Article Guide
The Florida Complaint form serves as a crucial tool for individuals seeking to address grievances against attorneys licensed to practice in Florida. It is essential to complete the form accurately, as improper submissions may be returned for correction. The form consists of several parts that gather necessary information, including the complainant's details, the attorney's information, and a comprehensive account of the allegations. Complainants must provide their name, address, and contact information, along with any reference numbers from the Attorney/Consumer Assistance Program (ACAP) if applicable. Additionally, the form requires specific details about the attorney involved, emphasizing the importance of providing the correct name and address. The section detailing facts and allegations allows individuals to outline their complaints in chronological order, supported by relevant documents and evidence. Witness information can also be included, although complaints will still be considered without witnesses. Finally, the form must be signed under penalty of perjury, affirming the truthfulness of the allegations made. Submissions are limited to 25 pages, including any attachments, and must adhere to specific guidelines to ensure proper processing.
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The Florida Bar
651 E. Jefferson Street
Tallahassee, Florida
Toll Free
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
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: __________________________________________________________________________
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
Form Specifications
| Fact Name | Description |
|---|---|
| Submission Limit | The Florida Complaint form allows for a maximum of 25 pages, including the form itself and any attached exhibits. |
| Jurisdiction Limitations | The Florida Bar cannot intervene in civil or criminal cases and does not have the authority to consider complaints against judges or many elected officials. |
| Signature Requirement | The form must be signed and certified under penalty of perjury. Unsworn complaints will not be considered valid. |
| Governing Law | The Florida Bar operates under the rules set forth in the Florida Rules of Professional Conduct, which govern attorney behavior and complaints. |
Florida Complaint: Usage Guidelines
Completing the Florida Complaint form requires careful attention to detail. Each section of the form must be filled out accurately to avoid delays in processing. Once you have submitted the form, it will be reviewed, and you will receive a written explanation regarding the outcome of your inquiry or complaint.
- Obtain the Florida Complaint form from The Florida Bar website or their office.
- In Part One, provide your personal information, including your name, address, phone number, and email address. If you have contacted the Attorney/Consumer Assistance Program (ACAP), include your ACAP reference number and indicate if you have filed previous complaints or if your issue is currently in litigation.
- Move to Part Two and fill in the details of the attorney you are complaining about. Include their name, address, and phone number. Remember, only one attorney can be listed per form.
- In Part Three, describe the facts and allegations related to your complaint. Make sure to provide a chronological account of events and include specific dates where possible. If you have additional pages, number them and attach any relevant documents as photocopies, marking them as exhibits.
- Proceed to Part Four to list any witnesses. If applicable, attach a separate sheet with their names, addresses, phone numbers, and a brief description of what they can testify about.
- Finally, in Part Five, sign and date the form. Your signature certifies that the information provided is true. Remember, unsworn complaints will not be accepted.
- Mail the completed form to The Florida Bar at the address provided. Ensure that you send the original form and do not include any original documents or confidential information.
Your Questions, Answered
What is the purpose of the Florida Complaint form?
The Florida Complaint form is used to file a complaint against an attorney who may have violated the rules of conduct set by The Florida Bar. This form allows individuals to provide detailed information about their grievances, which will then be reviewed by the appropriate department within The Florida Bar. It is important to note that this form cannot be used for complaints against judges or elected officials.
What information do I need to provide on the form?
You will need to provide your personal information, including your name, address, phone number, and email. Additionally, you must include the name, address, and phone number of the attorney you are complaining about. The form also requires a detailed description of the facts surrounding your complaint, any witnesses you may have, and your signature certifying that the information is true.
Can I submit documents along with my complaint?
Yes, you can submit documents to support your complaint. However, you should only send photocopies, as original documents will not be returned. The total submission, including the complaint form and any attachments, must not exceed 25 pages. Be sure to number any additional pages and refer to them in your complaint description.
What happens if I do not complete the form correctly?
If the form is not filled out correctly, it may be returned to you for correction. To avoid delays, read all instructions carefully before completing the form. Providing clear and detailed information will help ensure that your complaint is processed smoothly.
Is there a deadline for submitting the complaint form?
Will my complaint be kept confidential?
No, the documents submitted become public records. Therefore, you should avoid including any confidential or privileged information, such as social security numbers or medical records. If such information is necessary for your complaint, describe it without disclosing sensitive details, and indicate that it can be provided upon request.
What should I do if I have additional questions?
If you have further questions or need assistance, contact the Attorney/Consumer Assistance Program (ACAP) at the toll-free number provided. They can help clarify any uncertainties you may have about the complaint process or the form itself.
Common mistakes
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Failing to Read Instructions Thoroughly: Many people overlook the importance of reading all instructions before filling out the form. This can lead to missing crucial details that could result in the form being returned for corrections.
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Inadequate Complainant Information: Providing incomplete or inaccurate personal information, such as name, address, or phone number, can hinder communication. Always double-check that all required fields are filled out correctly.
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Not Specifying the Attorney: Some individuals mistakenly list multiple attorneys or fail to provide the full name and address of the attorney involved. Remember, the form is meant for individual attorneys only, not law firms.
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Insufficient Details in Allegations: When describing the complaint, many people simply state their grievances without providing supporting facts. A detailed, chronological account is essential for the Florida Bar to properly assess the situation.
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Neglecting to List Witnesses: If there are witnesses who can support your claims, failing to include their information can weaken your case. A separate sheet should be attached, listing their names and contact details.
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Not Signing the Form: This may seem basic, but some forget to sign the form or submit it without the necessary certification. An unsworn complaint will not be considered, so ensure your signature is included.
Documents used along the form
When filing a complaint with The Florida Bar, several additional forms and documents may be necessary to support your case. Each of these documents plays a crucial role in ensuring that your complaint is thoroughly reviewed and processed. Below is a list of commonly used forms and documents that often accompany the Florida Complaint form.
- Cover Letter: A brief letter summarizing your complaint and its purpose. This document can help clarify your intentions and provide context for the inquiry/complaint form.
- Exhibits: Copies of any relevant documents, such as contracts, emails, or letters that support your allegations. Label these documents clearly and refer to them in your complaint.
- Witness List: A separate document listing individuals who can provide testimony or evidence related to your complaint. Include their contact information and a brief description of their relevance.
- Affidavit: A sworn statement that verifies the truthfulness of your allegations. This document may be required to add credibility to your claims.
- Prior Complaints: If you have previously filed complaints against the same attorney, include a summary of those complaints. This information can be pertinent to your current case.
- Proof of Communication: Documentation showing that you attempted to resolve the issue with the attorney before filing a complaint. This could include letters, emails, or notes from phone calls.
- Request for Confidentiality: If you need to protect sensitive information, submit a request outlining the nature of the confidential information and why it should be kept private.
- Notarized Signature: Some documents may require notarization to verify the identity of the signer. Ensure that any necessary signatures are properly notarized before submission.
Submitting these additional forms and documents alongside your Florida Complaint form can significantly enhance the clarity and effectiveness of your complaint. Ensure that all documents are completed accurately and submitted in a timely manner to facilitate the review process.
Similar forms
- Complaint Form: Similar to the Florida Complaint form, a general complaint form is used to initiate a grievance against an individual or entity. It typically requires the complainant's information, details about the complaint, and a signature, ensuring that all allegations are formally recorded.
- Grievance Form: This document serves a similar purpose in various professional fields, such as medical or legal. Like the Florida Complaint form, it collects the complainant's details and the specifics of the grievance, allowing for a structured review process.
- Incident Report: An incident report documents specific occurrences that may require investigation. It shares similarities with the Florida Complaint form in that it requires factual details and often includes a signature to verify the information presented.
- Petition: A petition is a formal request to a court or authority. It mirrors the Florida Complaint form by requiring personal information, the subject of the petition, and a detailed account of the reasons for the petition, all of which are essential for processing.
- Affidavit: An affidavit is a written statement confirmed by oath. It is similar to the Florida Complaint form in that both documents require a declaration of truthfulness, along with supporting facts that substantiate the claims made.
Dos and Don'ts
When filling out the Florida Complaint form, it is essential to follow certain guidelines to ensure your submission is processed smoothly. Below is a list of important do's and don'ts.
- Do read all instructions carefully before starting the form.
- Do provide complete and accurate information, including your contact details and the attorney's information.
- Do attach relevant evidence, such as letters or documents, but ensure they are photocopies.
- Do sign the form and certify that your allegations are true.
- Don't submit original documents, as they will not be returned.
- Don't include confidential or privileged information without redacting it.
- Don't attach media such as audio tapes, CDs, or oversized documents.
- Don't bind or index your documents, and avoid using highlighting.
Misconceptions
- Misconception 1: The Florida Bar can provide legal advice.
- Misconception 2: Complaints can be filed against judges and elected officials.
- Misconception 3: You can submit original documents with your complaint.
- Misconception 4: You can submit complaints against law firms.
- Misconception 5: The inquiry/complaint form can be submitted without a signature.
- Misconception 6: You can include confidential information in your submission.
- Misconception 7: You can appeal a decision not to investigate your complaint.
This is incorrect. The Florida Bar does not offer legal advice or intervene in civil or criminal cases. Their role is to address complaints regarding attorney conduct.
This misconception is widespread. The Florida Bar does not have jurisdiction over complaints against judges or many elected officials, focusing instead on attorney conduct.
This is a misunderstanding. The Florida Bar requests that individuals do not send original documents, as all submissions are scanned and originals will be discarded.
This is not accurate. Complaints must be directed at individual attorneys, not law firms, which can lead to confusion among complainants.
This is false. The form must be signed, and unsworn complaints are not considered valid by the Florida Bar.
This is a critical error. Any confidential or privileged information must be redacted before submission, as all documents become public records.
This is misleading. There is no right to appeal if the Florida Bar decides not to pursue an investigation into a complaint.
Key takeaways
- Read Instructions Carefully: Before filling out the Florida Complaint form, it is essential to read all instructions thoroughly. A form that is not completed correctly may be returned for correction.
- Contact ACAP First: It is advisable to reach out to the Attorney/Consumer Assistance Program (ACAP) to see if they can help resolve your issue before filing a formal complaint.
- One Attorney per Form: You must list only one attorney on each complaint form. If you need to complain about multiple attorneys, make additional copies of the form.
- Provide Detailed Facts: Clearly describe the specifics of your complaint in chronological order. Include dates and attach any relevant documents, marking them as exhibits to support your claims.
- Signature Requirement: Ensure you sign the form and certify that your allegations are true. Unsworn complaints will not be considered, and only the original form should be submitted.