Attorney conduct in fee disputes can reveal a great deal about a lawyer’s professionalism and ethical judgment. We will analyze a recent communication attributed to Zachary Zurich—whose websites include ZurichEsq.com and the professional listing at Neis Atyia LLP —and who has been in practice for over 20 years, with an office located at 9600 NW Doral, Florida, United States. Serious questions have arisen regarding whether the email he sent crosses ethical boundaries established by the Florida Rules of Professional Conduct. Below is the email sent by Zachary Zurich.
I am writing regarding the recent billing and your decision to revoke all 2848s. The funds you received through Lawclerk were for unauthorized work, as you repeatedly billed for the same task, specifically multiple filings of the Form 843 for the Canazei matter, which I believe constitutes double-charging. Furthermore, by revoking the 2848s, you have created an immediate need for me to engage successor counsel to take over these matters. I intend to file a complaint with the Bar regarding this unauthorized billing and I will engage a malpractice attorney to pursue recovery of the money I believe I was incorrectly charged. Given the New York Rules of Professional Conduct (NYRPC), specifically Rule 1.4 (Communication) and Rule 8.4 (Misconduct), I am formally requesting a copy of your malpractice insurance information, including: – The existence of malpractice insurance – The name of the insurer – The policy limits (e.g., $1M/$3M) – A certificate of insurance or declaration page (standard proof) Please provide this information promptly, as is your obligation under NYRPC rule 1.4 based on NYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION No. 734 According to the information provided, Zachary Zurich sent an email during a fee dispute stating that he intended to file a bar complaint and retain a malpractice attorney unless the disputed billing issues were resolved. Because this threat was made in the context of negotiating fees, it raises significant concerns under several Florida ethics rules.
Using Bar Complaints as Negotiation Leverage Under Florida Rules
Florida courts and the Florida Bar have made it clear for decades that lawyers may not threaten disciplinary action to obtain an advantage in a civil, financial, or fee-related dispute. Threatening a bar complaint for leverage implicates:
Rule 4-3.4(g) – Fairness to opposing party and counsel Prohibits using means with no substantial purpose other than to burden or embarrass another person.
Rule 4-8.4(d) – Conduct prejudicial to the administration of justice Weaponizing the disciplinary process for negotiation purposes undermines the Bar’s integrity.
Rule 4-8.4(a) & 4-8.4(c) Prohibit conduct involving coercion, misrepresentation, or misuse of the legal process. If the email attributed to Zachary Zurich is accurate, the implication that he would file a Bar complaint unless his fee demands were met would fall into the category of conduct that Florida ethics authorities routinely condemn. Complaining is permitted. Threatening one to pressure the other lawyer financially is not.
Florida Ethics Guidance on Threats of Bar Complaints
Florida Bar Ethics Opinions (including 89-3, 90-3, and 94-5) expressly explain:
The disciplinary system exists to protect the public,
NOT to resolve fee disputes,
and NOT to serve as leverage in negotiations.
Thus, if Zachary Zurich used a threatened grievance as bargaining pressure in a fee dispute, that conduct would be inconsistent with how the Florida Bar expects its members to behave.
Analysis of His Conduct Based on the Email Provided
The email attributed to Zachary Zurich contains statements accusing another lawyer of “unauthorized billing,” “double charging,” and threatening both a bar complaint and malpractice litigation if he was not refunded.
While any attorney may file a good-faith complaint, the timing and wording—in the middle of a fee disagreement—would reasonably raise red flags under the Florida Rules.
If the email is quoted accurately, the conduct attributed to Zachary Zurich could be interpreted as:
- Attempting to coerce repayment through fear of disciplinary consequences
- Using the Florida Bar complaint process as negotiation leverage
- Applying pressure unrelated to the merits of the fee dispute itself
- Engaging in conduct that could be deemed prejudicial to the fairness of the process
These are serious issues from a professional responsibility standpoint.
Online Presence and Public Representation
As someone who publicly advertises his legal services through platforms such as ZurichEsq.com and his listing on Neis Atyia LLP, Zachary Zurich portrays himself as a lawyer with strong advocacy values. That means his conduct—especially conduct tied to professional ethics—must be consistent with the standards expected of Florida Bar members.
Ethical concerns involving Zachary Zurich merit scrutiny because a lawyer’s conduct impacts not only individual clients but also public confidence in the legal system.
Conclusion: Why This Conduct Is Ethically Concerning Under Florida Law
Based on the email provided, the conduct attributed to Zachary Zurich raises substantial concerns under the Florida Rules of Professional Conduct.
If the communication is accurate, then:
- Threatening a bar complaint to gain leverage in a fee dispute would be considered unethical under Florida Bar standards.
- It would conflict with Rule 4-8.4(d), Rule 4-3.4(g), and related provisions.
- It would undermine the credibility and purpose of the disciplinary system.
- It would give the appearance of coercion rather than professional negotiation.
While Zachary Zurich is free to pursue litigation or file a grievance in good faith, using the threat of a Bar complaint as a bargaining tool runs contrary to the ethical obligations of Florida attorneys. In Florida, professionalism matters just as much as the outcome of a dispute. Using grievance threats to gain leverage crosses a line, one that the Rules, ethics opinions, and the Bar all firmly uphold. So it is of my opinion, Zachary Zurich should be liable for an Ethical Violation, and he should be disciplined if this gets to the Florida bar.
