aDDressing unprofessionaLism: Bar grievance vs. the Lpp
Professionalism & Ethics Committee
Chairs: Joan Boles – Bay Area Legal Services & Lynn Hanshaw – Langford & Myers, P.A.
U
nprofessional conduct
can be addressed in
two ways — Bar
grievances and the
Local Professionalism Panel (LPP).
The harsher path — Bar grievances
— is paved with complaints made
to The Florida Bar.
As an arm of the Florida
Supreme Court, the Bar administers
the statewide disciplinary system,
enforcing the Rules of Professional
Conduct for its legions of lawyers.
To do that, the Bar accepts
complaints against attorneys,
investigates those allegations, and
then prosecutes attorneys who
have allegedly violated the Rules.
Complaints are made, under
oath, to the Attorney/Consumer
Assistance Program or are formally
filed. The accused attorney is
informed of the allegations and
who made them. If the matter
is not resolved informally, it is
referred to a local Bar office
and then to a local Grievance
Committee. That committee
of lawyers and public members
determine whether there is
probable cause to believe the
lawyer violated the Rules. If
it advances, local Bar counsel
prosecutes the matter in a bench-
trial-like proceeding before a
circuit judge appointed by the
Florida Supreme Court. That
judge, acting as a “Bar referee,”
produces a Final Report, which
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The goal is to
includes findings
mentor and advise;
of facts and
to give attorneys
conclusions of
who may need
law regarding
some guidance
whether any rules
on professionalism
of professional
and courtesy the
conduct were
benefit of time
violated, as well
and attention from
as a recommended
the grievance process
experienced and
punishment. The
well-respected
Florida Supreme
is not the only
attorneys and
Court either
intervention tool
judges. When
adopts that
used, the LPP
recommendation,
available to address
can also reduce
or imposes a less
attorney behavior,
the number of
or more severe
less serious, non-
punishment. Public
or better yet,
sanctionable cases
reprimands, fines