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OVERVIEW OF THE FLORIDA BAR DISCIPLINE SYSTEM November 30, 2006

OVERVIEW OF THE FLORIDA BAR DISCIPLINE SYSTEM November 30, 2006. Intake Screening Process. Telephone Questions Written Inquiries ACAP Process. STAGES OF PROCESSING. Staff Level Investigations Grievance Committee Process Pretrial Trial Post Trial Review Appeal and Court Action.

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OVERVIEW OF THE FLORIDA BAR DISCIPLINE SYSTEM November 30, 2006

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  1. OVERVIEW OF THE FLORIDA BAR DISCIPLINE SYSTEM November 30, 2006

  2. Intake Screening Process Telephone Questions Written Inquiries ACAP Process

  3. STAGES OF PROCESSING • Staff Level Investigations • Grievance Committee Process • Pretrial • Trial • Post Trial Review • Appeal and Court Action

  4. STAFF LEVEL INVESTIGATION • INQUIRY • Jurisdiction? • If true is it a violation? • COMPLAINT • Response requested • Rebuttal allowed • Analysis of facts • OPTIONS • Diversion • Referral to Grievance Committee • Closure

  5. OPTIONS FOR DIVERSION • Fee Arbitration • Grievance Mediation • Practice and Professionalism Enhancement Programs • Ethics School • Professionalism School • Anger Management Workshop • Trust Accounting Workshop • Advertising Workshop • Law Office Management Advisory Service • Continuing Legal Education • Florida Lawyers Assistance, Inc.

  6. ALTERNATIVE RESOLUTION • Attorneys/Clients Assistance Program • Direct, but informal communications with a bar staff attorney • Telephone contact design provide alternative ways resolve disputes without resort to the disciplinary process

  7. ALTERNATIVE RESOLUTION • Grievance Mediation • A program for the private resolution of disputes between an individual and a member of the bar when resolution in a private manner is consistent with the public interest.

  8. ALTERNATIVE RESOLUTION • Fee Arbitration • A program for resolution of disputes concerning legal fees that is free to participants and utilizes volunteer arbitrators to determine the appropriate amount of legal fees in individual circumstances.

  9. GRIEVANCE COMMITTEE PROCESS • INVESTIGATING MEMBER ASSIGNED • ADDITIONAL INVESTIGATION • HEARING OR REVIEW • GRIEVANCE COMMITTEE ACTION

  10. OPTIONS AT GC • Diversion (same areas as at staff level) • No Probable Cause • No Probable Cause with Letter of Advice • Minor Misconduct • Probable Cause

  11. PRETRIAL PROCESS • Admission of Minor Misconduct • Discovery (Fla. R. Civ. P.) • Guilty Plea • Complaint Drafting & Filing • Appointment of Judicial Referee

  12. TRIAL PROCESS • Complaint • Answer • Final Hearing • Hearing on Sanctions • Report of Referee

  13. Appeal to and Supreme Court Action • Petition for review • Burden on appeal

  14. HOW DO I FIND OUT INFORMATION ABOUT CASES? • Contact any bar office for available public information

  15. WHAT INFORMATION IS AVAILABLE? • Status and Records • Available on all public files (pending and closed files) Status Only Available about specific inquiries on matters otherwise known in the public domain

  16. WHAT RECORDS ARE AVAILABLE? • Anything received from or given to the complainant or respondent; • The record before the grievance committee; and • The record before the referee.

  17. WHERE TO GO TO GET RECORDS? • Pending Public Files – local branch office; an appointment is necessary so the file will be ready for review • Closed Files – start with the local branch, call the headquarters office for files that have been closed for several years

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