In the aftermath of the widespread devastation caused by three major hurricanes making landfall in Florida this year, including Hurricane Milton, The Florida Bar has activated its Disciplinary Hotline to address urgent concerns about potential professional misconduct and unlawful solicitation by lawyers taking advantage of vulnerable residents during these challenging times.
Floridians who encounter such issues may report them to the Bar by calling the hotline at 833-979-8225.
Bar rules strictly prohibit lawyers from soliciting clients in person, by phone, via cold call, or through third parties, unless the client is a family member or someone with whom the lawyer has a prior professional relationship. Additionally, lawyers are prohibited from sending direct mail solicitations to prospective clients within 30 days of an incident, including a hurricane or tropical storm.
‘Natural disasters can present significant challenges, but it is precisely in these moments that lawyers must prioritize helping others while adhering to the highest ethical standards.’
“The Florida Bar is dedicated to upholding the highest professional standards among our members, particularly during times of crisis when Floridians are most vulnerable,” said Florida Bar President Roland Sanchez-Medina, Jr. “Natural disasters can present significant challenges, but it is precisely in these moments that lawyers must prioritize helping others while adhering to the highest ethical standards.”
Sanchez-Medina emphasized the importance of trust in the legal profession, particularly during emergencies.
“While the majority of our members act with integrity and professionalism, when people face hardships they should not have to worry about predatory practices from those who should be providing support and guidance,” he said. “Our members are expected to uphold the highest ethical standards and demonstrate respect for the communities they serve.”
Elizabeth Tarbert, director of the Bar’s Division of Lawyer Regulation, noted that while solicitation is a major concern, there is also a related issue — the failure of lawyers to adequately supervise their employees or agents. This lack of oversight often stems from insufficient guidance on appropriate and inappropriate conduct, which can lead to solicitation and other forms of misconduct, she said.
Sanctions for lawyers violating Bar rules range from admonishments for negligent supervision to rehabilitative suspensions for those who engage in solicitation involving misrepresentation that results in actual injury. In some cases, lawyers have even faced disbarment for solicitation, with Tarbert emphasizing that ignorance of the rules, much like ignorance of the law, is no excuse.
Sanchez-Medina reiterated the Bar’s commitment to addressing violations swiftly.
“Our Division of Lawyer Regulation will act swiftly to investigate any reported misconduct,” he said. “We urge anyone who suspects unethical behavior from a lawyer to reach out to our hotline so we can take appropriate action.”
Sanchez-Medina said in the aftermath of natural disasters, the Bar knows many Florida residents will require legal assistance. To address that need, The Florida Bar Young Lawyers Division, in partnership with the ABA Young Lawyers Section and FEMA, has opened its Disaster Relief Hotline (833-514-2940) to connect volunteer attorneys with those who cannot afford legal representation for non-fee generating cases. Interested volunteers can sign up via the Young Lawyers Division website.
The Florida Bar is responsible for enforcing professional conduct rules for the state’s more than 112,000 lawyers. The Supreme Court makes the final determination regarding recommended sanctions, which can range from a public reprimand to disbarment.
The Bar’s Division of Lawyer Regulation oversees the statewide disciplinary system, investigating all legitimate allegations of fraud and misconduct. The Florida Bar opens around 3,400 investigation files yearly, with 200-300 resulting in disciplinary action.
“The integrity of our profession depends on our collective commitment to ethical standards,” Sanchez-Medina added. “We encourage our members to uphold these values and remind the public that they have resources available to report any concerns.”