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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111468
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I reported my husband's attorney to the Florida bar

Customer Question

I reported my husband's attorney to the Florida bar for a fraudulent divorce that he did on me back in December 2014. I wasn't there and he claimed that I was. I contacted you and asked you if it was a fraud. You told me yes it was a fraud. You advised
me to send a complaint to the florida bar against that attorney. That was the same divorce that i am trying to vacate. Today I received a letter from the florida bar stated " Rules adopted by the Supreme Court of Florida require that inquiries into the conduct
of a member of the Florida Bar be analyzed to determine if the Bar has jurisdiction to investigate actions of the attorney. If so, those rules require further analysis to determine, whether, if proven, the alleged conduct constitutes a violation of the Rules
of Professional Conduct that warrants further investigation. The facts related in your inquiry do not constitute a violation of those rules and accordingly this inquiry is closed. This action does not prevent you from consulting with private counsel or from
exercising any rights or remedies that may be available to you". This is what Florida bar sent me today. What are your input on this letter? Why this is not a violation? Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They are right in that the Bar itself cannot give you relief. The court is where you have bring your case not the bar. The bar's jurisdiction is limited. You have a fraud case and filing false documents case, but it has to be filed under the court case where he filed the divorce and it is a motion to vacate and a motion for sanctions against him for filing false information to the court. This is a case of fraud and the court is where you have to pursue it.

Customer: replied 1 year ago.
If after i pursue it in the court, what papers will i file for the bar to sanction the lawyer? My goal is for the bar to punish the lawyer since he had no rights to file false documents on my case.
Customer: replied 1 year ago.
After the court grant my motion for sanctions against him, should I go file another complaint to Florida bar just to show he committed a violation? Also would you send me the Florida statute law that explains about "fraud and filing false documents case"? Thanks
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The Bar will not intervene. You need to file a motion in court for the court to sanction the lawyer. The bar will not get involved in these cases and will not issue any discipline for this type of case, so while it sounds good to you to "file a complaint with the bar" it will not get you any of the satisfaction you are seeking.

The satisfaction is filing a motion for sanctions with the court and then collecting damages from them when you prove that they acted inappropriately. Rule 1.150 of the FL Rules of Civil Procedure prohibit filing of "sham pleadings" or false pleadings.

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