify
falsely, or offer an inducement to a witness, except a lawyer may
pay a witness reasonable expenses incurred by the witness in
attending or testifying at proceedings; a reasonable, noncontingent
fee for professional services of an expert witness; and reasonable
compensation to a witness for the time spent preparing for,
attending, or testifying at proceedings; (emphasis added). Comment
The procedure of the adversary system contemplates that the
evidence in a case is to be marshalled competitively by the
contending parties. Fair competition in the adversary system is
secured by prohibitions against destruction or concealment of
evidence, improperly influencing witnesses, obstructive tactics in
discovery procedure, and the like.
Slide 24
RE: COURTROOM DEMEANOR Attorneys should refrain from
criticizing or denigrating opposing counsel, the court/tribunal and
their staff, the parties, and witnesses before clients, the public
and the media; Attorneys should be, and should impress upon their
clients and witnesses the need to be, courteous and respectful and
not rude or disruptive with the court/tribunal, opposing counsel,
parties and witnesses. Attorneys and their staff should act and
speak civilly and respectfully to courtroom deputies and bailiffs,
clerks, court reporters, judicial assistants and law clerks Palm
Beach County Bar Association Standards of Professional Conduct
Slide 25
RULE 4-8.4 MISCONDUCT A lawyer shall not: (d) engage in conduct
in connection with the practice of law that is prejudicial to the
administration of justice, including to knowingly, or through
callous indifference, disparage, humiliate, or discriminate against
litigants, jurors, witnesses, court personnel, or other lawyers on
any basis. (e) state or imply an ability to influence improperly a
government agency or official or to achieve results by means that
violate the Rules of Professional Conduct or other law;
Slide 26
Slide 27
. Scene 4 ATTORNEYS MEET IN A BAR
Slide 28
RULE 4-7.18 DIRECT CONTACT WITH PROSPECTIVE CLIENTS
(a)Solicitation. Except as provided in subdivision (b) of this
rule, a lawyer may not: (1)solicit, or permit employees or agents
of the lawyer to solicit on the lawyer's behalf, professional
employment from a prospective client with whom the lawyer has no
family or prior professional relationship, in person or otherwise,
when a significant motive for the lawyer's doing so is the lawyer's
pecuniary gain. The term "solicit" includes contact in person, by
telephone, telegraph, or facsimile, or by other communication
directed to a specific recipient and includes any written form of
communication, including any electronic mail communication,
directed to a specific recipient and not meeting the requirements
of subdivision (b) of this rule and rules 4- 7.11 through 4-7.17 of
these rules. (2)enter into an agreement for, charge, or collect a
fee for professional employment obtained in violation of this
rule.
Slide 29
The day after meeting Jim beam, Jose Cuervo decides that not
only is this guy (Jim Beam) a good client, but also likely to be
one heck of a referral source. He decides to mail him 20 of his
business cards along with coozee cups to pass out with them.
Knowing Jim beam likes to hang out at the gin mills, he sees this
as a way to help flourish his DUI practice. What issues do you
think that Jose Cuervo might be running afoul of? a.The rule of
thumb that one never sends a coozee cup without a nice cold one to
go along with it. b.Solicitations for business must include a
specfic reference to the fact that the mailing is an advertisement.
c.This process runs afoul of Rule 4-7.18(b)(2)(C) - Statement of
attorney or firm qualifications is required [see guidelines for
both lawyer and firm qualifications] d.Rule 4-7.12(a)(2) All forms
of lawyer advertising must disclose the city, town or county of 1
or more bona fide office locations of the lawyer or lawyers who
will perform the services advertised. The geographic
Slide 30
(b) Written Communication. (2) Written communications to
prospective clients for the purpose of obtaining professional
employment that are not prohibited by subdivision (b)(1) are
subject to the following requirements: (C) Every written
communication must be accompanied by a written statement detailing
the background, training and experience of the lawyer or law firm.
This statement must include information about the specific
experience of the advertising lawyer or law firm in the area or
areas of law for which professional employment is sought. Every
written communication disseminated by a lawyer referral service
must be accompanied by a written statement detailing the
background, training, and experience of each lawyer to whom the
recipient may be referred.
Slide 31
Prior Professional Relationship Persons with whom the lawyer
has a prior professional relationship are exempted from the general
prohibition against direct, in-person solicitation. A prior
professional relationship requires that the lawyer personally had a
direct and continuing relationship with the person in the lawyer's
capacity as a professional Disclosing Where the Lawyer Obtained
Information In addition, the lawyer or law firm should reveal the
source of information used to determine that the recipient has a
potential legal problem. Disclosure of the information source will
help the recipient to understand the extent of knowledge the lawyer
or law firm has regarding the recipient's particular situation and
will avoid misleading the recipient into believing that the lawyer
has particularized knowledge about the recipient's matter if the
lawyer does not. Group or Prepaid Legal Services Plans This rule
would not prohibit a lawyer from contacting representatives of
organizations or groups that may be interested in establishing a
group or prepaid legal plan for its members, insureds,
beneficiaries, or other third parties for the purpose of informing
such entities of the availability of, and details concerning, the
plan or arrangement that the lawyer or the lawyer's law firm is
willing to offer.
Slide 32
. Scene 5 FAST FORWARD TO THE COURTROOM
Slide 33
1.Cuervo is a Criminal Defense attorney, so clearly he has the
technical proficiency required to represent Beam. What possible
problems do you see with Cuervos behavior during the trial? a.He is
likely to get thrown out of the court room for bringing in liquids.
b.He is likely not competent to represent his client due to his
intoxication. c.He is likely unable to diligently represent his
client due to his intoxication. d.Both b. and c.
Slide 34
Pursuant to R.Reg.Fla. Bar 4-1.1, Competence, A lawyer shall
provide competent representation to a client. Competent
representation requires the legal knowledge, skill, thoroughness,
and preparation reasonably necessary for the representation.
Comment to the rule provides, Competent handling of a particular
matter includes inquiry into and analysis of the factual and legal
elements of the problem, and use of methods and procedures meeting
the standards of competent practitioners. It also includes adequate
preparation. The required attention and preparation are determined
in part by what is at stake; major litigation and complex
transactions ordinarily require more extensive treatment than
matters of lesser complexity and consequence. Further Comment
provides, To maintain the requisite knowledge and skill, a lawyer
should keep abreast of changes in the law and its practice, engage
in continuing study and education, and comply with all continuing
legal education requirements to which the lawyer is subject.
Slide 35
Pursuant to R. Reg. Fla. Bar 4-1.3, Diligence, A lawyer shall
act with reasonable diligence and promptness in representing a
client. Comment to the rule provides, A lawyer must act with
commitment and dedication to the interests of the client and with
zeal in advocacy upon the clients behalf. A lawyers workload must
be controlled so that each matter can be handled competently.
Further Comment provides, Unless the relationship is terminated as
provided in R. Reg. Fla. Bar 4- 1.16, a lawyer should carry through
to conclusion all matters undertaken for a client. In a criminal
defense setting, Comment to R. Reg. Fla. Bar 4-6.2 Accepting
Appointments, provides that Good cause exists to [decline
representing a client] if the lawyer could not handle the matter
competently. Also see, J.R. Phelps, What does competent
representation really mean?, Fla. Bar News, March 1, 2002,
http://www.floridabar.org/DIVCOM/JN/JNNews, which stated, Bare
knowledge of the law is not enough to brand a lawyer competent. The
fact that an attorney possesses skills of technical competency to
know the law which applies to a clients problem is of little value
if that knowledge cannot be applied to bring about a tolerable, if
not satisfactory, resolution for the client. Clearly, knowledge of
the law alone is not enough to brand an attorney truly competent.
If, on the other hand, one has the ability ot use and apply the law
leading to a clients solutions, but is unable to produce a work
product that reasonably and economically meets the clients
expectations, one has failed to perform competently and the client
has not been well served.
http://www.floridabar.org/DIVCOM/JN/JNNews
Slide 36
ATTORNEYS DUTY TO REPORT ATTORNEY MISCONDUCT RULE 4-8.3
REPORTING PROFESSIONAL MISCONDUCT (a) Reporting Misconduct of Other
Lawyers. A lawyer who knows that another lawyer has committed a
violation of the Rules of Professional Conduct that raises a
substantial question as to that lawyer's honesty, trustworthiness,
or fitness as a lawyer in other respects shall inform the
appropriate professional authority. Comment: The term "substantial"
refers to the seriousness of the possible offense and not the
quantum of evidence of which the lawyer is aware.
Slide 37
JUDGES DUTY TO REPORT ATTORNEY MISCONDUCT CODE OF JUDICIAL
CONDUCT CANON 3 A Judge Shall Perform the Duties of Judicial Office
Impartially and Diligently D. Disciplinary Responsibilities. (2) A
judge who receives information or has actual knowledge that
substantial likelihood exists that a lawyer has committed a
violation of the Rules Regulating The Florida Bar shall take
appropriate action. Comment: Canon 3D. Appropriate action may
include direct communication with the lawyer who has committed the
violation, other direct action if available, or reporting the
violation to the appropriate authority or other agency.
Slide 38
RULE 4-3.7 LAWYER AS WITNESS (a) When Lawyer May Testify. A
lawyer shall not act as advocate at a trial in which the lawyer is
likely to be a necessary witness on behalf of the client unless:
(1) the testimony relates to an uncontested issue; (2) the
testimony will relate solely to a matter of formality and there is
no reason to believe that substantial evidence will be offered in
opposition to the testimony; (3) the testimony relates to the
nature and value of legal services rendered in the case; or (4)
disqualification of the lawyer would work substantial hardship on
the client. (b) Other Members of Law Firm as Witnesses. A lawyer
may act as advocate in a trial in which another lawyer in the
lawyer's firm is likely to be called as a witness unless precluded
from doing so by rule 4-1.7 or 4-1.9.
Slide 39
Comment To protect the tribunal, subdivision (a) prohibits a
lawyer from simultaneously serving as advocate and necessary
witness except in those circumstances specified. Subdivision (a)(1)
recognizes that if the testimony will be uncontested, the
ambiguities in the dual role are purely theoretical. Subdivisions
(a)(2) and (3) recognize that, where the testimony concerns the
extent and value of legal services rendered in the action in which
the testimony is offered, permitting the lawyers to testify avoids
the need for a second trial with new counsel to resolve that issue.
Moreover, in such a situation the judge has first-hand knowledge of
the matter in issue; hence, there is less dependence on the
adversary process to test the credibility of the testimony. Because
the tribunal is not likely to be misled when a lawyer acts as
advocate in a trial in which another lawyer in the lawyer's firm
will testify as a necessary witness, subdivision (b) permits the
lawyer to do so except in situations involving a conflict of
interest.
Slide 40
What about the Prosecutor talking to a Defendant who is
represented by counsel?
Slide 41
What is the Florida Lawyers Assistance Program? Florida Lawyers
Assistance, Inc. is a non-profit corporation formed in 1986 in
response to the Florida Supreme Courts mandate that a program be
created to identify and offer assistance to bar members who suffer
from substance abuse, mental health, or other disorders which
negatively affect their lives and careers (Bar Rule 2-9.11). FLA is
independent of The Florida Bar, although it does receive funding
from that organization. Paramount to FLA is the protection of
confidentiality for those attorneys who contact FLA for help.
Confidentiality in voluntary cases is protected by a written
contract with The Florida Bar which guarantees the confidentiality
of FLA records, as well as by Bar Rule 3- 7.1(j), Chap.
397.482-486, F.S., and other state and federal regulations. Judges,
attorneys, law students, and support personnel who seek the
assistance of FLA need not worry that FLA will report them to the
Bar, the Board of Bar Examiners, or their employer. Information is
shared with these entities only if the participating individual
signs a waiver of confidentiality. FLAs primary purpose is to
assist the impaired attorney in his or her recovery.