Florida Bar briefs Judiciary committee on lawyer discipline, advertising and unlicensed practice

Representatives of the Florida Bar told the Senate Judiciary Committee the Bar operates under the oversight of the Florida Supreme Court to enforce ethics rules for attorneys, to investigate unlicensed practice of law, and to review lawyer advertising. The presenters described a complaint‑driven disciplinary system, voluntary compliance efforts for advertising, and enforcement tools for unlicensed practice.

Roland Sanchez Medina, president of the Florida Bar, said the Bar is an arm of the Florida Supreme Court and that the court grants the Bar limited authority to regulate attorney conduct under Article V, Section 15 of the Florida Constitution. Medina told the committee the Bar enforces advertising rules to protect consumers and that Florida’s regulatory regime for lawyer advertising is among the strictest in the country within the limits the U.S. Supreme Court permits.

Elizabeth Clark Tarbert, Division Director for Lawyer Regulation, walked the committee through the Bar’s consumer assistance and grievance process. She said the discipline system is primarily complaint driven: anyone can file a written complaint under penalty of perjury. Staff initially review complaints and may refer matters to one of five branch offices and to local grievance committees, which include non‑lawyer members. Formal complaints proceed to a court‑appointed referee (a judge), and final discipline decisions are made by the Florida Supreme Court.

Tarbert described the Bar’s education and diversion programs for lower‑level misconduct, and she summarized public remedies for theft by a lawyer through the Bar’s Client Security Fund (the fund reimbursed 81 claims last year and more than $9 million over the past five years, according to her remarks). She also described the Florida Bar’s advertising review program: about 7,000 advertisements are filed annually for pre‑use review, the Bar’s staff issue about 1,500–2,000 revision requests, and the advertising staff answers roughly 5,000 advisory calls a year. Many advertising issues are resolved through voluntary compliance and staff review, Tarbert said.

On the unlicensed practice of law (UPL), the presenters said the Bar investigates hundreds of alleged UPL matters annually, issues letters of advisement or cease‑and‑desist affidavits in lower‑level matters, and can obtain civil injunctions or work with state attorneys where criminal charges are appropriate. The Bar provides guidance materials in English and Spanish and is working on Creole translations of public materials and outreach.

During Q&A, Senator Lee asked whether the Florida Supreme Court has exclusive jurisdiction over lawyer advertising; Medina replied that while the Court adopts rules regulating advertising, there are areas where the legislature’s authority is coextensive and the Bar would be glad to provide technical assistance. Senators also asked about public (non‑lawyer) participation on grievance committees; Tarbert described the one‑third non‑lawyer composition requirement for those committees and noted challenges recruiting citizen members in some circuits.

The Bar leaders thanked the committee for the opportunity to present; there were no votes tied to this informational briefing.