Receiving a letter that you are being investigated for professional misconduct by the Florida Bar is one of the most disruptive events that a lawyer can be subjected to in their career. You may be feeling overwhelmed, confused, and frustrated.
However, even though you are a lawyer and well-versed in the law, you are not necessarily the best person to defend yourself against any charges. You may be less familiar with the process, not to mention overwhelmed by the potential repercussions if your case does not go well.
The team at the Law Offices of Anidjar & Levine is here to help. A Florida professional regulation lawyer can gather evidence to build a strong case in your defense. For a free, no-obligation review of your case, contact the Law Offices of Anidjar & Levine.
Common Behaviors That Lead to Disciplinary Complaints
Any type of behavior from a lawyer that violates the rules of professional conduct can result in a disciplinary complaint. However, some of the most common include:
- Conflicts of interest
- Poor communication with clients
- Dishonest behavior
- Stealing
- Lack of competence or diligence in pursuing a case
- Commission of a crime
- Lack of compliance with trust accounting rules
- Charging unreasonably high fees
- Unprofessional behavior toward opposing counsel or disrespect to the judiciary
- Improper transactions with clients
If you have been notified that you are under a disciplinary investigation by the Florida Bar and need help with your case, contact the Law Offices of Anidjar & Levine today at 1-800-747-3733.
Procedure for Investigating Complaints
There are six stages in the process of investigating a complaint against a lawyer:
Intake of Complaint and Preliminary Investigation
Complaints may be filed by clients, opposing counsel, or judges, or the Florida Bar may uncover misconduct through other means. After a complaint is submitted, a preliminary investigation occurs. If they determine that the complaint does not warrant disciplinary action, the case is immediately closed. If they determine it could have, they open a file, notify the lawyer, and request a response within 15 days. If the lawyer’s response makes it clear that no misconduct occurred, the file can be closed. If it does not or if they fail to respond altogether, the case will move forward.
Branch Investigation
At this stage, the case goes to the Bar counsel, who does a factual analysis. For minor transgressions that do not justify discipline, the counsel can recommend diversion. If they determine disciplinary action is warranted, the complaint is sent to the grievance committee.
Grievance Committee
A member of the grievance committee will be assigned to review the evidence and interview witnesses, after which time they will make a recommendation to the grievance committee. These investigations often last three to six months.
Trial
If the grievance committee determines there was probable cause, a formal complaint will be filed with the Florida Supreme Court. A judge will be appointed as a referee, and they will hold a trial, making a recommendation at the end.
Board of Governors Review
A designated reviewer from the Board of Governors reviews cases and can refer cases to the Board of Governors for review. A review request can also be made by any Board of Governors member. If a review is requested, the case first goes to the Board Disciplinary Review Committee, which then makes a recommendation that the Board of Governors votes on.
Florida Supreme Court
The final stage is the decision by the Florida Supreme Court, which is the final authority on disciplinary matters.
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Contact a Florida Bar Disciplinary Defense Lawyer Today
If you are being investigated by the Florida Bar, you have the right to representation by a Florida Bar disciplinary defense lawyer. For a review of your Florida Bar disciplinary claim, contact the Law Offices of Anidjar & Levine at 1-800-747-3733 today.
