Tuesday, February 15, 2005

Ethics Are Important – Sanctions and Re-training!

Florida Rules for Certified and Court-Appointed Mediators provide for Sanctions:

Rule 10.820(m) Sanctions:

If, after the hearing, a majority of the panel finds that there is clear and convincing evidence to support a violation of the rules, the panel shall impose such sanctions included in rule 10.830 as it deems appropriate and report such action to the center.
Rule 10.830 Sanctions

(a) Generally. The panel may impose one or more of the following sanctions:

(4) Additional training, which may include the observation of mediations.

Mediators are not the only professionals subject to sanctions [but you knew that!]. Read this article in the National Law Journal to learn what one Federal Court judge in California did in ordering an entire law firm of 80 lawyers to return to school for a refresher course on ethics! Just in case you're curious, you can read the entire 83 page opinion in Moser v. Bret Harte Union School District, 2005 U.S. Dist. LEXIS 1057 [USDC E.D. CA 2005] here.

Simply amazing!

Don’t forget to register for my CME program, “Advancing the Profession” – it contains 5 hours of ethics!

To email me, click Perry S. Itkin