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