Reporting Overbilling and Misconduct of Miami Lawyers

Reporting Overbilling and Misconduct of Miami Lawyers

Dealing with a lawyer can be stressful enough without having to worry about being overcharged or taken advantage of. Unfortunately, some lawyers in Miami have engaged in misconduct like overbilling clients or mishandling cases. If you suspect your lawyer has overbilled you or acted unethically, it’s important to know how to file a complaint.

The Florida Bar Association regulates lawyer conduct and investigates complaints against attorneys licensed in the state. Here’s what you need to know about reporting lawyer misconduct in Miami:

Types of Misconduct to Report

Some common types of lawyer misconduct in Miami to be aware of include:

• Overbilling – Charging for work not performed, inflating hours, double billing
• Mishandling client money or property
• Lying or misrepresenting details about your case
• Failing to communicate or keep you updated on your case
• Missing deadlines or court dates
• Practicing law while impaired by drugs/alcohol
• Sharing confidential client information

This isn’t a complete list, but it covers some of the most common complaints against Miami attorneys. If your lawyer’s actions seem unethical, trust your gut and consider filing a report.

How to File a Complaint in Miami

To report an attorney’s misconduct in Miami, you can file a complaint with the Florida Bar Association. Here are the steps:

1. Get a complaint form – Available on the Florida Bar website here or by calling (866) 352-0707.
2. Fill out the form – Provide details about the attorney’s conduct and attach any supporting documents.
3. Submit the complaint – By email to complaints@floridabar.org or mail to The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-2300.

Complaints can also be filed by calling The Florida Bar or submitting a complaint through their website. It’s free to file a grievance with The Florida Bar.

What Happens After You File

After you submit a complaint, here’s what happens:

• The Florida Bar will review your complaint and may request additional documentation.
• If the complaint merits investigation, it gets sent to the appropriate grievance committee.
• The committee investigates by interviewing the attorney and possibly you as the complainant.
• If evidence of misconduct is found, The Florida Bar will prosecute the attorney in the state Supreme Court.
• The court holds a public trial to determine if the attorney violated ethics rules and if discipline is warranted.
• Possible discipline includes reprimand, probation, suspension, and disbarment.

The whole process can take many months from start to finish. You’ll be notified when a decision is made, but details of disciplinary cases are confidential.

Other Options for Reporting

In addition to The Florida Bar, you may also want to report lawyer misconduct to:

• Florida Attorney General – Can prosecute violations of Florida’s Unfair and Deceptive Trade Practices Act. File a complaint here.
• State attorney’s office – For criminal law violations. Find your local office here.
• Better Business Bureau – Reports impact the attorney’s BBB rating. File a report here.

Reporting to multiple organizations creates a paper trail and applies pressure on unethical lawyers to change their ways.

Recovering Financial Losses

Reporting misconduct is important to prevent continued unethical behavior. But it likely won’t recover any financial losses you suffered. To recoup monetary damages, consider:

• Filing a lawsuit – Consult with a civil litigation attorney about suing for malpractice.
• Fee arbitration – The Florida Bar offers arbitration for fee disputes of $5,000 or less.
• Restitution – May be awarded if the attorney is disciplined by the Supreme Court.

An experienced attorney can advise you on the likelihood of success of various options based on your specific circumstances.

Beware of Retaliation

It’s illegal for an attorney to retaliate against a client for filing an ethics complaint. But it still happens. Don’t be surprised if the lawyer:

• Files a motion to withdraw as your counsel
• Lies and says you consented to their fees or actions
• Threatens to report you to the bar for making a “false” complaint
• Sues you for defamation or libel (rare)

Document all communication and stay calm. Seek legal help immediately if you feel unsafe or are sued.

How to Avoid Bad Lawyers in the First Place

While reporting misconduct helps protect others, you’re better off avoiding unethical lawyers completely. Here are tips to find an honest attorney:

• Ask people you trust for referrals.
• Research lawyers on sites like Avvo and Google reviews.
• Meet with the lawyer before hiring to assess their communication style.
• Choose an attorney with experience in your specific legal issue.
• Understand fee structure and get retainer agreement in writing.
• Review monthly invoices in detail before paying.
• Don’t choose a lawyer based on ads or billboards alone.

Taking time to find the right legal counsel reduces the chances you’ll need to report misconduct down the road.

The Bottom Line

Dealing with a bad lawyer can be frustrating. But reporting misconduct to The Florida Bar and other organizations can help hold them accountable. And filing a civil lawsuit may allow you to recover financial damages. With the right steps, justice can be served.