Opinion
Case No. SC05-2253.
January 4, 2006.
Lower Tribunal No. 2006-30,990(18A)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 (30) days of this Court's order. In addition, respondent shall cease acting as personal representative for any estate, as guardian for any ward, as trustee for any trust, and as escrow agent for any escrow account, and will seek to withdraw from said representation within thirty days from the date of this court's order and will immediately turn over to any successor the complete financial records of any estate, guardianship, trust, or escrow account 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 he 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 monies from any trust account or other financial institution account related to his law practice until further order of this Court unless the respondent first notifies Chief Branch Discipline Counsel of The Florida Bar of his intention to withdraw funds and Chief Branch Discipline 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, trust, or escrow account for which respondent acted as personal representative, guardian, trustee, or escrow agent, until further order of this court unless respondent first notifies Chief Branch Discipline Counsel of The Florida Bar of his intention to withdraw funds and Chief Branch Discipline 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 the respondent's employment as a personal representative, guardian, trustee, or escrow agent, paid to the respondent within the first thirty (30) days 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 notify Staff Counsel of The Florida Bar of the receipt and location of said funds.
e. To immediately notify in writing all financial institutions in which respondent maintains an account related to the practice of law, or related services rendered as a personal representative of an estate, or related services rendered as a trustee, or related services rendered as an escrow agent, or where respondent maintains an account that contains funds that originated from a probate estate for which he was personal reprentative, guardianship estate for which he was guardian, trust account for which he was trustee, or escrow account for which he was the escrow agent, of the provisions of respondent's suspension and to provide said financial institutions with a copy of this Court's order. Furthermore, respondent is required to provide Chief Branch Discipline Counsel with a copy of the notice sent to each bank or financial institution.
f. To refrain from transferring the ownership of any real or personal property in whole or in part with funds properly belonging to clients, probate estates for which he served as personal representative, guardianship estates for which he served as guardian, trusts for which he served as trustee, and escrow accounts for which he served as escrow agent. Additionally, response is ordered to notify Chief Branch Discipline Counsel of The Florida Bar of his intent to transfer ownership of any real or personal property and to provide Chief Branch Discipline 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, a trust for which he served as a trustee, or an escrow account for which he served as escrow agent.
g. To return promptly to each client, probate estate, guardianship estate, trust, or escrow account, upon request, all unearned fees, deposits, expense money, documents, information and other objects or things whatsoever belonging to such client, probate estate, guardianship estate, trust, or escrow account, 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.