Opinion
Case No. SC05-619.
April 20, 2005.
Lower Tribunal No. 2005-31,527(19B)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, acting as a personal representative for any estate, as guardian for any ward, or as trustee for any trust, and if necessary, immediately withdraw. Respondent will 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 as required by Rule 3-5.1(g) of the Rules of Discipline of The Florida Bar and to furnish Staff Counsel of The Florida Bar with the requisite affidavit listing all clients, opposing counsel and courts so informed within thirty (30) days of this Court's order.
c. To refrain from withdrawing any money from any trust account or other financial institution account related to respondent's law practice until further order of this Court unless respondent first notifies Chief Branch Disciplinary Counsel of The Florida Bar of respondent's intention to withdraw funds and Chief Branch Disciplinary Counsel approves the withdrawal or order of the circuit court in which an inventory attorney has been appointed pursuant to 1-3.8, R. Regulating Fla. Bar. Additionally, respondent shall not withdraw any money from any financial institution account that contains funds that originated from a probate estate, guardianship estate, or trust for which respondent is acting as personal representative, guardian, or trustee until further order of this Court unless respondent first notifies Chief Branch Disciplinary Counsel of The Florida Bar of respondent's intention to withdraw funds and Chief Branch Disciplinary Counsel approves the withdrawal or order of the circuit court in which an inventory attorney has been appointed pursuant to 1-3.8, R. Regulating Fla. Bar.
d. To deposit any fees, or other sums received in connection with the practice of law or in connection with respondent's employment as a personal representative, guardian or trustee, paid to the respondent during the first thirty (30) days after issuance of this Court's order into a specified trust account from which withdrawal may only be made in accordance with restrictions imposed by this Court. Further, respondent shall immediately advise Bar Counsel of the receipt and location of said funds.
e. To immediately notify in writing all banks and 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 the 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 is personal representative, guardianship estate for which he is guardian, or trust for which he is trustee, of the provisions of this Court's order of suspension and to provide all the aforementioned banks and 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 bank and financial institution.
f. 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 estate for which respondent served as guardian, and/or trust for which respondent served as trustee. Additionally, to notify Chief Branch Disciplinary Counsel of The Florida Bar of respondent's intent to transfer ownership of any real or personal property and to provide Chief Branch Disciplinary Counsel 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 a guardian, or a trust for which he served as a trustee.
g. 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 in order to accomplish this, 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.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.