HOW TO AVOID CERTAIN BAR COMPLAINTS
(A must read for Lawyers in private practice)
Lawyers in private practice will eventually find themselves in a dispute over fees with a client. These disputes can become Bar Complaints very quickly. How does a lawyer prevent this from happening?
- Do Not Ignore the Problem
Obviously there is no way to completely prevent a Bar Complaint but a good rule of thumb is to maintain the lines of communication open with the client and document everything you do in an effort to resolve the dispute.
There may be situations where the relationship with the client is beyond repair and the client demands a refund. Lawyers that find themselves in this situation must maintain an open mind with a view toward resolving the dispute before the client files a Bar Complaint.
- Refund the money
An effective strategy is to reach an agreement with the disgruntled client and issue them a full or partial refund depending on the situation. This may be an unnatural reaction for most lawyers but it will avoid many Bar Complaints of this type.
- Stay focused on the Big Picture
At the end of the day the Lawyer wants to avoid the aggravation and expense of having to defend a Bar Complaint. Retaining an experienced lawyer in this field can end up costing thousands of dollars and in most situations it will be more economical to give the client some money back than to dig your heels in the ground and refuse the client a refund.
The firm is lead by Richard B. Marx, Esq., an AV rated trial lawyer by Martindale Hubbell. The practice concentrates on defending lawyers in disciplinary proceedings and those aspiring to become a lawyer during Florida Board of Bar Examiner Proceedings. We are the lawyers who defend lawyers.
No matter whether you are a Law Student or an expierenced Lawyer, Richard B. Marx will provide you with the same passionate representation he has been providing to all of his clients for the past 40 years. A dedicated lawyer who devotes his entire practice to defending Lawyers before the Florida Bar and Law Students before the Florida Board of Bar Examiners, Richard B. Marx has the skills to mount a proper defense to protect your license and the proper offense to obtain your license to practice law.
For more information on how Richard B. Marx, Esq. can help you resolve your legal problems.
Call him at (305) 579-9060.
*WARNING TO FLORIDA ATTORNEYS*
Are you thinking of responding to a Florida Bar Inquiry on your own – Don’t do it!
Responding to a Florida Bar Inquiry on your own can be dangerous to your license.
* When a lawyer receives an Inquiry from The Florida Bar it is absolutely imperative that he or she resist the urge to fire off an immediate response.
* A lawyer should always consult with an experienced Florida Bar defense attorney prior to responding to any inquiry no matter how insignificant the issue may seem.
* The Florida Bar takes Bar Complaints very seriously and so should you.
* Most lawyers consider their license to be priceless. It doesn’t make sense to be careless when dealing with a Bar Complaint.
* Hiring an experienced Florida Bar defense attorney is something you can’t afford not to do. Doing it on your own is risky.
Florida Bar Defense.
We recently handled 2 separate cases that were extremely problematic due to the fact that both of the attorneys responded to the Florida Bar Inquiries on their own before seeking any legal advice. As a result in both cases the attorneys made statements that seriously negatively impacted their cases and potential defenses.
In both of these cases had the attorneys’ involved sought legal assistance from an experienced Florida Bar defense attorney they would have put themselves in a much better position with the potential for a more favorable disposition of their cases.
Even if you were on a different planet at the time the alleged offense took place nothing contained in your response will result in the Bar dismissing the complaint. Almost never do complaints get dismissed based upon a response from the respondent. The usual response sets out the respondent’s version of the facts of the case as well as an explanation as to his or her conduct together with usually a rendition of how honorable and dedicated the respondent has been prior to this incident. In doing this the chances of making admissions that can and will be used against you are very high and one who files his or her own response does so at their peril.
The best response that the respondent can make initially is no response but to get legal assistance.