"I defend my fellow lawyers, and I will work hard toward resolving the Bar Complaint filed against you."
--Patrick John McGinley
How I Defend Against Bar Complaints
NEGOTIATION
I know how to negotiate with Bar Counsel to obtain a favorable resolution.
PREVENTION
Confidentially, I can assist you in making sure you do not face this same bar complaint again.
LITIGATION
I have been to trial against Bar Counsel, and I have won. Bar Counsel knows it.
EXPLANATION
I know what Bar Counsel needs to hear to feel comfortable closing your investigation.
I'm attorney Patrick John McGinley, and I am a Florida Ethics Lawyer who defends his fellow attorneys against Florida Bar Complaints, grievances, and ethics investigations. The reason I am a Florida Ethics Lawyer is because I believe in our profession and the great work that we lawyers do. I am proud to defend my fellow attorneys since 1996. I am proud to teach law school classes in Professional Responsibility and ethics since 2015. I would be proud to put my skills and experience to work for you.
My career as a Florida Ethics Lawyer began in 1993 as a law clerk, then as an associate attorney, working for the late Executive Director of The Florida Bar, Marshall R. Cassedy, and the late Assistant Executive Director, Richard C. McFarlain. For 19 years, Mr. Cassedy and Mr. McFarlain ran The Florida Bar with dignity and distinction. Then they entered private practice to defend lawyers and judges against Florida Bar ethics complaints and Florida Bar Grievances. I am thankful that they taught me how to defend my fellow lawyers.
Lawyers are tempted to defend themselves against Florida Bar Complaints instead of hiring a Florida Ethics Lawyer. Lawyers forget the old adage that "a lawyer who defends himself has a fool for a client."
Ever go to court against an adversary who never set foot in that type of courtroom before? That is what Florida Bar Counsel think of you when you represent yourself.
Ever negotiate with an inexperienced opposing counsel who knows the basics but lacks detailed knowledge of the issues at hand? Well, you are the inexperienced lawyer if you go up against Florida Bar Counsel without the representation of a Florida Ethics Lawyer.
If you are facing an ethics complaint, you should hire a Florida Ethics Lawyer even though you are a lawyer yourself. If a dentist has a toothache, should she perform a root canal upon herself? If a surgeon is injured, should he perform surgery upon himself? You see my point. It is not unprofessional for a lawyer to hire a Florida Ethics Lawyer -- indeed, it's quite wise to do so.
By hiring a Florida Ethics Lawyer like me, you are represented by someone who knows the particular procedures followed by Florida Bar Counsel and knows the particular Rules Regulating The Florida Bar that apply to adjudicating bar grievances and ethics complaints. Like every legal system, the Florida Bar Grievance System has pitfalls for the unweary. Your law license is too important to lose due to procedural pitfalls.
A Florida Ethics Lawyer like me knows what The Florida Bar needs to hear to feel comfortable closing your ethics investigation. Florida Bar Counsel have great discretion whether to proceed with a bar complaint. Bar Counsel can close a bar complaint, and end an ethics investigation. Closure can happen quickly if Bar Counsel can be convinced that justice requires closure. Closure can happen if Bar Counsel can be convinced that Bar Counsel will lose the case. A Florida Ethics Lawyer like me knows how to argue for a quick and early closure of The Florida Bar's investigation. The sooner the Bar closes its ethics investigation, the better.
A Florida Ethics Lawyer like me knows how to negotiate with Florida Bar Counsel to obtain a favorable resolution. One option available under the Rules Regulating The Florida Bar is a pretrial diversion that does not count as attorney discipline and does not appear on your "ethics record" on The Florida Bar website. Other options are available in specific cases that, also, do not count as attorney discipline. A Florida Ethics Lawyer like me knows these options and can negotiate toward such an outcome.
A well-experienced Florida Ethics Lawyer like me has defended against trust account audits, represented lawyers at sworn statements before Florida Bar Counsel, challenged Bar Counsel's behavior before Florida Bar Grievance Committees, appeared before the Florida Supreme Court, and has been to trial before Supreme Court Referees -- and won.
Experience counts. My experience as a Florida Ethics Lawyer could make a difference and, hopefully, make your Florida Bar Complaint go away.
If you would like to read more about the Florida Bar Grievance system and how Florida Ethics Lawyers do their work, I invite you to visit my other website,
www.DefendingLawyers.com
for more information. Please contact me whenever you need my advice or representation. My phone number is 407-681-2700. My email address is Patrick@McGinleyLaw.com. I always make time to help a fellow attorney.
Sincerely,
Patrick John McGinley
My Credentials
Call 407-681-2700
-- 23+ years experience practicing law and defending lawyers
-- Board Certified by The Florida Bar in Appellate Practice (from June 2008 to May 2023)
-- 4+ years experience teaching law school including lectures on ethics and Professional Responsibility
-- Dedicated to defending lawyers against Florida Bar Complaints and ethics investigations
-- Author of 4 nationally distributed law books, published by Thomson Reuters, and available on WestLaw
-- Award winning attorney: received a 2019 Pro Bono Service Award from the Orange County Bar Association
Law Office of Patrick John McGinley, P.A. , 2265 Lee Road # 100, Winter Park, FL 32789. Phone 407-681-2700