practicing with professionalism€¦ · regulates more than 93,000 attorneys the florida bar opened...

Practicing With Professionalism

The Florida Bar spotlight

Avoiding, limiting, and mitigating Bar grievances

Mandatory Reporting

Disciplinary process

Resources available to Florida Bar members

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

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

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

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)

Telephone Inquires Written Inquires

ACAP Processing/Intake Process More Lawyer/Public Friendly

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

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

Investigating Member Assigned

Additional Investigation

Hearing or Review

Grievance Committee Action

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

Complaint Drafting and Filing

Guilty Plea/Consent Judgment

Appointment of Referee (Circuit or County Court Judges)

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

Website www.FloridaBar.org

Ethics Opinions Register online Post your CLE online Rules and Rule changes LOMAS forms Attorney/Consumer Assistance Program

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

Practicing With Professionalism