Friday, February 17, 2012

Bar Discipline May Rely On Facts Established By Other Tribunals

The Florida Supreme Court has imposed a 91-day suspension of an attorney for misconduct in federal bankruptcy matters.

The attorney's misconduct related to the representation of two clients. The bankruptcy court found, among other things, that the attorney filed frivolous pleadings and repeatedly made allegations that were "incorrect or false." A $14,000 sanction was imposed in one of the matters. The attorney also continued to file pleadings after she no longer represented anyone in a matter.

The attorney claimed that the disciplinary proceeding improperly relied upon the findings of the bankruptcy court. The court here held that it is proper to rely on facts established in orders and decisions by other tribunals. (Mike Frisch)

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