When a complaint is made against an attorney in Florida, questioning their ethics or other professional conduct, a series of steps begins that could, if the charge is found to have merit, put the accused attorney in front of the state Supreme Court.
At a webinar July 29, a panel of administrators and counsel with The Florida Bar and a private attorney explained the process.
The Florida Bar enforces rules that protect the public through lawyer and judicial regulation, said Jennifer Krell Davis, interim communications director.
Anyone can lodge a formal complaint, including attorneys, judges and the public using a form available at floridabar.org/public under the attorney discipline section.
The Florida Bar Division of Lawyer Regulation reviews all of the submitted complaints to determine whether there may be a violation of the Rules of Professional Conduct governing attorneys licensed in the state.
The Florida Bar also may initiate an inquiry into an attorney’s conduct, based on a news report of a criminal offense, for example, said Allison Carden Sackett, director of The Florida Bar Legal Division.
After a complaint is filed, the Attorney Consumer Assistance Program evaluates the allegations. If it is determined that the attorney's purported conduct does not constitute a rules violation or the evidence does not support going forward, the case is closed.
If the program determines that the allegation is a possible violation of the rules, the Bar opens a file and notifies the attorney that they are under investigation.
If further investigation is warranted or if the attorney does not respond, the case is referred to one of the Bar’s five branch offices for review by a staff attorney.
At that point, Bar counsel can determine that discipline is not warranted and close the case or, if discipline may be warranted, refer the case to a grievance committee in the judicial circuit where the accused attorney practices.
Grievance committees comprise two-thirds lawyers and one-third nonlawyers. A Bar staff investigator may be called in, or a committee member may be assigned to evaluate the facts of the case further, said Patti Savitz, staff counsel in the Bar’s Division of Lawyer Regulation.
“They operate much like a grand jury,” Savitz said.
If the committee finds no probable cause to move forward or issues a letter of advice, the case is closed.
If it is found that there is a possible rules violation, the case moves to The Florida Bar board of governors and a member is assigned to review the allegations.
The designated reviewer may request the grievance committee to re-evaluate the case or it may be directly referred to the board’s Discipline Committee, which can file formal charges against the accused attorney with the state Supreme Court.
If that happens, the Court directs the chief judge in the accused attorney’s home circuit to appoint a county or circuit judge to act as a “referee” and conduct a trial.
“The trial at the referee level is just like a civil or criminal trial. The referee decides the case after hearing evidence and arguments from both sides,” said Donald Smith, a former Bar counsel who is in private practice and defends attorneys accused of misconduct.
If the referee determines that the accused violated the conduct regulations, the state Supreme Court reviews the decision and may order sanctions including admonishment, public reprimand, temporary suspension from the practice of law or disbarment, based on the severity of the offense.
“The Florida Bar has 60 days to appeal and request review the Supreme Court’s ruling, but the Court’s final decision is binding,” Savitz said.
Like other legal matters, attorney disciplinary actions are confidential until the case is resolved, Davis said.
At that point, the case is closed and the ruling and penalty is posted on the attorney’s 10-year discipline history, part of their member profile on the Bar’s website.
Visit floridabar.org/rules/conduct/ to learn more about attorney discipline.
