Opinion
Case No. SC03-1744.
May 25, 2005.
Lower Tribunal No. 2002-51,794(17C).
The report of the referee is approved, and respondent is suspended from the practice of law for sixty (60) days, effective thirty (30) days from the date of this order so that respondent can close out his practice and protect the interests of existing clients. If respondent notifies this Court in writing that he is no longer practicing and does not need the thirty (30) days to protect existing clients, this Court will enter an order making the suspension effective immediately. Respondent shall accept no new business from the date this order is filed until the suspension expires. Upon reinstatement, respondent is further placed on probation for two (2) years.
The Court approves the terms and conditions of the probationary period as set forth in the report, with the exception of the requirements that respondent "attend and complete a Florida Bar-approved course on case management with specific emphasis on calendaring, tickler systems and prescription deadlines," "purchase, install and thereafter maintain a computer software program designed specifically to manage a reliable system of tracking all client and court-relate deadlines," and "purchase and thereafter maintain a manual program designed specifically to manage a reliable system of tracking all client and court-related deadlines." Instead, during the probationary period, respondent shall undergo full review by the Law Office Management Assistance Service (LOMAS) of the Bar and comply at his own expense with LOMAS recommendations.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Gerald M. Kuchinsky in the amount of $1,831.53, for which sum let execution issue.
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.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.