RULES OF PROFESSIONAL CONDUCT FOR FLORIDA LAWYERS

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Chapter 4 of the Rules Regulating The Florida Bar

 

Excerpts from the Preamble: A Lawyer’s Responsibilities ~

“No disciplinary action should be taken when the lawyer chooses not to act or acts within bounds of such discretion….  The rules simply provide a framework for the ethical practice of law….. Violation of a rule should not give rise to a cause of action nor should it create any presumption that a legal duty has been breached…. They are not designed to be a basis for civil liability….  Accordingly, nothing in the rules should be deemed to augment any substantive legal duty of lawyers or the extra-disciplinary consequences of violating such duty.”

 

As one can see, these rules have very little significance in relation to the ethical conduct of members of The Florida Bar and Florida lawyers’ implied duty to the public as officers of the Court.  What the rules seem to give, the preamble nullifies with a few skillfully crafted sentences carefully embedded within it.  Therefore, these rules are apparently nothing more than window dressing to disguise an ugly and vile commercial industry that reaps its rewards from the miseries and misfortunes of others.  The Rules of Professional Conduct appear to be a cruel hoax upon the public which gives clients a false impression that the practice of law is honorable and ethical.  The Supreme Court of Florida  approved every word contained in these rules.  So, who do you believe the Court is really trying to protect–the client or the Florida lawyer?

If you feel the need to file an official complaint with The Florida Bar against a Florida lawyer, click here to get the official form.  This form is in Adobe Acrobat Format (PDF) so almost anybody can print it using their own computer and printer.  It is certainly a lot easier than getting someone at The Florida Bar to mail one to you.  Use the free Adobe Acrobat Reader software to print it or any other PDF document you encounter.  Download Acrobat Reader here if you do not already have it on your computer.

 

Before filing your complaint you should peruse the Rules of Professional Conduct and pick out the particular rules that were violated.  Cite the specific rules violated in your complaint and describe how they were violated.  Keep your complaint reasonably short and stay on point.  Attach additional pages and copies of documents, etc. that will help illustrate the rule violations.  It does no good to rant and rave even though it may feel good at the moment.

 

Good luck!

 

If you need to file a judicial complaint against a Florida judge or judicial officer click HERE.

 

Preamble: A Lawyer’s Responsibilities

4-1. CLIENT-LAWYER RELATIONSHIP

Rule 4-1.1 Competence

Rule 4-1.2 Scope of Representation

Rule 4-1.3 Diligence

Rule 4-1.4 Communication

Rule 4-1.5 Fees for Legal Services

Rule 4-1.6 Confidentiality of Information

Rule 4-1.7 Conflict of Interest; General Rule

Rule 4-1.8 Conflict of Interest; Prohibitive Transactions

Rule 4-1.9 Conflict of Interest; Former Client

Rule 4-1.10 Imputed Disqualification; General Rule

Rule 4-1.11 Successive Government and Private Employment

Rule 4-1.12 Former Judge or Arbitrator

Rule 4-1.13 Organization as Client

Rule 4-1.14 Client Under a Disability

Rule 4-1.15 Safekeeping Property

Rule 4-1.16 Declining or Terminating Representation

Rule 4-1.17 Sale of Law Practice

4-2. COUNSELOR

Rule 4-2.1 Advisor

Rule 4-2.2 Intermediary

Rule 4-2.3 Evaluation for Use by Third Persons

4-3. ADVOCATE

Rule 4-3.1 Meritorious Claims and Contentions

Rule 4-3.2 Expediting Litigation

Rule 4-3.3 Candor Toward the Tribunal

Rule 4-3.4 Fairness to Opposing Party and Counsel

Rule 4-3.5 Impartiality and Decorum of the Tribunal

Rule 4-3.6 Trial Publicity

Rule 4-3.7 Lawyer as Witness

Rule 4-3.8 Special Responsibilities of a Prosecutor

Rule 4-3.9 Advocate in Nonadjudicative Proceedings

4-4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

Rule 4-4.1 Truthfulness in Statements to Others

Rule 4-4.2 Communication with Persons Represented by Counsel

Rule 4-4.3 Dealing with Unrepresented Persons

Rule 4-4.4 Respect for Rights of Third Persons

4-5.  LAW FIRMS AND ASSOCIATIONS

Rule 4-5.1 Responsibilities of a Partner or Supervisory Lawyer

Rule 4-5.2 Responsibilities of a Subordinate Lawyer

Rule 4-5.3 Responsibilities Regarding Nonlawyer Assistants

Rule 4-5.4 Professional Independence of a Lawyer

Rule 4-5.5 Unlicensed Practice of Law

Rule 4-5.6 Restrictions on Right to Practice

4-6.  PUBLIC SERVICE

Rule 4-6.1 Pro Bono Public Service

Rule 4-6.2 Accepting Appointments

Rule 4-6.3 Membership in Legal Services Organization

Rule 4-6.4 Law Reform Activities Affecting Client Interests

Rule 4-6.5 Voluntary Pro Bono Plan

4-7.  INFORMATION ABOUT LEGAL SERVICES

Rule 4-7.1 General

Rule 4-7.2 Communications Concerning a Lawyer’s Services

Rule 4-7.3 Advertisements in the Public Print Media

Rule 4-7.4 Direct Contact with Prospective Clients

Rule 4-7.5 Advertisements in the Electronic Media Other Than Computer-Accessed Communications

Rule 4-7.6 Computer-Accessed Communications

Rule 4-7.7 Evaluation of Advertisements

Rule 4-7.8 Exemptions from the Filing and Review Requirement

Rule 4-7.9 Information About a Lawyer’s Services Provided Upon Request

Rule 4-7.10 Firm Names and Letterhead

Rule 4-7.11 Lawyer Referral Services

4-8.  MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 4-8.1 Bar Admission and Disciplinary Matters

Rule 4-8.2 Judicial and Legal Officials

Rule 4-8.3 Reporting Professional Misconduct

Rule 4-8.4 Misconduct

Rule 4-8.5 Jurisdiction

Rule 4-8.6 Authorized Business Entities

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