In the wrong case, the last thing you want is your signature alone and your letterhead upon the response to The Florida Bar's initial inquiry. In a proper case, such a message can go a long way. Why appear to be hiding behind a defense attorney? Consider sending the message that you have nothing to hide - and that the allegations against you do not even warrant the time and trouble of hiring yourself a defense attorney. But consider with your defense counsel the possibility of signing the response yourself and on your own letterhead. So yes, get the help of a Bar grievance defense attorney in drafting your response to The Florida Bar's initial inquiry. If you "lawyer up" too soon, you might send the false message that you have something to hide. But local Bar Counsel is empowered to disagree. or a Florida Bar headquarters intake counsel was convinced your alleged behavior warrants discipline. The particular Chief Branch Discipline Counsel, in turn, may delegate the receipt and analysis of your response to one of its Assistant Staff or Bar Counsels. Wichrowski the Florida Bar's Tampa Branch Office supervised by Chief Branch Discipline Counsel Sheila Marie Tuma or the Florida Bar's Tallahassee Branch Office supervised by Chief Branch Discipline Counsel Allison Carden Sackett. Lauderdale Branch Office supervised by Chief Branch Discipline Counsel Alan Pascal the Florida Bar's Orlando Branch Office supervised by Chief Branch Discipline Counsel Jan K. office in The Florida Bar's Tallahassee Headquarters determines the inquiry requires your response, but delegates the receipt and analysis of that response to one of The Florida Bar's 5 separate branch offices: the Florida Bar's Miami Branch Office supervised by Chief Branch Discipline Counsel Arlene K. Keep in mind that The Florida Bar person and office that determined you are required to respond to the inquiry may not be the same Bar person or office that will receive and analyze your response to the inquiry. One who quickly "lawyers up" could create a perception of needing a defense or having something to hide. The Florida Bar is making decisions based upon imperfect knowledge and perceptions. When you "lawyer up" immediately, you can send the wrong signal. There are times when it is the wrong approach to have your Bar grievance defense attorney's name or fingerprints upon your answer to the initial inquiry. Many Bar grievance defense lawyers will tell you never to answer the Bar Complaint yourself, but instead to hire a Bar grievance defense attorney to do so for you. A plethora of case law precedent shows the Supreme Court of Florida will not hesitate to punish you for failing to respond properly. Miss that deadline, and you may have violated The Rule Regulating The Florida Bar that makes it unethical to fail to provide a proper response. Once you receive that initial inquiry from The Florida Bar, you must respond within 15 days. If intake counsel determines that the allegations do not warrant discipline, then the case is closed immediately without further action against the attorney." The important lesson from this is that if a Bar Complaint is sent to you by The Florida Bar, then someone at The Bar has determined that your case may warrant discipline. That's because when a " complaint is submitted to the Bar, but before charges are filed, intake counsel conducts a preliminary investigation. The Florida Bar's procedure for investigating and prosecuting discipline complaints may begin and end without you ever knowing it. Responding In Writing to an Initial Ethics Inquiry from The Florida Bar: Of course, we would be flattered to assist you further if you choose to contact us for a confidential consultation. The Florida Bar's own website contains an overview of The Florida Bar discipline system and offers The Bar's suggestion of the 10 most important things to know about lawyer regulation by The Florida Bar. We hope this article provides you with further insight, and with helpful checklists of what to do or say at various stages of the process. Whether or not you feel The Florida Bar's discipline system is perfect, you must know how to navigate it successfully if you wish to save your license and your reputation. Quote from: Warren Trazenfeld (April 2012) as reported in the South Florida Business Journal. The staff is overwhelmed, and there is not uniformity in the system whatsoever.” “ The Florida Bar’s discipline system itself is entirely broken. How The Florida Bar Prosecutes Florida Attorneys:
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