how to file a complaint against a state attorney florida

To file a bar complaint, you can either use this Florida Bar’s form or provide the following information:

• Provide your name and contact information, as well as your attorney’s name, address and phone number
• Detail the facts on which your allegations are based (attach copies of any documents, letters, court papers, and other materials that establish your claims)
• A statement providing: “Under penalty of perjury, I declare the foregoing facts are correct, true and complete”
• Your signature

Full Answer

How do I file a complaint with the Florida state attorney?

Citizens with general inquiries, or who want to file a consumer complaint, should contact the Office of Citizens Services by calling (866) 966-7226, (850) 414-3990 or filing out an online form here.

What is attorney misconduct in Florida?

Rule 4-8.4. Misconduct. Currentness. A lawyer shall not: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Who regulates Florida attorneys?

The Florida BarAs an official agency of the Supreme Court of Florida, The Florida Bar and its Division of Lawyer Regulation are charged with the administration of a statewide disciplinary system to enforce Supreme Court rules of professional conduct of more than 110,000 lawyers admitted to practice law in Florida.

How long do you have to file a bar complaint in Florida?

within 6 years(a) Time for Inquiries and Complaints. Inquiries raised or complaints presented by or to The Florida Bar under these rules shall be commenced within 6 years from the time the matter giving rise to the inquiry or complaint is discovered or, with due diligence, should have been discovered.

Are Florida Bar complaints public record?

Members of the public are then able to search those historical records for information about possible disciplinary actions. So, the short answer is “yes.”

What is the most common reason for an attorney to be disciplined?

Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] My complaint is that they failed to provide me with a satisfactory service when … describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred].

How long does the state attorney have to file charges in Florida?

The defendant has the right to a speedy trial, within 180 days (six months) of the time he/she is arrested and/or charged by information or indictment.

Who is the state attorney of Florida?

Ashley Moody (Republican Party)Florida / Attorney generalAttorney General Ashley Moody launched a nationwide law enforcement recruitment initiative to encourage job seekers to pursue law enforcement careers in Florida.

How do I file a complaint with DBPR?

For information on the filing of complaints with DBPR, please call 305-513-3437. In order to register your complaint, please complete the complaint form, with signature and seal from a Notary Public.

Is disbarment permanent in Florida?

Some disbarments specify a longer period of time before a disbarred lawyer can seek readmission, and the court can order permanent disbarment.

What is the Florida Bar Grievance Committee?

Local grievance committees are composed of lawyers and nonlawyers and are responsible for continuing the investigation of possible lawyer misconduct referred by Bar discipline attorneys.

How do you cite the Florida Bar Rules of Professional Conduct?

To cite Florida Rules, Rule 9.800 calls for the abbreviated rules reference followed by the rule number, e.g., Fla. R. Civ.

How do I contact the Florida Bar Association?

Contact The Florida Bar850-561-5600.The Florida Bar. 651 E. Jefferson St. Tallahassee, FL 32399-2300.Hours: 8:00 a.m.-5:30 p.m., Monday-Friday.Username/password questions? Call 1-866-854-5050 or email Member Records.

What is a grievance committee in Florida?

Grievance committees of The Florida Bar are made up of volunteer members in your community, at least one-third of whom are not lawyers. Each of Florida's 20 judicial circuits has at least one such committee. The grievance committee investigates complaints with much the same purpose as a grand jury.

Why is the Florida Bar not handling fees?

Fee disputes are not handled by The Florida Bar's grievance system because of restrictions placed on us by decisions of the United States Supreme Court related to antitrust. Also, fee disputes generally do not involve questions of ethics or professional conduct unless the fee is clearly excessive. However, the Bar does have a statewide fee arbitration program available to resolve these problems. Information regarding the Fee Arbitration Program may be received by calling (850) 561-5600.

What happens if the grievance committee finds probable cause to believe unprofessional conduct occurred?

If the grievance committee finds probable cause to believe unprofessional conduct occurred, Bar Counsel is directed to file a formal complaint against the accused lawyer with the Supreme Court of Florida. The Supreme Court then appoints a circuit or county court judge as a referee to hold a trial on the complaint.

What is the Florida Bar?

The Florida Bar acts as a prosecutor in lawyer discipline cases , much like the state attorney's office does in criminal cases. Staff lawyers and grievance committees, of which one-third of the members are not lawyers, investigate alleged lawyer misconduct in those cases referred to the grievance committees.

What is a Florida pamphlet?

This pamphlet explains how and where consumer allegations regarding possible misconduct of a Florida lawyer may be filed. This brochure also explains The Florida Bar grievance system, established by the Supreme Court of Florida to enforce uniform standards of professional conduct. Please read carefully. The basic procedures outlined here are designed to prevent misunderstandings.

What does a referee do in Florida?

The referee then makes findings of fact and files a report and recommendations with the Supreme Court of Florida. The Supreme Court reviews the trial record, referee's report and recommendations.

Who issues admonishments in Florida?

Admonishments can be issued by grievance committees, referees, The Florida Bar Board of Governors or the Supreme Court of Florida. Sometimes, the Supreme Court allows an attorney to resign -- most often permanently -- from The Florida Bar when faced with serious disciplinary problems.

How to file a complaint against a lawyer?

All your allegations of a lawyer’s unprofessional or unethical conduct must be put in writing. To file a bar complaint, you can either use this Florida Bar’s form or provide the following information: 1 Provide your name and contact information, as well as your attorney’s name, address and phone number 2 Detail the facts on which your allegations are based (attach copies of any documents, letters, court papers, and other materials that establish your claims) 3 A statement providing: “Under penalty of perjury, I declare the foregoing facts are correct, true and complete” 4 Your signature

When will the Florida Bar investigate a complaint?

The Florida Bar will not begin investigating your complaint until after Bar Counsel verifies that the bar has jurisdiction to review the allegations. If the bar has jurisdiction, the inquiry will be considered as a complaint. When the bar opens a formal disciplinary file, Bar Counsel continues the investigation and has to decide whether ...

What happens when the bar opens a formal disciplinary file?

When the bar opens a formal disciplinary file, Bar Counsel continues the investigation and has to decide whether the complaint should be forwarded to a grievance committee, a group of people assigned to address bar complaints.

What are the types of malpractice?

Types of legal malpractice include missing deadlines, conflict of interest, lacking knowledge of the applicable law, failing to respond to a client, and charging excessive contingency fees.

Does the Florida Bar charge fees?

The Florida Bar does not charge any fees or costs for filing a bar complaint against a lawyer. All members of the bar pay dues that cover the cost of lawyer discipline. If the Supreme Court of Florida rules against a lawyer, he or she will be ordered to pay the costs involved. Get help from our West Palm Beach legal malpractice attorneys ...

Who handles all business litigation and contracting needs from employment agreements to arbitration agreements?

Mike Pike handles all our business litigation and contracting needs from employment agreements to arbitration agreements!

Can you disclose your address to the Florida Bar?

Note: Any information you disclose to the Florida Bar will become public record and shared with the lawyer about whom you complain to the bar. If you want to remain anonymous, provide an alternative means for the bar to contact you if the lawyer can recognize your address and phone number.

How to file a complaint against the Attorney General?

In accordance with 28 CFR 35.107, person (s) wishing to file a complaint or grievance against the Office of the Attorney General for denial of access to services to the public, as defined by 28 CFR 35.130, may do so through the Office of the Inspector General by using the on-line contact form, selecting Inspector General, and following the contact link or by calling the Office of Citizen Services at 850-414-3990 .

Is Florida conference registration a public record?

If you choose to provide information in a feedback form, conference registration form or other form on this site, unless specifically exempted by Florida Statutes, such information is a public record under Florida's Government in the Sunshine Laws and available for public inspection upon demand.

Does the Office of Citizen Services monitor emails?

PLEASE NOTE: The Office of Citizen Services' operators do NOT monitor emails on weekends, holidays, or after weekday business hours (M-F 8AM-5PM). Please do not rely on electronic communications to report urgent emergencies or safety concerns. Dial 911 instead.

How to file a complaint with the Florida Bar?

Otherwise your allegations must be in writing. The Florida Bar Inquiry/Complaint Form can be downloaded from the Bar website or you may obtain the form by calling ACAP. Because information provided will become public and is subject to disclosure to the lawyer about whom you inquire, your address and telephone number cannot be withheld. If your address and telephone number are not known to the lawyer, and you want it to stay that way, you should provide an alternative means for the Bar to contact you (such as a post office box or business address and telephone number, if proper). In addition to reading all of the information in this pamphlet, you must carefully read all of the instructions on the back of the inquiry /complaint form.

What is a Florida lawyer pamphlet?

This pamphlet provides general information relating to the purpose and procedures of the Florida lawyer discipline system. It should be read carefully and completely before any inquiry/complaint is filed with The Florida Bar.

What happens if the grievance committee finds probable cause to believe that a rule violation occurred and that discipline appears to?

If the grievance committee finds probable cause to believe that a rule violation occurred and that discipline appears to be warranted, the Bar counsel will file a formal complaint against the accused lawyer with the Supreme Court of Florida. The complaint is much like a complaint in a typical civil case.

Why is the Florida Bar important?

They pay membership fees that fund the total cost of the lawyer discipline system. The Florida Bar acts as a prosecutor in lawyer discipline cases, much like the state attorney’s office does in criminal cases. The Florida Bar does not and cannot represent any participant in a lawyer disciplinary case, other than the Bar.

What is the purpose of a grievance committee?

The grievance committee reviews complaints with much the same purpose as a grand jury. That is, the committee decides whether there is probable cause to believe a lawyer violated the professional conduct rules imposed by the Supreme Court of Florida and whether discipline against the lawyer appears to be warranted.

How does the Florida Bar protect the public?

The Florida Bar’s lawyer discipline system protects the public by providing a means to address lawyer misconduct. The Florida Bar, as a prosecutorial agency, cannot and does not give individual legal service or advice to any person making allegations against a lawyer.

Why are lawyers disciplined?

Some are more competent than others. Some are better communicators than others. A lawyer may lose the trust and confidence of a client for various reasons. Client dissatisfaction is not, by itself, grounds for discipline. A lawyer may be disciplined only for violating the standards of conduct set forth in the Rules Regulating The Florida Bar.

Where to report do not call calls in Florida?

Are you on the Florida Do Not Call list and still receiving unwanted sales calls? You can report these calls to the Florida Department of Agriculture and Consumer Services (FDACS).

What is a business complaint lookup?

Business/Complaint Lookup. Look up the registration status of a business or its complaint history, as maintained by FDACS.

What to do if you are unsure about an attorney?

If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:

What to do if you believe an attorney has committed professional misconduct?

If you believe an attorney has committed professional misconduct, you have the option of filing a complaint with the attorney regulatory authorities in your juris diction (links below).

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...

What is the phone number for the FLA?

1.800.HELP.FLA (1.800.435.7352) from the Division of Consumer Services for business complaints

Who administers the LSTA program in Florida?

Florida's LSTA program is administered by the Department of State's Division of Library and Information Services.