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Homepage ➾ Official Florida Complaint Template
Overview

Engaging with the Florida Complaint Form requires attention to detail and an understanding of the process set forth by The Florida Bar. Aimed at addressing grievances related to the conduct of attorneys within its jurisdiction, this form serves as a medium for initiating a formal complaint. The guidelines stress the importance of reading the instructions carefully to ensure the correct completion of the form, thus avoiding any delays in the review process. Submission is limited to 25 pages, including the form and any accompanying exhibits, urging complainants to convey their concerns succinctly and with clarity. Prior to submission, individuals are encouraged to contact the Attorney/Consumer Assistance Program (ACAP) to potentially resolve the issue without formal proceedings. It is crucial to note that The Florida Bar explicitly states its limitations, including its inability to intervene in legal cases, offer legal advice, or handle complaints against judges and certain elected officials. Complainants are required to provide detailed information about themselves, the attorney in question, and the specifics of the complaint, including any relevant dates and supporting evidence in a numbered format. Although witnesses can strengthen a complaint, their absence does not preclude consideration of the complaint. The form must be signed under penalty of perjury, affirming the truthfulness of the provided information, and submitted in its original form to ensure authenticity. The physical documents are converted into an electronic format for processing, with the original hard copies discarded post-scanning to maintain an efficient and orderly record-keeping system. This digital transition mandates specific submissions guidelines, such as refraining from attaching non-scannable materials, highlighting documents, and submitting original documents, to facilitate the timely processing of complaints. Additionally, to protect individual privacy and comply with legal standards, the form instructs to exclude or redact confidential information, specifying types of sensitive data that should be safeguarded. This thorough approach underscores The Florida Bar’s commitment to a clear, fair, and confidential handling of complaints, promoting accountability within the legal profession.

Example - Florida Complaint Form

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

➤ Florida Complaint PDF

File Specifications

Fact Detail
1. Governing Body The Florida Bar oversees the complaint process.
2. Contact Information The headquarters is located at 651 E. Jefferson Street, Tallahassee, Florida with a toll-free number 1-866-352-0707 for the Attorney/Consumer Assistance Program (ACAP).
3. Nature of Assistance The Florida Bar does not intervene in civil or criminal cases, offer legal advice, or have jurisdiction over complaints against judges and many elected officials.
4. Focus of Investigation Investigations are centered on whether an attorney has breached conduct rules, with disciplinary actions determined by the severity and context of the violation.
5. Complaint Submission Limit Complainants may attach up to 25 pages, including the inquiry/complaint form and any relevant evidence.
6. Material Handling All submitted materials are scanned and stored electronically by The Florida Bar, with original hard copies discarded post-scanning.
7. Submission Guidelines Submissions should not exceed 25 pages, be free of bindings or indexes, and avoid including original documents or confidential information.
8. Confidentiality Note Documents become public record upon submission, with confidential or privileged information required to be redacted or described if pertinent to the complaint.

Instructions on Filling in Florida Complaint

Filling out the Florida Complaint form is a necessary step for individuals who seek to file a complaint against a member of The Florida Bar. This document allows you to express concerns regarding the professional conduct of a lawyer. Completing it carefully and accurately is crucial, as it initiates the formal process of review and potential action by The Florida Bar. Following the steps outlined below will ensure that your complaint is submitted correctly. Remember, this form cannot be used to intervene in legal proceedings or to offer legal advice. It is specifically designed to address concerns about a lawyer's conduct.

  1. Gather all necessary information about the attorney you are complaining about, including their name, address, phone number, and details of the conduct that concerns you.
  2. Print out the Florida Complaint form or ensure you can type in the designated fields if completing it digitally.
  3. Use only black ink for filling out the form, as this is a requirement.
  4. Begin with PART ONE – Complainant Information. Enter your name, organization (if applicable), address, city, state, zip code, telephone number, and email address. If you have an ACAP reference number, include it. Indicate whether this is your first complaint against a member of The Florida Bar or if there have been others. If the complaint pertains to a matter currently in litigation, specify this.
  5. Proceed to PART TWO – Attorney Information. Fill in the name, address, city, state, zip code, and telephone number of the attorney you are filing the complaint against. Ensure accuracy to avoid confusion with attorneys who may have similar names.
  6. Move on to PART THREE – Facts/Allegations. Describe in detail, and in chronological order, the specifics of your complaint against the attorney. Provide dates where possible. If your description extends beyond the space provided, attach additional sheets, ensuring they are numbered. Attach photocopies of any relevant documents, labeling them as exhibits (A, B, C, etc.) and reference them in your narrative.
  7. In PART FOUR – Witnesses, if applicable, list any witnesses who could support your allegations. Include a separate sheet with their names, addresses, and telephone numbers, along with a brief description of the facts they would testify about. If you have no witnesses, The Florida Bar will assume there are none beyond yourself and the attorney.
  8. Complete PART FIVE – Signature by printing your name, signing, and dating the form. Your signature must be original; photocopies are not accepted. This section is critical as it certifies, under penalty of perjury, that your allegations are true to the best of your knowledge.
  9. Review the document to ensure all information is complete and accurate. Attach any additional pages or exhibits, making sure not to exceed the 25-page limit. Do not bind or index your documents, and refrain from including media that cannot be scanned, like audio tapes or CDs.
  10. Mail the original form, along with any attachments, to: The Florida Bar Attorney/Consumer Assistance Program (ACAP) 651 East Jefferson Street Tallahassee, Florida 32399-2300. Do not send original documents besides the complaint form itself, as they will be scanned and then discarded.

After submitting your complaint, The Florida Bar will review the details provided to determine if there has been a violation of professional conduct by the attorney in question. This process varies in length depending on the complexity of the allegations. If your complaint is closed, you will receive a written explanation. It's important to note that there is no right to appeal the decision not to pursue an investigation. By carefully following these steps, you contribute to maintaining the integrity and professionalism of the legal community in Florida.

Understanding Florida Complaint

What is the purpose of contacting the Attorney/Consumer Assistance Program (ACAP) before filing a complaint?

Contacting the Attorney/Consumer Assistance Program (ACAP) before filing a complaint is recommended as a preliminary step to see if the matter can be resolved without formal intervention. This approach serves as a mediation step, potentially resolving issues more quickly and amicably than through formal complaint procedures. ACAP's guidance ensures that if a complaint needs to proceed, it is appropriately directed and substantiated, enhancing the process's efficiency for all parties involved.

Can The Florida Bar intervene in civil or criminal cases on my behalf or provide legal advice?

No, The Florida Bar cannot intervene in civil or criminal cases on your behalf nor provide legal advice. Their role is primarily disciplinary, focusing on the conduct of attorneys rather than the specifics of legal disputes. The Bar assesses whether an attorney has breached professional conduct rules and, based on those findings, determines necessary disciplinary actions. They are not equipped to influence legal proceedings directly or offer legal counsel to individuals.

Is there a limit to the number of pages I can submit along with my complaint form, and why?

Yes, there is a limit of 25 pages, including the inquiry/complaint form and any attached exhibits. This limit ensures efficient processing and review of complaints. Excessive documentation can delay the review process, and the Florida Bar's guidelines aim to streamline the handling of complaints. If you have more documents than the limit allows, you're encouraged to reference these additional documents within your submission, making them available upon request by Bar counsel, if necessary.

What happens with my submitted documents, and why shouldn't I send originals?

All documents submitted to The Florida Bar are converted to electronic media and the original hard copies are then discarded. This process is part of the Bar's efficient handling and storing of complaint information. For this reason, it is crucial not to send original documents since they cannot be returned to you after scanning. Ensuring you keep the originals avoids any potential loss of important documents, allowing you to provide duplicates should they be needed again in the future.

Common mistakes

  1. Failing to provide complete and accurate complainant information: People often skip details like their address, phone number, or email. It's crucial to fill out PART ONE thoroughly. If you've previously contacted ACAP or have filed a complaint against a member of The Florida Bar, mentioning this helps in processing your complaint efficiently.

  2. Not clearly identifying the attorney: With PART TWO requiring the attorney's information, a common mistake is not providing enough detail to uniquely identify the attorney in question. Since many attorneys might share similar names, including the complete address and phone number of the attorney is essential. Submitting only partial information can delay or even derail the process.

  3. Inadequate explanation of facts and allegations: In PART THREE, the form asks for a detailed account of the complaint, including chronological facts and any relevant dates. A significant error here is making broad allegations without adequately supporting them with specific facts. This oversight necessitates further clarification from The Florida Bar, which can postpone the handling of your complaint.

  4. Ignoring witness information or not corroborating statements: When completing PART FOUR, people sometimes overlook the importance of witnesses or submit a witness list without enough detail. If you have witnesses, providing their full names, addresses, and phone numbers, along with a brief description of their testimony, is critical. Failing to offer a comprehensive list can weaken your complaint's position.

Remember, attention to detail and completeness when filling out each part of the form can significantly influence the timely and effective processing of your complaint. Moreover, adherence to the guidelines regarding document submission, as highlighted in the NOTICE section, ensures your complaint is considered without unnecessary delays.

Documents used along the form

When filing a complaint with The Florida Bar, it's often necessary to accompany the primary Complaint Form with other documents to provide a comprehensive view of the situation. These additional forms and documents play critical roles in ensuring that your complaint is understood and processed efficiently. Here's a list of other forms and documents frequently used alongside the Florida Complaint Form.

  • Witness Statement Form: This document is used to gather written statements from witnesses who have relevant information about the complaint. It includes the witness's contact information and a detailed account of their testimony.
  • Evidence Submission Form: When submitting any evidence such as documents, emails, or photographs to support the complaint, this form helps organize and describe each piece of evidence.
  • Authorization for Release of Information: This form grants The Florida Bar permission to obtain records or information from third parties that are relevant to the complaint, ensuring compliance with privacy laws.
  • Confidentiality Agreement: In certain cases, the nature of the complaint or the evidence submitted may require confidentiality. This agreement outlines the terms under which sensitive information will be handled.
  • Summary of Allegations: While not a form, a concise document summarizing the allegations against the attorney can be helpful. This provides a clear and quick reference to the key points of the complaint.
  • Response to Request for Additional Information: If The Florida Bar requests more details, this document is used to provide the requested information or documents.
  • Legal Document Copies: Including copies of any legal documents related to the complaint (e.g., contracts, court orders) is crucial, but remember never to send original documents.
  • Document Index: If submitting numerous documents, an index helps The Florida Bar quickly identify each document, making the review process more efficient.
  • Proof of Delivery: When sending your complaint and accompanying documents, it's wise to use methods that provide proof of delivery, such as certified mail receipts.
  • Amendment Form: If you need to add new allegations or information to your original complaint, this form can be submitted to update your complaint.

Each of these documents plays a vital role in ensuring that your complaint is evaluated thoroughly and fairly. While the Complaint Form is the cornerstone of your submission, these additional forms and documents provide the necessary context and evidence to support your allegations. It's essential to understand what each document entails and how it contributes to the strength and clarity of your complaint. Together, they form a comprehensive package that allows The Florida Bar to conduct a detailed and efficient investigation into your concerns.

Similar forms

  • The Small Claims Court Filing form resembles the Florida Complaint form in its requirement for detailed complainant information, a concise statement of the claim, and supporting documents or evidence. Both necessitate the complainant to narrate the issue clearly, provide relevant documentation, and list possible witnesses.

  • The Employment Discrimination Complaint form, distributed by many state labor departments or human rights commissions, shares similarities with the Florida Complaint form, particularly in its structuring for complainant and respondent information, and the detailed narrative of allegations. Each underscores the importance of factual detail in outlining the complained actions.

  • Consumer Complaint Forms provided by consumer protection agencies, require a detail-oriented recounting of grievances, much like the Florida Complaint form. Both direct the complainant to outline their issue with a service or product, including specifics like dates and nature of the complaint, accompanied by any relevant proof.

  • The Medical Malpractice Complaint forms used in litigation also parallel the Florida Complaint form by necessitating specifics about the plaintiff, the accused professional, a chronological narrative of alleged negligence, and witness information, all aimed at establishing a preliminary foundation for the case.

  • Tenant Complaint Forms against landlords for issues like repairs or lease violations have a resemblance in structure, focusing on specific complaints backed by documented incidents and evidence. Both forms facilitate a formal process for complaints, inviting detailed narration and proof.

  • Ethics Complaint Forms used by professional associations to report unethical behavior among members share the requirement for detailed complainant information, specific allegations, and supporting evidence, similar to the structure found in the Florida Complaint form.

  • The Police Misconduct Complaint forms allow individuals to report instances of police misconduct, necessitating detailed personal information, a clear description of the incident including dates and locations, and the inclusion of any witnesses, mirroring the informational depth required in the Florida Complaint form.

  • Insurance Fraud Complaint Forms, which enable individuals to report suspected fraud, demand detailed descriptions of the fraudulent act, including the parties involved and the nature of the fraud, akin to the requirement in the Florida Complaint form to supply a narrative with specific allegations and evidence.

  • The Intellectual Property Infringement Complaint forms found on various digital platforms and websites require submitters to identify themselves, specify the work that has been infringed, and describe the nature of the infringement, reflecting the Florida Complaint form's approach to detailing allegations.

  • The Privacy Violation Complaint Forms available with data protection authorities or online platforms often require detailed personal information, specifics about what privacy right was violated, and how, matching the Florida Complaint form's method of requiring complainants to provide a detailed account of their grievances for further investigation.

Dos and Don'ts

When filling out the Florida Complaint form, here are essential dos and don'ts to ensure your submission is processed smoothly and without unnecessary delay.

  • Do read all instructions carefully before starting to fill out the inquiry/complaint form to ensure it is completed correctly.
  • Do use black ink only for clarity and replication purposes, as specified in the instructions.
  • Do attach photocopies of letters, documents, or other evidence supporting your complaint rather than original documents to preserve your originals.
  • Do not exceed the 25-page limit, including the inquiry/complaint form and attachments, to avoid having important information overlooked or returned for correction.
  • Do not bind or highlight your documents as they are scanned into an electronic record by The Florida Bar, and highlighting may obscure the text.
  • Do not submit confidential or privileged information without redacting it, as all submissions become public record and confidential information must be protected.

Following these guidelines helps protect your privacy, ensures the effectiveness of your complaint, and aids The Florida Bar in processing your case more efficiently.

Misconceptions

There are several common misconceptions about filing a complaint with The Florida Bar. Understanding these misconceptions can help ensure that complaints are filed correctly and with the appropriate expectations.

  • Misconception #1: The Florida Bar can intervene in court cases. The Florida Bar does not have the authority to intervene in civil or criminal cases on your behalf. Their role is to consider complaints against attorneys regarding violations of rules of conduct.
  • Misconception #2: You can seek legal advice from The Florida Bar. The Florida Bar cannot provide legal advice to individuals. Their function is regulatory, focusing on attorney conduct.
  • Misconception #3: The Bar processes complaints against law firms. Complaint forms are processed only for individual attorneys, not law firms. Each complaint needs to be specific to an attorney's conduct.
  • Misconception #4: Unlimited documentation can be submitted with your complaint. There is a 25-page limit for submissions, including the form and any exhibits. This ensures efficient handling and review of complaints.
  • Misconception #5: Highlighting documents is helpful. Documents should not be highlighted as the scanning process for electronic records may not accurately capture highlighted sections or may obscure text.
  • Misconception #6: The Bar accepts original and sensitive documents. Original documents should not be submitted as they will be discarded after scanning. Sensitive information should be redacted as submitted documents become public record.
  • Misconception #7: Any type of evidence can be attached to your complaint. Audio tapes, CDs, oversized documents, or photographs cannot be processed if they cannot be scanned into an electronic record. It is advised to only include paper documents.
  • Misconception #8: Your complaint remains confidential. Submitted documents become public record. To maintain confidentiality, sensitive or privileged information should be redacted or indicated as available upon request.
  • Misconception #9: There is a right to appeal if your complaint is closed. There is no right to appeal a decision not to pursue an investigation. If a complaint is closed, you will receive a written explanation of the reasons why.
  • Misconception #10: Photocopies of signatures are acceptable. The original complaint form must be submitted with a physical signature. Photocopies of a signature are not accepted for processing.

Clearing up these misconceptions helps in preparing and submitting a complaint to The Florida Bar. It's crucial to understand the scope of The Bar's authority, the requirements for a valid complaint, and what to expect from the process. Following the guidelines provided ensures that complaints are handled efficiently and effectively.

Key takeaways

When setting out to complete and utilize the Florida Complaint form, individuals must understand the process and its specifics to ensure their submission is appropriately handled. Here are key takeaways to consider:

  • Preparation is crucial: Before filling out the inquiry/complaint form, contacting the Attorney/Consumer Assistance Program (ACAP) might help to resolve the issue without formal proceedings. This step can be a time-efficient way to address your concerns.
  • Adherence to guidelines: The form must be completed with care, following the specified instructions. This includes using black ink for printing or typing and limiting the submission to 25 pages, including any exhibits. Failure to comply may result in the form being returned for corrections.
  • Details matter: When detailing the facts or allegations, chronological order and completeness are vital. Including dates and relevant specifics can strengthen the complaint. Also, naming only one attorney per form and avoiding general conclusions without supporting facts are essential for clarity and effectiveness.
  • Witnesses: If there are witnesses to the allegations, their information should be attached on a separate sheet. However, it’s critical to understand that a complaint is still considered even without witness testimonies, relying on the strength of the presented evidence and allegations.
  • Submission rules: The original signed form must be submitted by U.S. Mail, as photocopies of signatures are not accepted. This formality ensures the authenticity of the complaint and the complainant's genuine intent.
  • Privacy and document handling: It’s imperative not to submit original documents or confidential/privileged information, as these will be converted to electronic media and original hard copies cannot be returned. Being mindful of what is submitted is essential since the materials become public record, and some sensitive information should be redacted or summarized with an indication that further details can be provided upon request.

This guidance ensures that the process of submitting a complaint to The Florida Bar is carried out efficiently and effectively, adhering to the established protocols. Understanding these key points can aid complainants in properly presenting their case for review.

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