Opinion
Case No. SC05-1422.
August 23, 2005.
Lower Tribunal No. 2006-10,092(6B)HES.
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.
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), 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 disbursing or withdrawing any monies from any trust account without approval of a judicial referee appointed by this Court or by order of the circuit court in an inventory attorney proceeding instituted under Rule 1-3.8, Rules Regulating The Florida Bar.
d. To deposit into a specified trust account, either by respondent, an attorney acting on respondent's behalf, or a duly appointed inventory attorney, all sums received from the practice of law, whether as fees, costs, deposits, or trust funds, and to immediately advise Bar Counsel of the receipt and location of said funds.
e. To immediately notify in writing, either by respondent, an attorney acting on respondent's behalf, or a duly appointed inventory attorney, all financial institutions in which respondent maintains trust accounts 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 Bar Counsel with a copy of the notice sent to each financial institution.
f. To submit to an evaluation by Florida Lawyers Assistance, Inc. (F.L.A.) within thirty (30) days of this Court's order, or such earlier time as agreed by F.L.A. and respondent.
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 and CANTERO, JJ., concur.