Criminal Prosecutions Can Result in Bar Discipline

A Florida attorney who is arrested might wish to consult with bar defense counsel regarding his or her reporting responsibilities. As of August 1, 2006 under Rule 3-7.2(e) of the Rules Regulating the Florida Bar, Florida attorneys must, within 10 days of entry of a determination or judgment for ANY criminal offense, notify the executive director of The Florida Bar of such determination or judgment.

For felony charges, attorneys must notify the Florida Bar within 10 days of the filing of an indictment or information against them. Rule 3-7.2(c). If an attorney is convicted of a felony, the attorney is placed on suspension from the practice of law, even if an appeal of the underlying conviction is pending.

Bar disciplinary counsel can sometimes petition to modify or terminate this type of suspension. All of these types of proceedings originate at the Supreme Court level.

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