«[W] e need new professional training and new professional standards to make sure that we have mechanisms to ensure that the average member of our society can have
a reasonable measure of faith in the skills of all the members of these professions.»
Nevertheless, the judge found the appeal panel's test for
measuring potential professional misconduct — that counsel must not impugn their opponents unless they make their allegations in good
faith and on a
reasonable basis — «fails to go far enough to protect the importance
of zealous advocacy.»