Published: Nov 23, 2011 4:23 PM EST

FORT MYERS, Fla.- Andrew Epstein says he was disturbed when he saw WINK's video of defense attorney Karen Miller during a murder trial last month.

He was even more worried to learn she told a judge to declare a mistrial after he accused her of being under the influence. Miller denied drinking.

"I wanted to make sure the bar had been informed that the story was out there," said Epstein.

Epstein says he emailed our story to the Florida Bar, only to learn an investigation had been opened already a day after our story aired.

Even though Miller's issues with substance abuse were well documented, the Bar told us she had a clean record just weeks earlier.

A representative from the Bar Association tells us if no one knew for sure she was intoxicated, no one is required to file a sworn report.

But Epstein, a former president of the Lee County Bar chapter, says he feels someone dropped the ball. He just isn't sure who. Now Miller's client will get another day in court to explain why his case may have been compromised.