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Practicing With Professionalism.  The Florida Bar spotlight  Resources available to Florida Bar members  Disciplinary process  Avoiding/Limiting Bar.

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Presentation on theme: "Practicing With Professionalism.  The Florida Bar spotlight  Resources available to Florida Bar members  Disciplinary process  Avoiding/Limiting Bar."— Presentation transcript:

1 Practicing With Professionalism

2  The Florida Bar spotlight  Resources available to Florida Bar members  Disciplinary process  Avoiding/Limiting Bar grievances

3  Regulates more than 93,000 attorneys  The Florida Bar opened almost 10,000 cases for disciplinary investigation last year.  Lawyers disciplined last year by Florida Supreme Court  Regulating practice of law accounts for 45% of total annual bar expenditures

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5  Websitewww.FloridaBar.org  Ethics Opinions  Register online  Post your CLE online  Rules and Rule changes  LOMAS forms  Attorney/Consumer Assistance Program

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7  Ethics Hotline   Staffed by licensed Florida attorneys  FL Bar members can ask questions or request informal advisory opinions about the ethical propriety of their own prospective conduct  Monday – Friday (9 am to 5 pm)

8  LOMAS – Law Office Management Services   Telephone queries are free and confidential  Provides information to promote effective management techniques for both lawyer and their support staff  Offers assistance in many subject area

9  Fee Arbitration and Mediation   Free  Both parties must agree to attend

10  Florida Lawyers Assistance, Inc.   Website  Confidentiality assured  Assist attorneys with chemical dependency, compulsive behaviors, and emotional distress

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12  Telephone Inquires  Written Inquires  ACAP Processing/Intake Process  More Lawyer/Public Friendly

13 Complaint ACAP/Intake Branch offices (5) Grievance Committee Similar to a Grand Jury Referee Appointed by Chief Judge Supreme Court of Florida Dismissal by Bar Counsel Dismissal by Intake counsel Dismissed if No Probable Cause Handles appeals and issues final order Trial held and makes recommendation to Supreme Court Board of Governors Review Probable Cause Found Forward case to Grievance Committee Forward case to Branch Office

14  Inquiry  Jurisdiction?  If true, is it a violation?  Complaint  Response requested  Rebuttal allowed  Analysis of facts  Options  Mediation/Fee Arbitration  Referral to Grievance Committee  Closure

15  Investigating Member Assigned  Additional Investigation  Hearing or Review  Grievance Committee Action

16  No Probable Cause  No Probable Cause with Letter of Advice  Diversion  Ethics School  Trust Accounting Workshop  Florida Lawyers Assistance, Inc.  Advertising Workshop  Professionalism Workshop  Stress Management Workshop  LOMAS  Additional CLE Hours  Minor Misconduct  Probable Cause

17  Complaint Drafting and Filing  Guilty Plea  Appointment of Judicial Review  Discovery (Fla. R. Civ. P.)

18  Complaint & Answer  Final Hearing  Hearing on Sanctions  Report of Referee  Supreme Court Review  Issues Final Order

19  Petition for Review  Burden on appeal

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21  Have a written fee agreement  Supervise your staff  Review your trust account  Communicate with your client  Confirm important conversations with your client in writing

22  Conduct conflict checks  Send declination letters  Prepare regular billing statements  Stay current with The Florida Bar  Pay dues  Do CLE  Update address and

23 Ethics Hotline

24 Practicing With Professionalism


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