COMPLAINT PROCESSING

(a) Complaints. All complaints against a Florida Registered Paralegal may be initiated either by a sworn complaint asserting a violation of these rules or by The Florida Bar on its own motion.

(b) Review by Bar Counsel. Bar counsel must review the complaint and determine whether the alleged conduct, if proven, would constitute a violation of these rules. Bar counsel may conduct a preliminary, informal investigation to aid in this determination and, if necessary, may employ a Florida Bar staff investigator to aid in the preliminary investigation. If bar counsel determines that the facts, if proven, would not constitute a violation, bar counsel may decline to pursue the complaint. The complainant must be notified of a decision not to pursue a complaint including the reasons for not pursuing the complaint.

(c) Closing by Bar Counsel and Committee Chair. Bar counsel may consult with the appropriate district paralegal committee chair to determine whether the alleged conduct of a complaint, if proven, would constitute a violation of these rules. If bar counsel and the district committee chair concur in a finding that the case should be closed, the complaint may be closed without referral to the district paralegal committee.

(d) Referral to District Paralegal Committee. Bar counsel may refer a file to the appropriate district paralegal committee for further investigation or action as authorized elsewhere in these rules.

(e) Notification of Violation. If a majority of the district paralegal committee finds probable cause to believe that a violation of these rules has occurred, bar counsel or the chair of the district paralegal committee will send written notice to the Florida Registered Paralegal identifying the committee finding and the alleged violation and the Florida Registered Paralegal must notify their supervising lawyer of the complaint. The notice will be sent by certified U.S. mail directed to the last mailing address on file.

(f) Response to Notice of Violation. The Florida Registered Paralegal must file a written response within 30 days of receipt of the notification. If the Florida Registered Paralegal does not respond, the violations identified in the finding of probable cause are deemed admitted.

(g) Committee Review. The district paralegal committee must review the complaint, the finding of probable cause, any response filed, and any other pertinent materials after either the filing of a written response by the Florida Registered Paralegal or the expiration of the time to file a response. The Committee must decide whether to dismiss the proceeding or issue a proposed disposition. The committee must promptly send written notice of its decision to the Florida Registered Paralegal by certified U.S. mail directed to the last mailing address on file.