Opinion
No. SC06-2319.
January 24, 2008.
Lower Tribunal No(s). 2006-00,695(2B), 2007-00,619(2B).
After reviewing the uncontested referee's report, the Court disapproves the language in paragraph IV(C) of the referee's report and paragraph 3(C) of the conditional guilty plea for consent judgment. Those paragraphs shall now read "A one-year period of probation. In the event of allegations that respondent has violated his probation, or that his FLA, Inc. contract should be extended, The Florida Bar shall file a petition in this Court pursuant to Rule Regulating the Florida Bar 3-5.1(c), by which the respondent may be punished for contempt or further sanctioned. Respondent may be in violation of probation for the following events:
1) A finding by a grievance committee of probable cause against the Respondent; or
2) Respondent's failure to comply with any terms and conditions of any contract with Florida Lawyers Assistance, Inc."
Otherwise, the Court approves the uncontested referee's report and respondent is suspended from the practice of law for thirty days, effective thirty 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 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 he is reinstated.
Upon reinstatement, respondent is further placed on probation for one year under the terms and conditions set forth in the report and the consent judgment. Respondent is further directed to comply with all other terms and conditions of the report and the consent judgment.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Michael A. Reichman in the amount of $1,798.75, 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.