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Overview of The Florida Bar Discipline
System
Practicing With Professionalism
Objectives for today
The Florida Bar spotlight
Resources available to Florida Bar members
Disciplinary process
Avoiding/Limiting Bar grievances
The Florida Bar Spotlight
Regulates more than 93,000 attorneys
The Florida Bar opened almost 10,000 cases for disciplinary investigation last
year.
350 + Lawyers disciplined last year by Florida Supreme Court
Regulating practice of law accounts for 45% of total annual bar expenditures
Resources Available to Florida Bar Members
Resources Available to Florida Bar Members
Website www.FloridaBar.org
Ethics Opinions Register online Post your CLE online Rules and Rule changes LOMAS forms Attorney/Consumer Assistance
Program
Resources Available to Florida Bar Members
Resources Available to Florida Bar Members
Ethics Hotline 1-800-235-8619 Staffed by licensed Florida attorneys FL Bar members can ask questions or
request informal advisory opinions about the ethical propriety of their own prospective conduct
Monday – Friday (9 am to 5 pm)
Resources Available to Florida Bar Members
LOMAS – Law Office Management Services 1-866-730-2020 Telephone queries are free and
confidential Provides information to promote
effective management techniques for both lawyer and their support staff
Offers assistance in many subject area
Resources Available to Florida Bar Members
Fee Arbitration and Mediation 1-850-561-5719 Free Both parties must agree to attend
Resources Available to Florida Bar Members
Florida Lawyers Assistance, Inc. 1-800-282-8981 Website www.Fla-lap.org Confidentiality assured Assist attorneys with chemical
dependency, compulsive behaviors, and emotional distress
Disciplinary Process
Attorney Consumer Assistance and Intake Screening Process
Telephone Inquires
Written Inquires
ACAP Processing/Intake Process More Lawyer/Public Friendly
Disciplinary Process
Complaint
ACAP/Intake
Branch offices (5)
Grievance CommitteeSimilar to a Grand Jury
Referee Appointed by Chief Judge
Supreme Court of Florida
Dismissal by Bar Counsel
Dismissal by Intake counsel
Dismissed if No Probable Cause
Handles appeals and issues final order
Trial held and makes recommendation to Supreme Court
Board of Governors
Review
Probable Cause Found
Forward case to Grievance Committee
Forward case to Branch Office
Staff Level Investigations Inquiry
Jurisdiction? If true, is it a violation?
Complaint Response requested Rebuttal allowed Analysis of facts
Options Mediation/Fee Arbitration Referral to Grievance Committee Closure
Grievance Committee Process
Investigating Member Assigned
Additional Investigation
Hearing or Review
Grievance Committee Action
Grievance Committee Options No Probable Cause No Probable Cause with Letter of Advice Diversion
Ethics School Trust Accounting Workshop Florida Lawyers Assistance, Inc. Advertising Workshop Professionalism Workshop Stress Management Workshop LOMAS Additional CLE Hours
Minor Misconduct Probable Cause
Supreme Court of Florida Pretrial Process
Complaint Drafting and Filing
Guilty Plea
Appointment of Judicial Review
Discovery (Fla. R. Civ. P.)
Supreme Court of FloridaTrial Process
Complaint & Answer
Final Hearing
Hearing on Sanctions
Report of Referee
Supreme Court Review
Issues Final Order
Appellate Process at Supreme Court
Petition for Review
Burden on appeal
Avoiding/Limiting Bar Grievances
Avoiding/Limiting Bar Grievances
Have a written fee agreement
Supervise your staff
Review your trust account
Communicate with your client
Confirm important conversations with your client in writing
Avoiding/Limiting Bar Grievances (continued)
Conduct conflict checks
Send declination letters
Prepare regular billing statements
Stay current with The Florida Bar Pay dues Do CLE Update address and email
Avoiding/Limiting Bar Grievances (continued)
Ethics Hotline1-800-235-8619
Overview of The Florida Bar Discipline
System
Practicing With Professionalism
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