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Overview of The Florida Bar Discipline System

Practicing With Professionalism. Overview of The Florida Bar Discipline System. Objectives for today. The Florida Bar spotlight Resources available to Florida Bar members Disciplinary process Avoiding/Limiting Bar grievances. The Florida Bar Spotlight .

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Overview of The Florida Bar Discipline System

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  1. Practicing With Professionalism Overview of The Florida Bar Discipline System

  2. Objectives for today • The Florida Bar spotlight • Resources available to Florida Bar members • Disciplinary process • Avoiding/Limiting Bar grievances

  3. 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

  4. Resources Available to Florida Bar Members

  5. 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

  6. Resources Available to Florida Bar Members

  7. 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)

  8. 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

  9. Resources Available to Florida Bar Members • Fee Arbitration and Mediation • 1-850-561-5719 • Free • Both parties must agree to attend

  10. 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

  11. Disciplinary Process

  12. Attorney Consumer Assistance and Intake Screening Process • Telephone Inquires • Written Inquires • ACAP Processing/Intake Process • More Lawyer/Public Friendly

  13. Disciplinary Process Complaint ACAP/Intake Forward case to Branch Office Dismissal by Intake counsel Branch offices (5) Forward case to Grievance Committee Dismissal by Bar Counsel Grievance Committee Similar to a Grand Jury Dismissed if No Probable Cause Probable Cause Found Board of Governors Review Referee Appointed by Chief Judge Trial held and makes recommendation to Supreme Court Supreme Court of Florida Handles appeals and issues final order

  14. 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

  15. Grievance Committee Process • Investigating Member Assigned • Additional Investigation • Hearing or Review • Grievance Committee Action

  16. 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

  17. Supreme Court of Florida Pretrial Process • Complaint Drafting and Filing • Guilty Plea • Appointment of Judicial Review • Discovery (Fla. R. Civ. P.)

  18. Supreme Court of FloridaTrial Process • Complaint & Answer • Final Hearing • Hearing on Sanctions • Report of Referee • Supreme Court Review • Issues Final Order

  19. Appellate Process at Supreme Court • Petition for Review • Burden on appeal

  20. Avoiding/Limiting Bar Grievances

  21. 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

  22. 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

  23. Avoiding/Limiting Bar Grievances (continued) Ethics Hotline 1-800-235-8619

  24. Practicing With Professionalism Overview of The Florida Bar Discipline System

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