Thursday, August 31, 2023

On Indictment

The Florida Supreme Court has amended its rules regulating the Bar to add the sentence highlighted below

(1) Great Public Harm. The Supreme Court of Florida may issue an order suspending the lawyer on an emergency basis on petition of The Florida Bar, authorized by its president, president-elect, or executive director and supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that a lawyer appears to be causing great public harm. The fact that a lawyer has been charged with a felony by an indictment or information in state or federal court may, for the purposes of this rule, constitute clear and convincing evidence that the lawyer’s continued practice of law would cause great public harm when such felony charge alleges conduct reflecting adversely on the lawyer’s fitness to practice law.

(Mike Frisch)

Bar Discipline & Process | Permalink


Some example scenarios where this amendment might be implemented include serious criminal charges, such as embezzlement or a violent crime; fraudulent activities, such as misappropriating client funds or engaging in deceptive business practices; neglect or abandonment of clients; ethical violations, such as knowingly presenting false evidence or engaging in conflicts of interest that harm clients; and an immediate threat to the safety or well-being of the public, such as making threats or engaging in violent behavior.

Posted by: Attorney Sherman TX | Aug 31, 2023 12:35:13 PM

Post a comment