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When stepping forward to voice concerns about the conduct of an attorney in Florida, the Florida Complaint Form serves as a key initial step. This detailed document, rooted in a process overseen by The Florida Bar, outlines a structured pathway for clients or consumers to register their grievances. Before completing this inquiry/complaint form, individuals are encouraged to read the instructions carefully to ensure accuracy and completeness, which in turn, assists in avoiding unnecessary delays. The form requires the complainant to provide personal details, information about the attorney in question, a chronological description of the facts or allegations, and any pertinent witnesses' details. Additionally, it mandates the submission of any supportive documentation, capped at 25 pages, including the form itself, to substantiate the complaint. This stipulation underscores the importance of concise, evidence-based submissions. Importantly, the Florida Bar emphasizes that complaints must be signed under penalty of perjury, highlighting the seriousness with which these allegations are received. Moreover, once submitted, the documents become part of the public record, urging submitters to redact any confidential information. Through this rigorous process, the Florida Bar seeks to uphold the integrity of the legal profession by investigating alleged misconduct, thereby maintaining public confidence in the legal system.

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The Florida Bar

651 E. Jefferson Street

Tallahassee, Florida 32399-2300

Toll Free 1-866-352-0707 (ACAP)

IMPORTANT INSTRUCTIONS YOU MUST READ PRIOR TO FILLING OUT THE INQUIRY/COMPLAINT

FORM

Please read all instructions carefully before completing the inquiry/complaint form. If the form is not properly completed it may be returned for correction. You may submit up to 25 pages including the inquiry/complaint form. If you have not already done so, you should contact the Attorney/Consumer Assistance Program (ACAP) at the above toll free number, to see if they can help resolve the matter about which you wish to complain. Please print or type in black ink only.

PLEASE NOTE: The Florida Bar cannot intervene on your behalf in a civil or criminal case, nor can we give you legal advice. We do not have jurisdiction to consider complaints against judges and many elected officials. Our lawyer regulation department considers whether an attorney has violated our rules of conduct and determines whether, under the totality of the circumstances, the attorney should receive some type of discipline. The level of investigation varies depending on the complexity of the allegations. If your inquiry/complaint is closed, you will receive a written explanation of the reasons why. There is no right to appeal a decision not to pursue an investigation.

PART ONE – Complainant Information. You must give your name, address and phone number. If you have an email address, please provide that information as well. If you have already contacted ACAP, please indicate your ACAP reference number in the space provided. If you have previously filed a complaint with our office against a member of The Florida Bar, please indicate how many complaints you have filed. If your inquiry/complaint pertains to a matter currently in litigation, please indicate that in the space provided.

PART TWO – Attorney Information. You must give the name, address and phone number of the subject attorney. The address of the attorney is particularly important as many lawyers have the same or similar names. List only one attorney per form (you may copy this form if you need additional copies). The Florida Bar processes inquiry/complaint forms only against individual attorneys, not against law firms.

PART THREE – Facts/Allegations. Describe each thing about which you are complaining. Recite all of the details, in chronological order, supplying dates where possible. Please number any additional pages you attach. If you have letters, documents or other evidence, you should attach photocopies (DO NOT SEND ORIGINAL DOCUMENTS). It is helpful if you mark your attachments as exhibits (A, B, C, etc.), and refer to them in your description of your complaint. Please be aware that simply alleging conclusions without setting out facts that support those conclusions will result in the need for the Bar to ask you for additional information and may delay a disposition of your complaint.

PART FOUR – Witnesses. Your inquiry/complaint will be considered even if there are no witnesses. If you have witnesses, attach an additional sheet, listing nothing but witnesses, with the name, address and telephone number for each witness, and include a brief description of the facts about which that witness would testify. If you do not attach a list of witnesses, we will presume that you have no witnesses, other than the attorney and yourself.

PART FIVE – Signature. You must sign the form and certify under penalty of perjury that your allegations are true.

Unsworn complaints are not considered. Submit the original inquiry/complaint form to our office via U.S. Mail. Photocopies of your signature are not accepted.

RETURN TO:

The Florida Bar

Attorney/Consumer Assistance Program (ACAP)

651 East Jefferson Street

Tallahassee, Florida 32399-2300

NOTICE

Mailing Instructions

The Florida Bar converts its disciplinary files to electronic media. All submissions are being scanned into an electronic record and hard copies are discarded. To help ensure the timely processing of your inquiry/complaint, please review the following guidelines prior to submitting it to our office.

1.Please limit your submission to no more than 25 pages including exhibits. If you have additional documents available, please make reference to them in your written submission as available upon request. Should Bar counsel need to obtain copies of any such documents, a subsequent request will be sent to you.

2.Please do not bind, or index your documents. You may underline but do not highlight documents under any circumstances. We scan documents for use in our disciplinary files and when scanned, your document highlighting will either not be picked up or may obscure any underlying text.

3.Please refrain from attaching media such as audio tapes or CDs, oversized documents, or photographs. We cannot process any media that cannot be scanned into the electronic record.

4.Please do not submit your original documents. All documents will be discarded after scanning and we will not be able to return any originals submitted to our office. The only original document that should be provided to our office is the inquiry/complaint form.

5.Please do not submit confidential or privileged information. Documents submitted to our office become public record. Confidential/privileged information should be redacted. Such information includes, but is not limited to, bank account numbers, social security numbers, credit card account numbers, medical records, dependency matters, termination of parental rights, guardian ad litem records, child abuse records, adoption records, documents containing names of minor children, original birth and death certificates, Baker Act records, grand jury records, and juvenile delinquency records. If information of this nature is important to your submission, please describe the nature of the information and indicate that it is available upon request. Bar counsel will contact you to make appropriate arrangements for the protection of any such information that is required as part of the investigation of the complaint.

Please be aware that materials received that do not meet these guidelines may be returned. Thank you for your consideration in this respect.

The Florida Bar

Inquiry/Complaint Form

PART ONE (See Page 1, PART ONE – Complainant Information.):

Your Name: _________________________________________________________________________

Organization: ________________________________________________________________________

Address: ____________________________________________________________________________

City, State, Zip Code: __________________________________________________________________

Telephone: __________________________________________________________________________

E-mail: _____________________________________________________________________________

ACAP Reference No.: _________________________________________________________________

Have you ever filed a complaint against a member of The Florida Bar: Yes

No

If yes, how many complaints have you filed? ______

 

Does this complaint pertain to a matter currently in litigation? Yes

No

PART TWO (See Page 1, PART TWO – Attorney Information.):

Attorney’s Name: _____________________________________________________________________

Address: ____________________________________________________________________________

City, State, Zip Code: __________________________________________________________________

Telephone: __________________________________________________________________________

PART THREE (See Page 1, PART THREE – Facts/Allegations.): The specific thing or things I

am complaining about are: (attach additional sheets as necessary)

PART FOUR (See Page 1, PART FOUR – Witnesses.): The witnesses in support of my

allegations are: [see attached sheet].

PART FIVE (See Page 1, PART FIVE – Signature.): Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.

_________________________________________________

Print Name

_________________________________________________

Signature

_________________________________________________

Date

Document Overview

Fact Detail
Form Address The Florida Bar 651 E. Jefferson Street Tallahassee, Florida 32399-2300
Contact Method Toll Free 1-866-352-0707 (ACAP)
Submission Limitation Submission to the Florida Bar must not exceed 25 pages, including the inquiry/complaint form and any exhibits.
Pre-Filing Requirement Before filing, contact the Attorney/Consumer Assistance Program (ACAP) to see if the matter can be resolved without formal complaint.
Complaint Focus Focuses on attorney conduct; does not have jurisdiction over judges and many elected officials.
Investigation Conditions The depth of investigation depends on the complexity of allegations. There is no right to appeal a decision to not pursue an investigation.
Required Complainant Information Complainants must provide name, address, phone number, email address (if available), and any relevant ACAP reference numbers.
Attorney Information The complaint form must include the name, address, and phone number of the subject attorney, one attorney per form.
Filing Instructions Forms must be signed and submitted via U.S. Mail with an original signature. Highlighting on documents is discouraged for scanning purposes.

Instructions on How to Fill Out Florida Complaint

Filing a complaint about an attorney's conduct can feel like a daunting task, especially when it involves navigating legal forms. However, taking this step is crucial for upholding the integrity of the legal profession and ensuring that standards are maintained. The Florida Complaint form serves as a structured way to report concerns or allegations against an attorney practicing in Florida. It's important to approach this process with clarity and attention to detail to ensure that your complaint is considered appropriately. Below are step-by-step instructions for filling out the Florida Complaint form to help guide you through this process.

  1. Before filling out the form, read all the provided instructions carefully to ensure a complete and correctly formatted submission.
  2. Prepare to use black ink for print or type submissions, as required.
  3. Contact the Attorney/Consumer Assistance Program (ACAP) using the toll-free number 1-866-352-0707 if you haven't already, to explore resolution options before filing a complaint.
  4. PART ONE – Complainant Information:
    • Enter your full name, organization (if applicable), and complete address including city, state, and zip code.
    • Provide a valid telephone number and, if available, an email address.
    • If you have contacted ACAP earlier, fill in your ACAP reference number.
    • Indicate whether you have previously filed any complaints against a member of The Florida Bar and, if so, how many.
    • State if your complaint relates to a matter that is currently in litigation and check the appropriate box.
  5. PART TWO – Attorney Information:
    • Write the name of the attorney you are complaining about, ensuring you provide their complete address, including city, state, and zip code, to avoid any confusion with attorneys with similar names.
    • Include the attorney's telephone number.
  6. PART THREE – Facts/Allegations: Describe in detail the specific actions or behaviors of the attorney that you are complaining about. Organize your observations in chronological order and include dates where possible. If your description extends beyond the space provided, attach additional sheets and number them accordingly. Attach photocopies of any relevant documents or evidence as exhibits, clearly marking each and referring to them in your narrative. Remember that conclusions without supporting facts may lead to requests for further information, potentially delaying the process.
  7. PART FOUR – Witnesses: If you have witnesses who can support your allegations, attach an additional sheet listing their names, addresses, and telephone numbers. Provide a brief description of the information each witness can contribute. If there are no witnesses besides the attorney and yourself, it's important to note that absence on the form.
  8. PART FIVE – Signature:
    • Review your completed form and attached documents to ensure all information is accurate and complete.
    • Print your name, then sign and date the form, certifying under penalty of perjury that the facts you've presented are true and complete.
  9. Mail the original inquiry/complaint form and any attachments to The Florida Bar Attorney/Consumer Assistance Program (ACAP) at 651 East Jefferson Street, Tallahassee, Florida 32399-2300. Remember, photocopies of your signature are not accepted, and submission must be within the 25-page limit.

Upon receiving your form, The Florida Bar will begin the process of assessing your complaint. They will review the submitted information, possibly request further documentation, and determine the appropriate course of action based on the facts and evidence provided. While this process can take time, it's an essential part of ensuring that legal professionals in Florida adhere to the highest ethical standards.

Listed Questions and Answers

What is the purpose of the Florida Complaint form?

The Florida Complaint form is designed for individuals who wish to file a complaint against a member of The Florida Bar. It enables the Florida Bar's lawyer regulation department to consider whether an attorney has violated rules of conduct and to determine the appropriate disciplinary action, if any, based on the totality of the circumstances.

Can the Florida Bar intervene in my civil or criminal case or provide legal advice through this form?

No, The Florida Bar cannot intervene on your behalf in a civil or criminal case, nor can it provide legal advice. The purpose of this form is strictly for filing complaints about attorney conduct.

Are there any restrictions on what type of complaints can be filed?

Yes, The Florida Bar does not have jurisdiction to consider complaints against judges and many elected officials. Furthermore, it only processes complaints against individual attorneys, not law firms.

How should the inquiry/complaint form be completed?

The form must be filled out carefully, following all provided instructions. It needs to be printed or typed in black ink, including the complainant's information, attorney information, detailed facts/allegations, any witnesses, and signed by the complainant under penalty of perjury. Failure to properly complete the form may result in it being returned for correction.

Is there a page limit for the submission?

Yes, you are required to limit your submission to no more than 25 pages, including the inquiry/complaint form and any exhibits. If you have additional documents, reference them in your submission, and they may be requested by Bar counsel if needed.

What should I do with original documents?

Do not send original documents. The Florida Bar asks that you only submit photocopies of relevant documents as all submissions are converted to electronic media and original documents cannot be returned.

Can I submit electronic media, such as audio tapes or CDs, with my complaint?

No, the form and guidelines specifically advise against attaching media that cannot be scanned into the electronic record, such as audio tapes, CDs, oversized documents, or photographs. This ensures all documents can be processed and reviewed appropriately.

What happens if my complaint does not meet the submission guidelines?

If your submission does not meet the outlined guidelines, The Florida Bar may return it to you. This is to ensure that all documents are properly formatted for electronic scanning and that your complaint can be processed in a timely manner.

Common mistakes

Filling out the Florida Complaint Form seems straightforward, but it's easy to stumble over a few common mistakes. Let’s dig into these to help folks avoid them:

  1. Not providing clear and detailed facts in the allegations section. When people don't include specifics or arrange the events chronologically, it makes it hard for the Florida Bar to grasp the complaint. Details and dates are crucial for a strong case.
  2. Omitting witness information. Even if it feels like you don’t have witnesses besides yourself and the attorney, if you do, including a list with their contact information and a brief description of what they can testify about is essential. If no list is attached, it’s assumed there are no witnesses, which could weaken your position.
  3. Forgetting to sign the form or sending a photocopy of the signature. An unsigned form or a photocopy of the signature makes the complaint invalid. The original signed form is required to move forward with the complaint process.
  4. Exceeding the page limit or including irrelevant materials. Keeping submissions within the 25-page limit, including exhibits, and not attaching media that can't be scanned (like CDs or large photos) is important for processing your complaint efficiently.

Here are some more tips to consider:

  • Print or type in black ink to ensure clarity.
  • Do not send original documents, as they will be discarded after scanning. Submit only photocopies of your evidence.
  • Avoid submitting confidential information. If such info is essential, note its nature and indicate it’s available upon request, rather than including it in your submission.
  • Check that you've addressed all parts of the form, including your contact information and any previous complaints you've filed with The Florida Bar, for a smoother review process.

These tips can make a significant difference in how effectively and swiftly your complaint is handled. It's all about making it as easy as possible for the review team to understand your concerns and act on them.

Documents used along the form

When filing a Florida Complaint form, it's not uncommon to require additional documents to support your case effectively. These forms and documents play a critical role in ensuring the credibility of your complaint, providing the necessary evidence, and adhering to legal requirements. Below is a list of documents often used alongside the Florida Complaint form, each serving a specific purpose in the legal process.

  • Summons: A legal document issued by a court (or related agency) that notifies the defendant that they are being sued and specifies how and when to respond to the lawsuit.
  • Civil Cover Sheet: This form provides a summary of the lawsuit for administrative purposes, helping the court in case management and assignment.
  • Evidence List: A document that itemizes all evidence the complainant plans to present, including documents, photographs, or witness statements, to support their allegations.
  • Witness Statements: Written accounts from witnesses that provide testimonies or facts relevant to the case, which can support the complainant's position.
  • Case Information Statement: A detailed account of the case's facts, legal grounds, and the specific relief sought by the complainant, such as damages or injunctive relief.
  • Sworn Affidavit: A sworn statement made under oath, which asserts the truth of the statements contained within the document, providing a basis for the complaint.
  • Request for Production of Documents: A legal request for the defendant to provide certain documents relevant to the case, which the complainant believes will support their complaint.

Together, these documents complement the Florida Complaint form, providing a comprehensive foundation for your case. By meticulously preparing and organizing these forms, you increase the chances of a favorable outcome. Remember, each case is unique, so the specific documents needed may vary. It’s always advisable to consult with a legal professional to ensure that your documentation is complete and properly formatted.

Similar forms

The Florida Complaint form is similar to other legal documents that require the collection of personal and detailed information for a formal process. These include Civil Complaint forms used to initiate a lawsuit, Petition forms for family court matters, and Grievance forms used in various professional complaint processes.

Civil Complaint Forms are used in the legal system to initiate a civil lawsuit. Similar to the Florida Complaint form, they require the plaintiff to provide their personal information, along with specific details about their claim against the defendant. Both forms are structured to guide the complainant through presenting their case in a structured format. Also, Civil Complaint forms must be filed with the appropriate court, much like how the Florida Complaint form must be submitted to The Florida Bar. However, Civil Complaint forms are more varied, tailored to the specific jurisdiction and type of case being filed.

Petition Forms for Family Court share similarities with the Florida Complaint form in that they also require detailed personal information and a clear statement of the issue or request. These forms are typically used for matters such as divorce, child custody, or other family-related issues. Like the Florida Complaint form, Petition forms necessitate an explanation of the facts, sometimes including witnesses and evidence. Both types of documents are critical in seeking a formal remedy or decision from a legal or professional authority.

Grievance Forms used in various professions, including healthcare, education, and public service, likewise resemble the Florida Complaint form. They provide a mechanism for individuals to report misconduct, unethical behavior, or other issues relating to professionals in the field. These forms, similar to the Florida Complaint form, often require the complainant's contact information, a detailed account of the grievance, and any supporting documents or evidence. The process of submitting a grievance form, like submitting the Florida Complaint form, begins a formal inquiry into the matter, with the potential for disciplinary action.

Dos and Don'ts

When preparing to submit an inquiry or complaint to The Florida Bar, it is crucial to follow certain guidelines to ensure your form is processed efficiently and correctly. Below are lists of things you should do, as well as things you should avoid doing, when filling out the Florida Complaint form.

Things You Should Do

  1. Read all instructions carefully before you start filling out the form.
  2. Use black ink for printing or typing your information, as requested.
  3. Provide all requested information in PART ONE, including your contact details and any reference number from prior communication with the Attorney/Consumer Assistance Program (ACAP).
  4. Be accurate and detailed when listing the attorney's information in PART TWO, ensuring you specify the correct individual.
  5. Describe the facts of your complaint in chronological order in PART THREE, attaching additional pages if necessary, but keep the total submission including exhibits under 25 pages.
  6. Mark your attachments as exhibits (e.g., Exhibit A, Exhibit B, etc.) and reference them in your description to support your complaint.
  7. List witnesses, if any, in PART FOUR, including their contact information and the facts they would testify to.
  8. Sign the form in PART FIVE, certifying under penalty of perjury that your allegations are true and correct.
  9. Submit the original form via U.S. Mail, as photocopies of your signature are not accepted.
  10. Ensure that all submitted documents are copies, as original documents will not be returned after scanning.

Things You Shouldn't Do

  1. Do not proceed without first attempting to resolve the matter through ACAP if you haven't already done so.
  2. Avoid using any ink color other than black.
  3. Do not leave sections incomplete, especially those requesting specific information about you and the attorney.
  4. Refrain from listing multiple attorneys on a single form; use additional copies of the form for separate complaints.
  5. Avoid exceeding the 25-page limit for your submission, including exhibits.
  6. Do not bind or index your documents, and do not use highlighters.
  7. Avoid including media such as CDs or oversized documents that cannot be scanned into an electronic record.
  8. Do not submit original documents except for the inquiry/complaint form itself.
  9. Refrain from including confidential or privileged information in your documents without redaction or special note.
  10. Do not forget to sign and date the form under the penalties of perjury.

Following these guidelines will help ensure that your complaint is reviewed in a timely and effective manner by The Florida Bar.

Misconceptions

When it comes to the Florida Complaint Form, there are a number of misunderstandings that can lead to confusion or incorrect filings. By clarifying these misconceptions, individuals seeking to file a complaint can do so more effectively and with a better understanding of the process involved.

  • Misconception #1: The form can be used to file a complaint against anyone in the legal system, including judges and elected officials. Clarification: The Florida Bar does not have jurisdiction over complaints against judges and many elected officials, focusing instead on attorneys who may have violated rules of conduct.
  • Misconception #2: Submitting a complaint will automatically result in disciplinary action against the attorney. Clarification: The Lawyer Regulation Department assesses each complaint to determine if there has been a violation of conduct rules and what, if any, discipline is appropriate.
  • Misconception #3: You can appeal the Florida Bar's decision not to pursue an investigation. Clarification: There is no right to appeal a decision not to investigate a complaint, although the reasons for this decision will be explained in writing.
  • Misconception #4: The form allows for complaints against law firms as a whole. Clarification: The form is intended for complaints against individual attorneys, not against law firms.
  • Misconception #5: You can include as many pages of evidence as you want with your submission. Clarification: Submissions are limited to 25 pages, including the complaint form and any exhibits, to ensure efficient processing.
  • Misconception #6: Highlighting important information in your submitted documents will help your case. Clarification: Documents should not be highlighted, as this can interfere with the scanning process and obscure text.
  • Misconception #7: Original documents are required for the complaint process. Clarification: Photocopies should be submitted instead of original documents, as all papers are discarded after scanning and cannot be returned.
  • Misconception #8: Confidential or privileged information should be included to support your case. Clarification: Such information must be redacted from the documents, as submissions become part of the public record. If necessary, indicate that confidential information is available upon request for review under protective conditions.

Understanding these key points helps clarify the purpose and limitations of the Florida Complaint Form, guiding individuals through the process of filing their complaints more effectively and with realistic expectations about the outcome.

Key takeaways

Filing a complaint with The Florida Bar involves carefully following certain guidelines to ensure your submission is accepted and processed efficiently. Here are some key takeaways to bear in mind when preparing your inquiry/complaint:

  • Comprehensive Reading: It's vital to read all the instructions provided before filling out the inquiry/complaint form to avoid any mistakes that could lead to the form being returned for correction.
  • Contacting ACAP: Before submitting a complaint, reaching out to the Attorney/Consumer Assistance Program (ACAP) could help resolve the issue without the need for formal complaints. ACAP can be contacted via the toll-free number provided.
  • Accuracy and Clarity: When completing the form, use black ink only, and ensure that all information provided about yourself and the attorney you're complaining about is accurate, particularly the attorney's address to avoid any confusion with other attorneys who might have similar names.
  • Documentation: Supplying supporting documents, like letters or other evidence, alongside the inquiry/complaint form is crucial. However, original documents should not be sent, only photocopies, as the originals cannot be returned once submitted.
  • Page Limit: The submission, including exhibits, should not exceed 25 pages. If additional documentation is available, mention it in your submission as available upon request rather than including it.
  • Document Presentation: Do not bind, index, or highlight your documents, as this can interfere with the scanning process. Documents that do not comply with these guidelines may be returned.
  • Exclusion of Media: Avoid attaching media that can't be scanned, such as audio tapes or CDs, as well as any oversized documents or photographs.
  • Confidentiality: Be mindful of not including confidential or privileged information within your documents, as everything submitted becomes public record. If such information is crucial to your complaint, indicate its nature and that it's available upon request, but do not include the actual details.
  • Signature and Verification: Your signature on the form is mandatory, certifying under penalty of perjury that your allegations are true. Remember, photocopies of your signature are not accepted, so the original document must be mailed.

Adhering to these guidelines not only ensures that your complaint is valid but also facilitates a smoother evaluation process by The Florida Bar. It's about making a complex process a bit more navigable for those seeking accountability within the legal profession.

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