Get Florida Complaint Form

Get Florida Complaint Form

The Florida Complaint form is a document used to formally report grievances against attorneys in Florida. This form allows individuals to outline their complaints, providing essential details about the attorney involved and the nature of the allegations. For those considering submitting a complaint, it's crucial to follow the guidelines carefully to ensure proper processing.

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Structure

Filing a complaint against an attorney can be a daunting task, but the Florida Complaint form is designed to streamline the process and ensure that your concerns are heard. This form serves as a crucial tool for individuals who believe an attorney has acted unethically or violated professional conduct rules. It consists of several key sections that guide you through providing essential information. You'll start by detailing your personal information, including your name, address, and contact details. Next, you'll identify the attorney in question, ensuring that you provide accurate contact information to avoid any confusion. The heart of the form lies in the section dedicated to outlining your allegations—here, you’ll describe the events that prompted your complaint in chronological order, attaching any relevant documents as evidence. If there are witnesses who can support your claims, you can list their information as well. Finally, your signature certifies that the information you provided is true to the best of your knowledge. Remember, this form is not just a piece of paper; it’s your voice in the legal system, aimed at promoting accountability and integrity within the profession.

Florida Complaint Preview

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 Data

Fact Name Description
Governing Law The Florida Bar regulates attorney conduct under the Rules Regulating The Florida Bar.
Submission Limit Complaints can include up to 25 pages, including the inquiry/complaint form.
Contact Information Complainants must provide their name, address, phone number, and email address, if available.
Single Attorney Rule Only one attorney can be named per complaint form; additional forms are required for more attorneys.
Evidence Submission Photocopies of supporting documents are required; original documents should not be submitted.
Signature Requirement The form must be signed, certifying that the allegations are true, under penalty of perjury.

How to Use Florida Complaint

Filling out the Florida Complaint form is an important step in addressing your concerns about an attorney's conduct. After completing the form, you will need to submit it to The Florida Bar for review. Be sure to follow the instructions carefully to ensure your complaint is processed smoothly.

  1. Gather Your Information: Collect all necessary details about yourself and the attorney involved, including names, addresses, and phone numbers.
  2. Complainant Information: In Part One, provide your name, organization (if applicable), address, city, state, zip code, telephone number, and email address. If you have contacted the Attorney/Consumer Assistance Program (ACAP), include your reference number. Indicate if you have previously filed complaints and if the matter is currently in litigation.
  3. Attorney Information: In Part Two, fill in the attorney’s name, address, city, state, zip code, and telephone number. Remember, only list one attorney per form.
  4. Facts/Allegations: In Part Three, describe the specific issues you are complaining about. Provide details in chronological order and include dates where possible. If you need extra space, attach additional sheets and number them. Mark any attached documents as exhibits (A, B, C, etc.) and refer to them in your description.
  5. Witnesses: In Part Four, if you have witnesses, list their names, addresses, and phone numbers on an additional sheet. Briefly describe what each witness would testify about. If there are no witnesses, the form will be processed without that information.
  6. Signature: In Part Five, sign and date the form, certifying that your allegations are true. Remember, unsworn complaints will not be considered.
  7. Mail the Form: Send the original completed form to The Florida Bar via U.S. Mail. Make sure to follow the mailing instructions provided to ensure timely processing.

Once your complaint is submitted, The Florida Bar will review it and may reach out for additional information if necessary. You will receive a written explanation if your inquiry is closed. Keep in mind that the process may take time, depending on the complexity of the allegations.

Key Facts about Florida Complaint

What is the Florida Complaint form used for?

The Florida Complaint form is designed for individuals who wish to report concerns about the conduct of an attorney licensed to practice in Florida. This form allows you to formally submit your complaint to The Florida Bar, which will review the allegations to determine if any violations of professional conduct have occurred. It is important to note that this process does not provide legal advice or intervene in civil or criminal matters.

How do I fill out the Florida Complaint form?

To complete the Florida Complaint form, you should follow several key steps. Start by providing your personal information in Part One, including your name, address, and contact details. In Part Two, list the attorney's information, ensuring you provide accurate details, as many attorneys may share similar names. In Part Three, describe your complaint in detail, including dates and supporting facts. If you have witnesses, include their information in Part Four. Finally, sign the form in Part Five to certify that your allegations are true. Remember to print or type your responses in black ink only.

What should I do if I have already contacted ACAP?

If you have already contacted the Attorney/Consumer Assistance Program (ACAP) regarding your issue, it is important to include your ACAP reference number on the complaint form. This helps streamline the process and allows The Florida Bar to better understand your situation. It is also advisable to mention any previous complaints you may have filed against the same attorney, as this information can be relevant to your current submission.

Are there any restrictions on the documents I can submit with my complaint?

Yes, there are specific guidelines regarding the documents you can include with your complaint. You may submit up to 25 pages total, which includes the complaint form and any attached exhibits. Do not submit original documents, as they will not be returned. Instead, provide photocopies and ensure that any confidential or privileged information is redacted. This includes sensitive details like social security numbers or medical records. If you have documents that contain such information, describe their nature and indicate that they can be provided upon request.

What happens after I submit my complaint?

Once you submit your complaint, The Florida Bar will review it to determine if it warrants further investigation. The level of inquiry may vary based on the complexity of the allegations. If your complaint is closed without action, you will receive a written explanation detailing the reasons for this decision. It is important to understand that there is no right to appeal a decision not to pursue an investigation.

Can I submit multiple complaints on one form?

Common mistakes

When filling out the Florida Complaint form, many individuals make common mistakes that can hinder their complaint process. One frequent error is failing to provide complete contact information. The form requires not only your name but also your address and phone number. Omitting any of these details can lead to delays or even the rejection of your complaint. Always ensure that all requested information is accurately filled out.

Another mistake often seen is not clearly identifying the attorney involved. It is crucial to provide the full name, address, and phone number of the attorney you are complaining about. Many lawyers share similar names, so including the correct address helps to avoid confusion. Submitting a complaint about the wrong attorney can significantly complicate matters and prolong the resolution process.

Many people also neglect to provide sufficient details about their allegations. The form asks for a chronological account of the events that led to the complaint. Simply stating that you had a negative experience is not enough. You must include specific facts, dates, and any supporting documents. If you only provide vague allegations, the Florida Bar may request additional information, which can delay your complaint's progress.

Lastly, individuals often forget to sign the form. The signature is a critical component of the submission, as it certifies that the information provided is true. Submitting an unsigned form means that it will not be considered, and the complaint process will not move forward. Always double-check that you have signed the form before mailing it to ensure that your complaint is accepted.

Documents used along the form

When filing a complaint with The Florida Bar, several other documents may accompany the Florida Complaint form to provide additional context and support for your case. These documents help clarify the issues at hand and ensure a thorough review of your complaint. Below are some common forms and documents often used alongside the Florida Complaint form.

  • Exhibits: These are copies of any relevant documents, such as emails, letters, or contracts that support your allegations. It is essential to label these exhibits clearly (e.g., Exhibit A, Exhibit B) and refer to them in your complaint.
  • Witness List: If you have witnesses who can support your claims, a separate list should be provided. This list should include each witness's name, contact information, and a brief description of what they can testify about.
  • Prior Complaints: If you have previously filed complaints against the same attorney or any other attorneys, including a summary of those complaints can provide context. This information helps the Bar understand any patterns of behavior.
  • Litigation Information: If your complaint relates to a matter currently in litigation, you may need to provide details about the case, including the court where it is filed and the case number. This information helps the Bar assess the situation appropriately.
  • Cover Letter: While not mandatory, a cover letter can be helpful. It allows you to summarize your complaint and explain any additional context or urgency. A clear and concise letter can guide the reader through your submission.

Including these documents with your Florida Complaint form can enhance the clarity and effectiveness of your submission. It is important to ensure that everything is organized and easy to follow, as this will facilitate a smoother review process by The Florida Bar.

Similar forms

The Florida Complaint form is an important document used to file complaints against attorneys. It shares similarities with several other legal documents. Here is a list of nine documents that are similar to the Florida Complaint form, along with a brief explanation of how they are alike:

  • Grievance Form: Like the Florida Complaint form, a grievance form allows individuals to report misconduct or unethical behavior by professionals, often within specific industries or organizations.
  • Claim Form: A claim form is used to assert a right to compensation or remedy. Similar to the Florida Complaint form, it requires detailed information about the incident and the parties involved.
  • Notice of Intent: This document serves as a preliminary notice before formal action is taken. It parallels the Florida Complaint form in that it outlines the issues and the parties involved, often seeking resolution before escalation.
  • Petition: A petition is filed to request a specific action from a court. Much like the Florida Complaint form, it must include factual allegations and the relief sought.
  • Affidavit: An affidavit is a sworn statement made under oath. Similar to the Florida Complaint form, it must be truthful and is often used to support claims made in legal proceedings.
  • Demand Letter: A demand letter outlines grievances and requests action or compensation. It shares similarities with the Florida Complaint form in its purpose of formally addressing complaints.
  • Complaint for Civil Action: This document initiates a lawsuit and details the claims against the defendant. It is akin to the Florida Complaint form in that it requires factual details and identification of the parties involved.
  • Report of Misconduct: This document is used to report professional misconduct to regulatory bodies. Like the Florida Complaint form, it requires specific details about the alleged misconduct.
  • Request for Investigation: This document requests an official inquiry into a matter. Similar to the Florida Complaint form, it outlines the concerns and provides necessary information for the investigation.

Each of these documents serves a unique purpose but shares the common goal of addressing grievances and seeking resolution.

Dos and Don'ts

When filling out the Florida Complaint form, it is essential to follow specific guidelines to ensure your submission is processed efficiently. Below is a list of important dos and don’ts to consider.

  • Do read all instructions carefully before starting the form.
  • Do provide accurate and complete contact information, including your name, address, and phone number.
  • Do include the name and address of the attorney you are complaining about.
  • Do describe your complaint in detail, including dates and specific facts.
  • Do attach photocopies of relevant documents, marking them as exhibits.
  • Don't submit original documents, as they will not be returned.
  • Don't include confidential or privileged information in your submission.
  • Don't bind or index your documents; keep them simple and straightforward.
  • Don't submit media such as audio tapes, CDs, or oversized documents.
  • Don't forget to sign the form and certify that your allegations are true.

Adhering to these guidelines will help facilitate the processing of your complaint and ensure that all necessary information is included for review.

Misconceptions

Here are nine common misconceptions about the Florida Complaint form:

  • The Florida Bar can give legal advice. Many people think that the Bar provides legal advice, but they cannot assist with legal questions or intervene in civil or criminal cases.
  • You can file a complaint against any attorney. Complaints can only be filed against individual attorneys, not law firms or judges.
  • Original documents should be submitted. Only the complaint form should be submitted as an original; all other documents must be photocopies.
  • You can submit unlimited pages. The complaint form has a strict limit of 25 pages, including any attachments.
  • Highlighting is acceptable. Highlighting documents can obscure text when scanned, so it is not allowed.
  • Confidential information is safe to include. Any confidential or privileged information must be redacted, as submitted documents become public records.
  • You can appeal a closed complaint. There is no right to appeal if the Bar decides not to pursue your complaint.
  • Witnesses must be included for a complaint to be valid. Complaints will be considered even without witnesses; however, including them can strengthen your case.
  • The complaint process is quick. The investigation's duration can vary significantly based on the complexity of the allegations.

Key takeaways

  • Read Instructions Carefully: Before filling out the Florida Complaint form, take the time to thoroughly read all provided instructions. Incomplete or incorrect forms may be returned for correction.

  • Contact ACAP First: If you have not already done so, reach out to the Attorney/Consumer Assistance Program (ACAP) at the toll-free number provided. They may help resolve your issue without the need for a formal complaint.

  • Limit Submission Length: Your submission, including the complaint form and any attachments, should not exceed 25 pages. If you have more documents, mention them in your complaint.

  • Use Black Ink: Always print or type your responses in black ink. This ensures clarity and readability when the form is scanned into an electronic record.

  • Single Attorney per Form: Each complaint form should only address one attorney. If you need to file against multiple attorneys, make copies of the form for each.

  • Detail Your Allegations: In the section for facts and allegations, provide a clear, chronological account of your complaint. Include dates and specific details to support your claims.

  • Witness Information: If you have witnesses, list their names and contact information on a separate sheet. If no witnesses are available, the Bar will assume you are the only one with relevant information.

  • Sign and Certify: Make sure to sign the form and certify that your allegations are true. Unsigned complaints will not be processed.