How to File a Complaint Against a Miami Attorney

How to File a Complaint Against a Miami Attorney

Filing a complaint against an attorney in Miami can seem intimidating. But it’s an important process that helps uphold ethical standards in the legal profession. This article will walk you through the steps so you can file a complaint confidently.

Do You Have a Valid Complaint?

First, make sure you have a legitimate reason to file a grievance. Examples include:

• Breaching confidentiality
• Misusing client funds
• Failing to communicate with you
• Missing deadlines
• Practicing law without a license

You’ll need to show how the attorney’s actions harmed you. For instance, missing a deadline could have cost you the chance to file a lawsuit.

If it was an honest mistake, you may want to resolve it directly with the lawyer first. But serious or repeated misconduct should be reported.

Gather Supporting Documents

To back up your complaint, gather any relevant records. This includes:

• Retainer agreement
• Emails and letters
• Court documents
• Receipts for payments
• Notes from meetings

These will help prove your claims against the attorney. Make copies to submit with the complaint.

File the Complaint Form

You can find the grievance form on the Florida Bar Association website. Here’s how to fill it out:

• Provide your name and contact info. List the attorney’s name, firm, address and phone number too.
• Explain what happened in detail. Focus on just the facts.
• Attach copies of supporting documents. But don’t submit more than 25 pages total.
• Sign the form and declare “under penalty of perjury” that it’s truthful.

You can submit the completed form by email, fax or mail. We’ll include that contact info at the end.

What Happens Next?

The Florida Bar will review your complaint to verify they have jurisdiction. If so, they’ll open a disciplinary file and investigate further.

The attorney will get a chance to respond to your allegations. You’ll receive a copy of their response.

Then the complaint may go to a grievance committee for a hearing. You’ll likely have to testify to share your side.

The whole process can take several months depending on the circumstances. A lawyer can help if your case is complex.

Tips for a Successful Complaint

• Stick to factual statements only. Don’t speculate on the attorney’s motives.
• Be detailed in explaining how their actions harmed you. Quantify financial losses if possible.
• Respond promptly if the Bar needs more info from you. Delaying the process can get your complaint dismissed.
• Hire an attorney if the grievance is especially serious or complex. They can strengthen your case.
• Be prepared to testify at a hearing if required. Bring documents and notes to stay organized.

Contact Information to File Your Complaint

You can submit the Florida Bar complaint form by:

Email: UPL@floridabar.org

Fax: (850) 561-5825

Mail:

The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300

Understanding the Disciplinary Process

Lawyer discipline aims to protect the public, not punish attorneys. But it can still feel adversarial as the accused tries to defend themselves.

Possible outcomes range from a dismissal to disbarment:

• Dismissal: The complaint is found to be unsubstantiated. This closes the matter.
• Admonishment: The attorney receives a formal warning for minor misconduct.
• Reprimand: This public sanction appears on the lawyer’s record for up to 10 years.
• Probation: Conditions are placed on the attorney’s practice for a set period.
• Suspension: The lawyer’s license is revoked for up to 5 years, stopping them from practicing law.
• Disbarment: This permanent revocation of the license is for extreme misconduct.

The severity depends on factors like:

• The nature and impact of the violation
• Whether it was intentional
• If the attorney has prior discipline

Serious cases go to the Florida Supreme Court for final judgment.

What Happens if Your Complaint is Dismissed?

Don’t get discouraged if the Bar dismisses your grievance. Their decision doesn’t mean the lawyer acted ethically. It may indicate:

• Insufficient evidence of misconduct
• The allegations didn’t violate Bar rules
• You delayed filing the complaint

If you feel the dismissal was unjustified, consult a legal malpractice attorney. They can assess if you have grounds for an appeal or lawsuit. Don’t try to resolve a complex complaint without professional guidance.

Finding the Right Lawyer to Help You

If your complaint involves serious misconduct or complex issues, hire a lawyer experienced with the grievance process. They can:

• Review your complaint and evidence to build the strongest case
• Help gather additional documents you may be lacking
• Advise you on the disciplinary procedures and your rights
• Represent you if a hearing is required
• Assess options if your complaint gets dismissed

Look for a lawyer who specializes in legal malpractice and professional responsibility cases. Ask about their track record with Bar complaints when interviewing attorneys. This expertise can make or break your chances of success.

Alternatives to Filing an Official Grievance

In some cases, you may want to try resolving your attorney complaint informally first. This can be faster and less adversarial. Options include:

• Requesting fee arbitration through a local bar association
• Hiring a separate attorney to negotiate a settlement
• Mediation if the lawyer agrees to participate

But for serious ethical breaches, filing an official grievance is likely your best recourse. Don’t let an unethical attorney get away with misconduct that could harm other clients too.