Lawyer regulation.

Our system of government demands that the legal profession command the public's full trust and confidence. A recent survey by The Florida Bar's Research, Planning and Evaluation Department revealed 68 percent of those surveyed say the public does not have confidence in the legal system.

Under the current system, Florida's attorneys are licensed, supervised, and regulated by the Florida Supreme Court through The Florida Bar, which is the delegated administrative arm of the court. While self-regulation of the profession by the Bar may have been a worthwhile experiment, it is becoming increasingly apparent that it fails to evenhandedly regulate lawyer misconduct. The Bar's failure is a disservice to both the public and the professionally responsible attorneys who suffer by association.

Among the greatest flaws in the Bar's grievance and disciplinary process are inadequate investigation and documentation to support grievance committee decisions. Written records are not ordinarily kept of grievance committee proceedings. The discussions are typically oral and not, routinely, recorded. This fosters cronyism characterized by a lack of meaningful investigations and nod-nod, wink-wink decisions when well-connected lawyers are involved. Many firms are political...