State Professional Licensing
Disciplinary guidelines for licenses obtained from the Department of Business and Professional Regulation (DBPR) are governed by Florida Statute 455.2273. You have the right to an attorney that can help guide you through the administrative process that follows when you face a negative professional license action. Mr. Arias provides professional license defense to nurses, psychologists and other licensed health professionals. Our services include representing you throughout the investigation process, at your appearances before professional boards and during the administrative hearing.
If you face state or federal criminal offenses, you must seriously consider the effect an adjudication or plea agreement will have on your professional license. Each professional board, or the DBPR when there is no board, has the authority to adopt the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board against you. We can help you navigate this process with knowledgeable and competent representation.
UNLICENSED PRACTICE OF LAW (UPL)
The Florida Bar acts as prosecutor in unlicensed practice of law cases. Engaging in the unlicensed practice of law in Florida is a crime – 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. As former prosecutor, Mr. Arias has in-depth knowledge on the investigative process and strategy used in litigating cases in both administrative and criminal arenas. We can help you navigate this process with knowledgeable and competent representation.
Law Student Representation Before the Florida Board of Bar Examiners
Are you a law student being investigated by the Florida Board of Bar Examiners? Is your character and fitness being questioned? Are you now facing an investigative hearing? Exercise your right to be represented by experienced counsel and don’t waste the past three or four years of your life!
In Florida, the admission of attorneys to the practice of law is a judicial function. The Florida Board of Bar Examiners is an administrative agency of the Supreme Court of Florida created by the Supreme Court of Florida to handle matters of bar admission. According to The Florida Bar, the primary purpose of the character and fitness screening before admission is to protect the public and safeguard the judicial system. In order to be admitted in Florida, an applicant must have proof of good moral character and must successfully complete the Florida Bar Examination. Florida has one of the most stringent and thorough character and fitness examinations in the nation. We can help you navigate this process with knowledgeable and competent representation.
Florida Lawyer Regulation
Representation in Bar Complaints
We defend Florida attorneys facing Florida Bar grievance complaints. The Florida Bar’s disciplinary process is uniquely complex and requires a deep understanding of its procedural rules, the rules of professional conduct, past disciplinary decisions, and ethics opinions. Juan Carlos Arias has practiced in the area of Lawyer Regulation for over 15 years. Mr. Arias’ experience handling bar complaints includes hundreds of disciplinary investigations as a former bar counsel and over 100 disciplinary cases at the Florida Supreme Court level. Mr. Arias has successfully argued before the Supreme Court of Florida.
Any grievance complaint, regardless of how petty or unfair it may be, must be treated with great caution. Too often attorneys fail to recognize the importance of responding to a grievance complaint to later find themselves regretting their lack of understanding of the lawyer disciplinary process. It is not in a lawyer’s best interest to become familiar and competent in the attorney disciplinary process when faced with a complaint. Analyzing fact patterns for possible violations requires a keen understanding of The Florida Bar Rules of Professional Conduct, its comments, applicable case law, and ethics opinions. Furthermore, most attorneys cannot exercise independent professional judgment when their legal licenses are on the line. Let Mr. Arias’ knowledge and experience in lawyer regulation defense serve you as early in the disciplinary process as possible.
Lawyer Ethics Consulting
Having an experienced and knowledgeable attorney on your side 24/7 to answer questions about lawyer ethics is an invaluable asset. Mr. Arias can provide you and your legal team immediate competent advice on ethical matters when you need it most.
Advertising Rules Compliance
If you or a member of your law firm is vested with the responsibility of overseeing advertisement, Mr. Arias can help guide you and your advertising representatives in reviewing and seeking approval of your firm’s advertising campaigns to ensure compliance and prevent potential advertising complaints. Mr. Arias provides ongoing review of all advertising for some of the largest law firms in South Florida.
Lawyer Ethics Education
Mr. Arias frequently lectures at CLE programs sponsored by law firms and voluntary bar associations. Under the rules, lawyers can delegate some duties, but never responsibility. Lawyers are required to educate themselves and their staff on ethics matters. The best way to comply with ethics rules is to introduce annual ethics education in your legal practice to keep your team informed and up-to-date on professional responsibility requirements. Mr. Arias can provide your legal practice with upbeat, relevant and invaluable ethics training.