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Practicing With Professionalism
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The Florida Bar spotlight
Avoiding, limiting, and mitigating Bar grievances
Mandatory Reporting
Disciplinary process
Resources available to Florida Bar members
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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
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Have a written fee agreement
Supervise your staff
Review your trust account
Communicate with your client
Confirm important conversations with your client in writing
Proceed with caution with social media
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Conduct conflict checks
Send declination letters
Prepare regular billing statements
Stay current with The Florida Bar Pay dues Do CLE Update address and e-mail
Always open mail from The Florida Bar
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Report discipline from other states and courts (Federal, Immigration, etc.)
Criminal Misconduct and Discipline Rule 3-4.4 – Criminal Misconduct (charges can be brought regardless
of prosecution) Rule 3-7.2(c) – Notice of Institution of Felony Criminal Charges (report
within 10 days) Rule 3-7.2(e) – Notice by Members of Determination or Judgment of
Guilt of All Criminal Charges (report within 10 days) Rule 3-7.2(l) – Professional Misconduct in Foreign Jurisdiction (report
within 30 days)
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Telephone Inquires Written Inquires
ACAP Processing/Intake Process More Lawyer/Public Friendly
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Forward case to Grievance Committee
Forward case to Branch Office
Complaint
ACAP/Intake
Branch offices (5)
Grievance Committee Similar 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
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Inquiry Jurisdiction? Rule 4-8.5 If true, is it a violation?
Complaint – Rule 3-7.3 Response requested Rebuttal allowed 60-90 days Analysis of facts
Options Mediation/Fee Arbitration Referral to Grievance Committee Closure
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Investigating Member Assigned
Additional Investigation
Hearing or Review
Grievance Committee Action
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Non-discipline 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
Discipline Minor Misconduct Probable Cause
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Complaint Drafting and Filing
Guilty Plea/Consent Judgment
Appointment of Referee (Circuit or County Court Judges)
Discovery (Fla. R. Civ. P.)
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Complaint & Answer
Final Hearing
Hearing on Sanctions
Report of Referee
Supreme Court Review
Issues Final Order
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Petition for Review
Burden on appeal
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Website www.FloridaBar.org
Ethics Opinions Register online Post your CLE online Rules and Rule changes LOMAS forms Attorney/Consumer Assistance Program
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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)
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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
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Fee Arbitration and Mediation 1-850-561-5719 Free Both parties must agree to attend
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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
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Practicing With Professionalism