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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Can an attorney be reported for fraud on a case that is on

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Can an attorney be reported for fraud on a case that is on going or do I have to wait for the case to be closed to file a complaint before the florida Bar?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If there is fraud being committed by an attorney, it can and should be reported to the bar immediately. If there is actual fraud, it should be reported to the office of disciplinary counsel as soon as possible.



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Customer: replied 3 years ago.

what is the office of disciplinary counsel? This case is in Florida. The attorney is a sole practitioner with one secretary. Apparently this is how shecostumarily practices in her cases with other attorneys as I have seen in oral arguments.

Thank you for you response.

The Office of Disciplinary Counsel works for the State Bar. See: https://www.floridabar.org/tfb/TFBOrgan.nsf/2FC809811C0105238525671100692F1C/3373E06C67FEFBFA85256B2F006C9CFC?OpenDocument
Customer: replied 3 years ago.

If I have an on going complaint at the florida bar against the attorney do I amend the complaint. Do I have to file another complaint with the office of disciplinary counsel as well.?


 


I place a notice in the court files that I have filed a complaint against the attorny for fraud to make the court aware. The attorney has filed a motion to seal my motion, and states the complaint against her is confidential. I believe the confidentiality has to do with the state who is performing the investigation.


 


What legal right does the attorney have to request the records to be sealed if fraud is an issue in the case. She claims first amendment were she has represented slanderous clients in other case. Do I have a right not to have the notice that she is being investigated to be public, and unsealed? .

If you have an ongoing complaint, you need to call and add this to the complaint as well as it would be part of the same case.

If the case is sustained against him, the case cannot be sealed. If the case is not sustained against him, then he can request to have the record sealed. Only an open case is confidential, once it is decided it becomes public record if the case is substantiated against him.
Customer: replied 3 years ago.

Am I violating any florida law by filing a notice in the court file of the ongoing complaint against the attorney with the Florida Bar?

Thank you for your response.

No you are not violating the law by filing the notice in the court file because it is up to the court to determine to accept the notice in the file or seal the notice in the file and if the judge finds it is improper, then they will simply seal that motion or notice so it will not be disclosed in the file.
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