Opinion
No. SC08-2342.
January 5, 2009.
Lower Tribunal No(s). 2008-51,709(17A)FES.
After considering respondent's response and The Florida Bar's reply, the Petition for Emergency Suspension filed pursuant to Rule 3-5.2 of the Rules Regulating The Florida Bar is approved and it is hereby ordered that the respondent is suspended from the practice of law until further order of this Court. Further, respondent is ordered:
a. To accept no new clients from the date of this Court's order and to cease representing any clients after thirty days of this Court's order.
b. To immediately furnish a copy of respondent's suspension order to all clients, opposing counsel and co-counsel, and all courts, tribunals and adjudicative agencies before which respondent is counsel of record, and to furnish Staff Counsel of The Florida Bar with the requisite affidavit listing all clients, persons and entities so informed within thirty days of this Court's order. See R. Regulating Fla Bar 3-5.1(g).
c. To immediately refrain from disbursing or withdrawing any monies from any trust account or law firm operating account without approval of the Florida Supreme Court or a referee appointed by the Florida Supreme Court or order of the circuit court in which an inventory attorney has been appointed.
d. To immediately deposit into a specified trust account all sums received from the practice of law, whether as fees, costs, deposits, or trust funds, and to immediately advise Bar Counsel of the receipt and location of said funds.
e. To immediately notify in writing all financial institutions in which respondent maintains trust accounts or law firm operating accounts of the provisions of respondent's suspension and to provide said financial institutions with a copy of this Court's order, and furthermore, to provide Bar Counsel with a copy of the notice sent to each financial institution.
The parties shall comply with Rule 3-5.2, including subsection (e).
Not final until time expires to file motion for rehearing, and if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this suspension.
QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANADY, and POLSTON, JJ., concur.