Thursday, September 1, 2011
The Florida Supreme Court has imposed a suspension of one year with probation for three years on reinstatement in a matter involving solicitation of present and former adult education teachers for a purported class action.
The solicitation letter "contained inaccuracies and statements of fact that induced approximately 50 clients to retain respondent's services." The class action had not yet been certified and the letter stated (contrary to the law) that the court would not recognize the prospective clients' claim if the attorney was not retained.
The court rejected the referee's proposed 90 day suspension in light of the nature of the misconduct and the attorney's record of prior discipline for serious misconduct. (Mike Frisch)