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Broward County Bar Association
Professionalism Committee
Broward County Bar Association
Professionalism Committee
PROCEDURE FOR THE FILING AND REVIEW OF PROFESSIONALISM REFERRALS
1. An attorney or judge who observes the conduct on the part of another attorney which is inconsistent with The Ideals and Standards of Professionalism published by the Board of Governors of the Florida Bar or the Standards of Professional Courtesy published by the Board of Directors of the Broward County Bar Association, may request that the Peer Review Council consider the matter. Such a request is directed in the first place by letter to the Chairperson of the Professionalism Committee of the Broward County Bar Association, who is charged with the responsibility of reviewing the matter and determining whether it justifies a referral to the Advisory Board. The attorney who is the subject of a referral is called the "Referred Attorney." The attorney or judge who refers the matter is called the "Referring Party."
2. A referral must be in writing. A referral must include the following information:
- the name, address and telephone number of both the person filing the referral and the person about whom the referral is filed;
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b. the facts upon which the referral is based, including all documents which support, contradict or mitigate the allegations in the referral;
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c. the names of any other persons who witnessed or have first hand knowledge of the conduct; and,
- which Standards the Referring Party or judge believes were breached.
All referrals must be signed by the Referring Party. A form of referral which is to be published and used is attached as Exhibit "A".
3. All referrals must be sent to the Chairperson of the Broward County Professionalism Committee, c/o the Broward County Bar Association, 1051 SE 3rd Avenue, Fort Lauderdale, Florida 33316. The Chairperson shall then delegate particular referrals to a panel of three (3) members of the Peer Review Council ("PRC") on a rotating basis for initial review. The reviewing PRC members may contact the Referring Party to request additional information or documents as needed, but are not obligated to independently investigate the allegations contained in the referral.
4. The reviewing PRC members shall complete the initial review in no more than fourteen (14) days unless they are awaiting additional materials from the Referring Party. The reviewing PRC members shall then determine whether the referral states a violation of any Standard.
5. If the reviewing PRC members determine that the referral does not state a violation of any Standard, then they shall so notify the Referring Party and the PRC*s consideration of the referral shall be complete.
6. If the reviewing PRC members determine that the referral does state a violation then the reviewing PRC members shall provide a copy of the referral to the Referred Attorney and shall notify the Referred Attorney in writing that the referral does state a violation of the Standards. The Referred Attorney shall then have fourteen (14) days from receipt in which to transmit a response to the reviewing PRC members, which response must be signed.
7. All communication with the Referred Attorney shall be marked "Personal and Confidential," and shall be addressed to the Referred Attorney.
8. Upon receipt of the response from the Referred Attorney, or after the expiration of twenty (20) days, the reviewing PRC members, shall determine whether all of the evidence before them demonstrates that one or more Standards have been violated without justification or that a violation has occurred with justification. If a majority of the three (3) members determine that no violation has occurred, then they shall so notify both the Referring Party and the Referred Attorney in writing and the consideration of the referral shall be complete. If a majority of the three (3) members determine that a violation without justification has occurred, then they shall prepare a written report and transmit that report, along with any materials received, to the Peer Review Advisory Board ("Board") within seven (7) days.
9. The PRC's reort shall contain a brief summary of the facts upon which the referral is based as to which Standards have been violated, drawn by the PRC and the conclusions. The report shall also contain a statement of the recommended disposition and a brief statement of reasons supporting the recommendation. A simple form of this report is attached as Exhibit "B."
10. Once the PRC*s report is completed, it shall be final and there shall be no opportunity for rehearing, amendment, modification, by the PRC or future proceedings about the referral that was before the PRC. All further business concerning the referral shall be taken before the Peer Review Advisory Board.
11. Upon receipt of a report and backup materials, the Board shall set a date for a meeting wherein the Board shall meet with the Referred Attorney. That meeting shall occur no later than fourteen (14) days from the Board*s receipt of the referral, if possible. Notice of that meeting shall be in writing and transmitted by telefacsimile or regular mail to each member of the Board and to the Referred Attorney, marked "Personal and Confidential." This meeting shall be closed to the public, and all statements made during the meeting shall remain confidential for all purposes.
12. No member of the PRC or Board shall speak directly to the Referred Attorney or to the Referring Party about the subject of the referral while a referral is pending with the exception of the Board*s communications with the Referred Attorney at the duly noticed hearing.
13. All aspects of the PRC*s and Board*s review shall be confidential except that the Board shall notify the Referring Party that a violation of the Standards was found on the referral.
14. The referral, and any and all documents, shall not be retained by the Broward County Bar Association, the PRC, or the Advisory Board.
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