in florida what constitutes lawyer disciplinary action

by Dr. Kennedi D'Amore Sr. 8 min read

A petition for emergency suspension is granted by the Florida Supreme Court when The Florida Bar presents clear and convincing evidence that a lawyer appears to be causing great public harm (see Rule 3-5.2 (a)) and also constitutes a formal complaint so that the matter is fully investigated and final disciplinary action is ordered.

Full Answer

What is attorney discipline?

Jan 01, 2022 · September 1, 2021 Disciplinary Actions. Aug 31, 2021 Disciplinary Actions. The Florida Supreme Court in recent court orders disciplined 10 attorneys, disbarring two, suspending two, and reprimanding five.

How many Florida attorneys have been disciplined by the court?

Jul 21, 2021 · A petition for emergency suspension is granted by the Florida Supreme Court when The Florida Bar presents clear and convincing evidence that a lawyer appears to be causing great public harm (see Rule 3-5.2(a)) and also constitutes a formal complaint so that the matter is fully investigated and a final disciplinary action is ordered.

How does the Florida Bar deal with unethical attorneys?

May 27, 2021 · May 27, 2021 Disciplinary Actions. The Florida Supreme Court in recent court orders disciplined 15 attorneys, disbarring five, revoking the licenses of two, suspending six, and reprimanding three. Two attorneys were ordered to pay restitution. Gerald W. Adams, 1314 E. Las Olas Blvd., Suite 1059, Ft. Lauderdale, disbarred effective immediately following an April 28 …

How many lawyers are regulated by the Florida Bar?

Feb 24, 2021 · March 1, 2021 Disciplinary Actions. The Florida Supreme Court in recent court orders disciplined nine attorneys, disbarring four, suspending six, and reprimanding one. One attorney was placed on probation. Frank T. Blainey, 455 Alt. 19 S., G107, Palm Harbor, suspended for 91 days and probation for three-years effective 30 days following a December 28, 2020, …

What is the phone number for a Florida bar attorney?

If you feel you have been unfairly treated by a lawyer, call ACAP at 866-352-0707. For public record information regarding any Florida Bar attorney, send us an email.

How to file a complaint against an attorney?

If you are having difficulty communicating with your attorney, you should consider the following before filing a complaint with The Bar: 1 Call the attorney’s office and leave a message for a return call. 2 If you do not receive a return call within a reasonable period of time, write a letter to the attorney, preferably with return receipt requested, requesting to be contacted within a specified (reasonable) period of time. If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes.

What is a public reprimand?

The public reprimand is a Supreme Court-ordered form of public discipline that declares the conduct of the lawyer improper. Public reprimands are delivered before the 52-member Florida Bar Board of Governors and are public record. A downloadable video of an actual public reprimand (2 min. 7 sec., 14.7MB) has been posted for information.

What is the phone number for ACAP?

The ACAP telephone number is toll-free: 1-866-352-0707. ACAP provides assistance in response to more than 24,000 requests a year. Download Complaint Form.

What is the Florida Bar ethics hotline?

The Florida Bar operate s an ethics hotline for its members to offer guidance when a lawyer is unsure of the ethical obligations in a particular situation. Call 1-800-235-8619.

What happens if an attorney fails to respond to a letter?

If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes. The Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled unless the attorney is asserting a lien for fees.

What is the Florida Bar?

The Florida Bar accepts complaints against attorneys, investigates those complaints and prosecutes attorneys who engage in unethical conduct. The Florida Bar operates the Attorney Consumer Assistance Program (ACAP) for consumers who are dissatisfied or think a lawyer may have acted unethically and want to consider filing a complaint.

How long can a disbarred lawyer reapply for admission?

The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years.

How much did Kifer misappropriate?

Instead, Kifer misappropriated $8,194.53. Kifer also misled the Bar during their investigation and was otherwise uncooperative. Kifer had been previously emergency suspended by the Florida Supreme Court.

How long can a disbarred lawyer reapply for admission?

The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years.

What happened to Blainey?

On July 20, 2018, Blainey was convicted of misdemeanor battery. In addition to being intoxicated at the time of the incident, Blainey has a history of DUIs and issues with alcohol. After his arrest, Blainey failed to provide the Bar with updates regarding his criminal case. (Case No: SC19-372)

How long was Hillebrand suspended?

(Case No: SC20-686) Andrew David Hodes, 20512 Via Marisa, Boca Raton, suspended for 60 days and ordered to attend The Florida Bar’s Ethics School effective 30 days following a January 21 court order.

Did Saracco file a motion to dismiss?

Saracco failed to respond to a motion to dismiss in the matter as well as an order to show cause, resulting in dismissal of the case without prejudice. At his client’s request, Saracco filed a new lawsuit in federal court to preserve the claim. The court ultimately permitted Saracco to withdraw from the case.

How many attorneys will be disbarred in Florida in 2021?

Summaries of orders issued from January 28, 2021, to February 18, 2021. The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 17 attorneys, disbarring three, revoking the licenses of one, suspending 10 and reprimanding three.

How long can a disbarred lawyer reapply for admission?

The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years.

How long was Hillebrand suspended?

(Case No: SC20-686) Andrew David Hodes, 20512 Via Marisa, Boca Raton, suspended for 60 days and ordered to attend The Florida Bar’s Ethics School effective 30 days following a Jan. 21 court order.

What happened to Siddiqui in the second case?

In a second matter, Siddiqui failed to competently represent the client in his criminal case and failed to appear for jury selection. In a third matter, Siddiqui failed to appear for court and misrepresented to the court that he did not receive notice of the court hearing.

When was the Florida Bar founded?

Founded in 1949 , The Florida Bar serves the legal profession for the protection and benefit of both the public and all Florida lawyers. As one of the nation’s largest mandatory bars, The Florida Bar fosters and upholds a high standard of integrity and competence within Florida’s legal profession as an official arm of the Florida Supreme Court.

Did Saracco file a motion to dismiss?

Saracco failed to respond to a motion to dismiss in the matter as well as an order to show cause, resulting in dismissal of the case without prejudice. At his client’s request, Saracco filed a new lawsuit in federal court to preserve the claim. The court ultimately permitted Saracco to withdraw from the case.