Practicing With Professionalism

The Florida Bar spotlight

Resources available to Florida Bar members

Disciplinary process

Avoiding/Limiting Bar grievances

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

Website

Ethics Opinions
Register online
Post your CLE online
Rules and Rule changes
LOMAS forms
Attorney/Consumer Assistance Program





www.FloridaBar.org

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)

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

Fee Arbitration and Mediation
 1-850-561-5719
 Free
 Both parties must agree to attend

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

Telephone Inquires

Written Inquires

ACAP Processing/Intake Process
 More Lawyer/Public Friendly
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
Board of
Governors Review
Probable Cause Found
Referee Appointed by
Chief Judge
Supreme Court of
Florida
Handles appeals and issues final order
Dismissed if No Probable Cause
Trial held and makes
recommendation to Supreme
Court

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

Investigating Member Assigned

Additional Investigation

Hearing or Review

Grievance Committee Action





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

Complaint Drafting and Filing

Guilty Plea

Appointment of Judicial Review

Discovery (Fla. R. Civ. P.)

Complaint & Answer

Final Hearing

Hearing on Sanctions

Report of Referee

Supreme Court Review

Issues Final Order

Petition for Review

Burden on appeal

Have a written fee agreement

Supervise your staff

Review your trust account

Communicate with your client

Confirm important conversations with your client in
writing

Conduct conflict checks

Send declination letters

Prepare regular billing statements

Stay current with The Florida Bar
 Pay dues
 Do CLE
 Update address and email
Ethics Hotline
1-800-235-8619
Practicing With Professionalism