Opinion
No. SC08-427.
March 14, 2008.
Lower Tribunal No(s). 2008-31, 451(09A) CES.
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, and 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, and furthermore, to cease acting as personal representative for any estate, as guardian for any ward, and as trustee for any trust after thirty days of this Court's order, and to immediately turn over to any successor the complete financial records of any estate, guardianship or trust upon the successor's appointment.
b. To immediately furnish a copy of respondent's suspension order to all clients, opposing counsel and courts before which respondent is counsel of record and to furnish Staff Counsel of The Florida Bar with the requisite affidavit listing all clients, opposing counsel and courts so informed within thirty days of this Court's order.
c. To refrain from disbursing or withdrawing any monies from any trust account or other financial institution account related to respondent's law practice until further order of the Florida Supreme Court unless respondent first notifies Chief Branch Discipline Counsel of The Florida Bar, Orlando Branch, Jan K. Wichrowski, of his intention to withdraw funds and Jan K. Wichrowski approves the withdrawal, or without approval of a referee appointed by the Florida Supreme Court, or without order of the circuit court in which an inventory attorney has been appointed.
d. To refrain from disbursing or withdrawing any monies from any financial institution account that contains funds that originated from a probate estate, guardianship estate, or trust for which respondent acted as personal representative, guardian, or trustee, until further order of the Florida Supreme Court unless respondent first notifies Jan K. Wichrowski of his intention to withdraw funds and Jan K. Wichrowski approves the withdrawal, or without approval of a referee appointed by the Florida Supreme Court, or without order of the circuit court in which an inventory attorney has been appointed.
e. To deposit into a specified trust account all sums received from the practice of law or in connection with respondent's employment as a personal representative, guardian or trustee, whether as fees, costs, deposits, or trust funds, within thirty days of this Court's order and to immediately advise Bar Counsel of the receipt and location of said funds.
f. To immediately notify in writing all financial institutions in which respondent maintains an account related to the practice of law, or related to services rendered as a personal representative of an estate, or related to services rendered as a guardian, or related to services rendered as a trustee, or where respondent maintains an account that contains funds that originated from a probate estate for which he was personal representative, guardianship estate for which he was guardian, or trust for which he was trustee, 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 Jan K. Wichrowski with a copy of the notice sent to each financial institution.
g. To refrain from transferring the ownership of any real or personal property purchased in whole or in part with funds properly belonging to clients, probate estates for which respondent served as personal representative, guardianship estates for which he served as guardian, and trusts for which he served as trustee, and furthermore, to notify Jan K. Wichrowski of his intent to transfer ownership of any real or personal property and to provide Jan K. Wichrowski with information proving that the property to be transferred was not purchased with funds properly belonging to a client, a probate estate for which he served as personal representative, a guardianship estate for which he served as guardian, or a trust for which he served as trustee.
h. To return promptly to each client, probate estate, guardianship estate, or trust, upon request, all unearned fees, deposits, expense money, documents, information and other objects or things whatsoever belonging to such client, probate estate, guardianship estate, or trust, and to make himself available at a single, specific business address during normal working hours to receive such requests.
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.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.