Have you recieved a Florida Bar complaint?

Aaron O’Brien has experience defending fellow attorneys facing Florida Bar grievances and disciplinary complaints. 

If you are a Florida attorney and have received a Bar Complaint, what should you do?

First, do nothing – at least not immediately.  All too often, lawyers react to a Bar complaint by quickly firing off an angry, defensive, or overly detailed response.  This is unwise.

Of course, failing to timely respond to a complaint is a violation in itself, but it is best to give the matter the measured consideration it deserves.  Carefully evaluate the allegations. 

Generally, it’s best to address only those matters to which you were asked to respond without unnecessarily expanding the scope of your response or unnecessarily attacking the complainant.  Also review the applicable Rules Regulating The Florida Bar.  Never underestimate the seriousness of a Florida Bar grievance.  

It is also best to consult with an objective lawyer who is removed from the facts and emotions surrounding the complaint.

Attorneys frequently consult with Aaron O’Brien on a strictly confidential basis before responding to the Bar complaint.  During that initial stage, Mr. O’Brien will review the allegations, the facts and circumstances, the applicable Rules Regulating The Florida Bar, assist you in formulating and drafting your response, and help ensure compliance with Rule 3-7.1(f) of the Rules Regulating the Florida Bar.

In most cases, at this stage, there is no Notice of Appearance filed on your behalf.  Instead, you remain the attorney responding to the Bar while having an experienced, objective lawyer behind the scenes to provide advice, identify potential issues, and help prepare your response.

Mr. O’Brien has assisted numerous members of The Florida Bar whose grievance matters have concluded at this stage, without further disciplinary proceedings, and without the matter becoming public.

If the matter is referred to a Grievance Committee, or if The Florida Bar ultimately files a formal complaint, Mr. O’Brien can provide formal representation through the disciplinary process.

Could you represent yourself?  Of course.  But, forgive the phrase, you may have a fool for a client.

The Florida Bar will have an attorney representing its interests.  That attorney, called Bar Counsel, serves in an adversarial, prosecutorial role during formal disciplinary proceedings.  At that point, there is considerable value in having an experienced attorney on your side—someone who can evaluate the case objectively, advocate for you, and allow you to stop being both the lawyer and the client.

If you are a Florida attorney who has received a Bar Complaint or is facing a disciplinary matter, contact Attorney Aaron O’Brien right away.