Blank Florida Complaint PDF Form

Blank Florida Complaint PDF Form

The Florida Complaint form is a document used to report grievances against attorneys in Florida. It allows individuals to formally submit their complaints to The Florida Bar for review and potential disciplinary action. Proper completion of this form is essential to ensure that your concerns are addressed effectively.

If you are ready to proceed, please fill out the form by clicking the button below.

The Florida Complaint form serves as a crucial tool for individuals seeking to address grievances against attorneys. It is essential to follow the instructions carefully, as incomplete forms may be returned for correction. The form allows for up to 25 pages of documentation, including the complaint itself. Before submitting a complaint, it is advisable to contact the Attorney/Consumer Assistance Program (ACAP) for potential resolutions. The Florida Bar, however, does not intervene in civil or criminal cases, nor does it provide legal advice. Complaints can only be filed against individual attorneys, not law firms, and the form requires detailed information about both the complainant and the attorney in question. The complainant must clearly outline the facts and allegations, providing chronological details and supporting evidence. Witnesses can be included to strengthen the case, although the inquiry will still be considered without them. Finally, the complainant must sign the form, certifying the truth of their allegations under penalty of perjury. Proper submission is key, as documents will be scanned and hard copies discarded, ensuring a streamlined process for addressing complaints.

Document Sample

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

File Specifics

Fact Name Details
Governing Law The Florida Bar operates under the Florida Rules of Professional Conduct.
Submission Limit You can submit a maximum of 25 pages, including the inquiry/complaint form.
Contact Requirement It is advisable to contact the Attorney/Consumer Assistance Program (ACAP) before submitting a complaint.
Jurisdiction Limitations The Florida Bar cannot intervene in civil or criminal cases or consider complaints against judges.
Witness Information While witnesses are not required, if you have them, you should list their names and contact information on an additional sheet.
Signature Requirement The form must be signed, and unsworn complaints will not be accepted.
Document Submission Guidelines Do not submit original documents; only the inquiry/complaint form should be original.

How to Use Florida Complaint

Filling out the Florida Complaint form requires careful attention to detail. After completing the form, it must be submitted to the appropriate office for processing. Below are the steps to guide you through the process of filling out the form accurately.

  1. Obtain the Form: Download or print the Florida Complaint form from the official Florida Bar website.
  2. Read Instructions: Review all instructions provided on the form thoroughly before starting to fill it out.
  3. Part One - Complainant Information: Fill in your name, organization (if applicable), address, city, state, zip code, telephone number, and email address. If you have an ACAP reference number, include it here. Indicate whether you have previously filed a complaint and if this complaint relates to a matter currently in litigation.
  4. Part Two - Attorney Information: Provide the name, address, city, state, zip code, and telephone number of the attorney you are complaining about. Ensure the address is accurate to avoid confusion with similarly named attorneys.
  5. Part Three - Facts/Allegations: Clearly describe your complaint, including all relevant details in chronological order. Attach additional pages if necessary and number them. If you have supporting documents, attach photocopies and label them as exhibits (A, B, C, etc.).
  6. Part Four - Witnesses: If there are witnesses, list their names, addresses, and phone numbers on an additional sheet. Include a brief description of what each witness can testify to. If there are no witnesses, you may skip this step.
  7. Part Five - Signature: Sign and date the form. Your signature certifies that your allegations are true under penalty of perjury. Remember, photocopies of signatures are not accepted.
  8. Submit the Form: Mail the original form to the Florida Bar at the address provided. Ensure that your submission does not exceed 25 pages, including any exhibits.

After submission, the Florida Bar will review your complaint. If any additional information is needed, they will reach out to you. Be prepared for the possibility that your inquiry may take time to process, depending on the complexity of the allegations.

Your Questions, Answered

What is the purpose of the Florida Complaint form?

The Florida Complaint form allows individuals to report concerns about attorneys licensed in Florida. It is used to submit allegations of professional misconduct or violations of the Florida Bar's rules of conduct. The process helps maintain the integrity of the legal profession in the state.

How do I fill out the Florida Complaint form?

To fill out the form, follow these steps:

  1. Read all instructions carefully before starting.
  2. Provide your personal information in Part One, including your name, address, and phone number.
  3. In Part Two, enter the attorney's information, ensuring the name and address are accurate.
  4. Detail your complaint in Part Three, presenting facts in chronological order.
  5. List any witnesses in Part Four, if applicable.
  6. Sign and date the form in Part Five, certifying the truth of your allegations.

What information should I include in my complaint?

Include specific details about your complaint. Describe the events in chronological order, providing dates when possible. Attach any relevant documents or evidence, but do not send original documents. Clearly label any attachments as exhibits (A, B, C, etc.) and reference them in your description.

Can I submit a complaint against a law firm?

No, the Florida Bar only processes complaints against individual attorneys. If you have issues with a law firm, you must identify and file a complaint against the specific attorney involved.

What if I have witnesses to support my complaint?

If you have witnesses, list their names, addresses, and phone numbers on a separate sheet. Include a brief description of what each witness can testify about. If you do not provide this information, it will be assumed that there are no witnesses other than yourself and the attorney.

What happens if my complaint is closed?

If your complaint is closed, you will receive a written explanation detailing the reasons for this decision. It’s important to note that there is no right to appeal a decision not to pursue an investigation.

How should I submit the complaint form?

Submit the original completed form via U.S. Mail to the Florida Bar at the address provided. Photocopies of your signature will not be accepted. Ensure that your submission does not exceed 25 pages, including any attachments.

Are there any documents I should avoid sending?

Avoid sending original documents, confidential information, or media such as CDs or audio tapes. All documents submitted become public records, so redacting sensitive information is crucial. If you need to include such information, describe it and indicate that it is available upon request.

What if I need help resolving my issue before filing a complaint?

Before submitting a complaint, consider contacting the Attorney/Consumer Assistance Program (ACAP) at the toll-free number provided. They may assist in resolving your issue without needing to file a formal complaint.

Is there a limit to the number of complaints I can file?

There is no specific limit to the number of complaints you can file. However, if you have previously filed complaints against a member of The Florida Bar, you should indicate how many in the form. Each complaint should be based on separate incidents or issues.

Common mistakes

  1. Incomplete Information: Many individuals fail to provide all necessary details in the complainant information section. This includes omitting essential data such as name, address, and contact number. Each piece of information is crucial for processing the complaint.

  2. Insufficient Details: When describing the facts or allegations, some people only provide vague statements. It is important to include specific details and chronological order. Failing to do so can lead to delays as the Florida Bar may need to request additional information.

  3. Incorrect Attorney Information: Submitting the wrong name or address for the attorney can cause significant issues. Accurate identification is necessary because many attorneys may share similar names. Only one attorney should be listed per form.

  4. Failure to Attach Evidence: Some complainants neglect to include supporting documents or evidence. It is advisable to attach photocopies of relevant materials and label them as exhibits. This helps clarify the complaint and strengthens the case.

  5. Unsigned Forms: A common oversight is submitting the form without a signature. The form must be signed to certify the truthfulness of the allegations. Unsworn complaints will not be considered, so it is essential to sign and date the document.

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 unique role in the process, ensuring that your complaint is thoroughly considered. Below is a list of commonly used forms and documents that accompany the Florida Complaint form.

  • Cover Letter: A brief letter that introduces your complaint and outlines the key points. This helps to summarize your concerns for the reviewer.
  • Exhibits: Any supporting documents, such as emails, contracts, or letters that substantiate your claims. These should be clearly labeled and referenced in your complaint.
  • Witness List: A separate document listing any witnesses who can support your allegations. Include their contact information and a brief description of what they can testify about.
  • Affidavit: A sworn statement from you or a witness that provides additional details about the case. This document can add credibility to your claims.
  • Prior Complaints: If you have previously filed complaints against the same attorney, include a summary of those complaints to provide context.
  • Litigation Documents: If your complaint relates to a matter currently in litigation, attach relevant court documents to provide clarity on the ongoing situation.
  • Legal Correspondence: Any letters or communications exchanged with the attorney in question that may be relevant to your complaint.
  • Retainer Agreement: If applicable, include the retainer agreement you signed with the attorney. This can clarify the nature of your relationship and the expectations set.
  • Client File: If you have copies of your file from the attorney, this can serve as crucial evidence supporting your claims.
  • Request for Confidentiality: If your complaint involves sensitive information, you may need to submit a request to keep certain details confidential.

Each of these documents can enhance your submission and provide a clearer picture of your situation. Properly organizing and submitting these forms will help ensure that your complaint is taken seriously and reviewed in a timely manner.

Similar forms

The Florida Complaint form shares similarities with the formal complaint form used in various professional regulatory bodies across the United States. Each of these forms serves the primary purpose of allowing individuals to report misconduct or grievances against professionals within a specific field. Like the Florida Complaint form, these documents typically require detailed information about the complainant, the individual being complained about, and a clear description of the allegations. They often emphasize the importance of factual evidence and may include sections for witnesses, ensuring that complaints are substantiated by credible testimony.

Another document similar to the Florida Complaint form is the grievance form used by state medical boards. These forms allow patients to report concerns about medical professionals, including issues related to malpractice or ethical violations. Both forms require the complainant to provide personal information, details about the professional in question, and a comprehensive account of the incidents that led to the complaint. In both cases, the governing body reviews the allegations to determine if further investigation is warranted.

Consumer complaint forms utilized by financial regulatory agencies also mirror the Florida Complaint form. These documents enable consumers to report fraudulent or unethical practices by financial advisors or institutions. Like the Florida form, they require specific details about the complainant and the subject of the complaint, along with a factual narrative outlining the alleged misconduct. Both forms aim to protect the public by holding professionals accountable for their actions.

Employment discrimination complaint forms, often filed with the Equal Employment Opportunity Commission (EEOC), share common features with the Florida Complaint form. Both documents require the complainant to provide personal information, details about the alleged perpetrator, and a thorough description of the discriminatory behavior. The goal is to initiate an investigation into the claims, ensuring that individuals are treated fairly in their professional environments.

Legal malpractice complaint forms, which are used to report attorneys for failing to meet professional standards, are also similar. These forms require complainants to outline the specifics of the alleged malpractice, including timelines and supporting evidence. Like the Florida Complaint form, they emphasize the necessity of factual details to substantiate claims and facilitate a proper investigation.

Forms used by real estate boards to address complaints against real estate agents exhibit similarities as well. These documents allow clients to report unethical practices or breaches of duty by agents. The structure is akin to the Florida Complaint form, requiring complainants to provide detailed information about the agent, the nature of the complaint, and any supporting evidence. Both forms aim to uphold professional integrity within their respective fields.

Insurance complaint forms, which allow policyholders to report issues with insurance agents or companies, are comparable to the Florida Complaint form. They require detailed information about the complainant, the insurance professional involved, and a clear account of the grievance. Both forms aim to ensure that consumers have a mechanism to report unethical or unprofessional behavior within the insurance industry.

Bar association complaint forms, used by various state bar associations to address grievances against attorneys, are also similar. These forms require detailed allegations against a lawyer, including factual descriptions and supporting evidence. Like the Florida Complaint form, they are designed to maintain ethical standards within the legal profession and provide a structured process for filing complaints.

Finally, forms used by professional licensing boards for various trades, such as plumbing or electrical work, also reflect similarities. These forms allow consumers to report misconduct or unprofessional behavior by licensed professionals. They require complainants to provide relevant details and evidence to support their claims, mirroring the structure and purpose of the Florida Complaint form. In all these cases, the emphasis is on accountability and maintaining standards within professional practices.

Dos and Don'ts

When filling out the Florida Complaint form, keep these tips in mind:

  • Do read all instructions carefully before starting. This will help you avoid mistakes that could delay your complaint.
  • Don't submit original documents. Only the inquiry/complaint form should be original; everything else should be copies.
  • Do provide complete and accurate information about yourself and the attorney. This includes names, addresses, and phone numbers.
  • Don't include confidential information. Remember, anything you submit becomes public record.

Misconceptions

Here are six common misconceptions about the Florida Complaint form:

  • Misconception 1: The Florida Bar can provide legal advice.
  • This is not true. The Florida Bar does not give legal advice or intervene in civil or criminal cases.

  • Misconception 2: You can submit complaints against judges.
  • The Florida Bar does not have jurisdiction over complaints against judges or many elected officials.

  • Misconception 3: Multiple attorneys can be included on one form.
  • Only one attorney can be listed per complaint form. If you need to complain about more than one attorney, you must use separate forms.

  • Misconception 4: Original documents can be submitted.
  • Do not send original documents. Only the inquiry/complaint form should be original; all other documents must be photocopies.

  • Misconception 5: You can submit confidential information without redaction.
  • All submitted documents become public record. Confidential information must be redacted before submission.

  • Misconception 6: You can appeal a decision if your complaint is closed.
  • There is no right to appeal a decision not to pursue an investigation. Once closed, the decision is final.

Key takeaways

Filing a complaint using the Florida Complaint form is a crucial step if you believe an attorney has acted unethically. Here are some key takeaways to keep in mind:

  • Read Instructions Thoroughly: Before you start filling out the form, take the time to read all instructions carefully. An incomplete or improperly filled form may be returned for corrections.
  • Provide Complete Information: Ensure you include your personal details, such as your name, address, and phone number. If you have contacted the Attorney/Consumer Assistance Program (ACAP) before, include your reference number.
  • Detail Your Allegations: Clearly describe the facts of your complaint in chronological order. Include dates and attach any relevant documents as photocopies, marking them as exhibits for clarity.
  • List Witnesses: If you have witnesses who can support your claims, include their names and contact information on a separate sheet. If there are no witnesses, the complaint will still be considered.
  • Sign and Submit: Don’t forget to sign the form, certifying that your allegations are true. Submit the original form via U.S. Mail, as photocopies of your signature are not accepted.

By following these guidelines, you can ensure that your complaint is processed efficiently and effectively.