how to file a complaint on an attorney with florida bar

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 ...

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 ...

Can the Florida Bar review a decision?

In addition, The Florida Bar has no authority to review a court decision on a particular matter -- and the Bar's grievance system may never be used as a substitute for an appeal of such cases.

Does the Florida Bar give legal advice?

The Florida Bar, as a prosecutorial agency, does not and cannot give individual legal service or advice to any person making allegations. Further, any loss the client may have sustained as a result of the matter involved cannot be recovered through disciplinary proceedings.

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 the purpose of the Florida Bar?

The purpose of The Florida Bar grievance system is to provide a means to discipline a lawyer if the lawyer deserves it. The Supreme Court imposes discipline directly. However, a grievance committee may recommend that an attorney receive an admonishment for misconduct considered minor. The Florida Bar, as a prosecutorial agency, ...

Is Florida a reputable lawyer?

Most lawyers are reputable. They sincerely try to do all they lawfully can on behalf of their clients. Lawyers value their good reputation. The Florida Bar wants to do all it can to resolve any difficulties which may rise between you and the lawyer.

Does the Florida Bar charge fees for an inquiry?

No cost or fee is charged for filing an inquiry against a Florida lawyer. All members of The Florida Bar are required to pay dues which cover the cost of lawyer discipline. You may, however, be required to devote some of your time to attending grievance committee hearings and testifying at trial.

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.

What happens after a complaint is filed?

After a complaint is submitted to the Bar, but before charges are filed, intake counsel conducts a preliminary investigation. If intake counsel determines that the allegations do not warrant discipline, then the case is closed immediately without further action against the attorney.

What is the first stage of a criminal complaint?

Stage 1: Complaint Intake & Preliminary Investigation. The process starts when the Bar receives a complaint against a lawyer. Clients, opposing counsel, or judges may file complaints, or the Bar may discover potential misconduct through other means, such as media reports or notice of a bounced check from a lawyer’s bank.

Can the bar investigate a bounced check?

Clients, opposing counsel, or judges may file complaints, or the Bar may discover potential misconduct through other means, such as media reports or notice of a bounced check from a lawyer’s bank. Not all of the thousands of inquiries and complaints the Bar receives each year are prosecuted.

How long does it take for an intake counsel to respond to a complaint?

However, if intake counsel determines that the facts alleged would constitute a violation warranting discipline, then counsel opens a file, notifies the accused attorney, and requests a response within 15 days. Over the past five years, an average of nearly 7,600 cases each year make it to this stage.

How many grievance committees are there in Florida?

There are 81 local grievance committees across Florida – at least one in each of the state’s 20 judicial circuits. Each circuit’s grievance committees are comprised of lawyers and public members living in that circuit.

What happens if the board disagrees with the referee's decision?

If the board disagrees with any aspect of the referee’s decision, including recommendations of guilt or innocence, recommended sanctions, or recommendations regarding reinstatement of a suspended lawyer, then the Board of Governors can seek review by the Supreme Court.

What is the Florida Supreme Court?

The Florida Supreme Court is the ultimate and final authority on lawyer discipline matters. The Supreme Court reviews consent judgments and referee decisions from disciplinary trials or reinstatement petitions.

Can you give copies of a complaint to the Florida Bar?

You may also give others copies of any documents you give to or receive from The Florida Bar or the nonlawyer involved. Because inquiries and complaints are not confidential, you do not have absolute immunity from suit for filing your inquiry. The general law of libel and slander applies.

Can the Florida Bar pre-review a complaint?

The general law of libel and slander applies. Regrettably, The Florida Bar cannot pre-review your inquiry to tell you if you have a good case.

Is the Florida Bar a civil law?

The Florida Bar acts as prosecutor in unlicensed practice of law cases. The Florida Bar cases are civil in nature. Engaging in the unlicensed practice of law in Florida is also a crime. It is a third-degree felony. For this reason, the State Attorney also has the power to bring criminal charges against an individual for practicing law without ...

Is practicing law without a license a felony in Florida?

Engaging in the unlicensed practice of law in Florida is also a crime. It is a third-degree felony. For this reason, the State Attorney also has the power to bring criminal charges against an individual for practicing law without a license. ( back to top)

What is the power of the Supreme Court of Florida?

The Constitution of the State of Florida gives the Supreme Court of Florida the power to regulate the conduct of attorneys. Through this constitutional grant of authority, the Supreme Court of Florida has the inherent authority to regulate and prevent the practice of law by individuals who are not licensed to practice law in Florida.

What is the purpose of the Florida Bar?

The purpose of The Florida Bar unlicensed practice of law system is to protect the public. The Supreme Court of Florida can prevent an individual from continuing to engage in the unlicensed practice of law by issuing a civil injunction. UPL committees can also get the individual to agree to stop practicing law by having them sign a cease ...

Does the Florida Bar review a court decision?

The Florida Bar, as a prosecutorial agency, does not and cannot give individual legal service or advice to any person making allegations. The Florida Bar has no authority to review a court decision on a particular matter and the Bar’s UPL system should never be used as a substitute for an appeal of such cases.

Alaska

See the Alaska Bar Association web page, “Complaints Against Attorneys”

Arizona

See the State Bar of Arizona web page, “Arizona Lawyer Discipline Process Overview”

Illinois

Contact: Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois

Kentucky

See the Kentucky Bar Association’s website, “Complaints against Lawyers”

New Hamphire

See the New Hampshire Supreme Court web page, “Attorney Discipline System”

New York

See the New York State Unified Court System web page, “Complaints About Attorneys”

North Dakota

See the North Dakota Supreme Court web page, “Complaints Against Lawyers”

How to file a complaint against a Florida attorney?

To file a complaint against a Florida attorney, after first trying to settle the issue with the attorney, contact the Florida Bar Association's Attorney Consumer Assistance Program at 866-352-0707. If the issue remains unresolved after consulting with one of the FBA's staff attorneys, then submit a Florida Bar Inquiry/Complaint Form.

Can ACAP help with complaint?

ACAP may be able to provide further assistance by contacting the attorney. ACAP resolves about one-third of consumer issues this way before a complaint is filed, states the Florida Bar. If working with ACAP doesn't help, file the Inquiry/Complaint Form, FBA advises.