Florida Bar Grievance Defense | Florida Trust Account Violations Lawyer | Bar Hearings Attorney Florida
- Am I obligated to report a misdemeanor or felony conviction? What if the Court Withheld Adjudication and I was not adjudicated? You are required to notify the Executive Director of The Florida Bar within 10 of the rendition of the Judgment or Sentence. For reporting purposes it does not matter if there was an adjudication or withhold of adjudication. It will most likely matter however at the time discipline is imposed.
- What happens after the notification to the Bar of the misdemeanor or felony? Misdemeanors are determined on a case – by – case basis by the Grievance Committees depending on their severity. A felony conviction or withhold of adjudication requires the Bar to file a Notice with The Florida Supreme Court. The Court will then suspend the lawyer for up to 3 years unless the lawyer seeks a dismissal or modification of the suspension. After the imposition of the Felony Notice the Bar will also file a Complaint with the Florida Supreme Court for the imposition of additional discipline.
- Why hire a lawyer to defend you in these proceedings? Your livelihood and career depend on the outcome of this case. Did you know that on The Florida Bar webpage lists your prior disciplinary history for 10 years? Potential clients have access to this information.
- What is Florida Lawyers Assistance? Florida Lawyers Assistance (known as FLA) is a group that assists lawyers with alcohol, drug, and emotional issues that may impair their ability to practice law. FLA may be a condition of diversion or a condition of discipline. It generally requires a written contract for a period of 3 years, along with absolute abstention from alcohol of drugs. Random urine samples are required. FLA is run by caring individuals with a background in addiction.
- I am a young lawyer with no real law office experience or a lawyer with poor office management skills. Does the Bar offer a services to a lawyer to assist in these management issues? There is a service offered by the Bar called Law Office Management Services (LOMAS) that will come to your office and evaluate your entire practice including trust accounting and provide a report and manuals to assist you. I have heard on countless times that this is the best service offered by the Bar.
- Does a lawyer’s prior discipline factor in the discipline imposed? Yes. A lawyer’s prior disciplinary history is considered an Aggravating Factor. The Florida Supreme Court has created Standards for Imposing Lawyer Sanctions. They are similar to a Guidelines in criminal proceedings. Set forth in the Standards are a number of aggravating and mitigating factors to be considered.
- Does the Florida Supreme Court just rubber stamp the Recommendation of the Referee? The Florida Supreme Court carefully reviews all cases and often disagrees with the discipline imposed by a Referee. Generally that disagreement results in a greater discipline then that imposed by the Referee.