Opinion
No. SC14–1658.
09-24-2014
THE FLORIDA BAR, Complainant(s), v. Neal Randolph LEWIS, Respondent(s).
Opinion
The Petition for Emergency Suspension filed pursuant to Rule 3–5.2 of the Rules Regulating the Florida Bar is granted and it is hereby ordered that 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 30 days from the date of this Court's order. In addition, Respondent shall cease acting as personal representative for any estate, as guardian for any ward, and as trustee for any trust and will seek to withdraw from said representation within 30 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, 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 and to furnish Staff Counsel of The Florida Bar with an affidavit listing all clients, opposing counsel, and courts so informed within 30 days of this Court's order;
c. to refrain from withdrawing or disbursing any money from any trust account related to Respondent's law practice without approval of this Court, a referee appointed by this Court, or a circuit court in an inventory attorney proceeding under Rule Regulating the Florida Bar 1–3.8. In addition, Respondent is ordered 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, or trustee, paid to the Respondent after the issuance of this order, into a specified trust account, from which withdrawal may be made only in accordance with restrictions imposed by this Court, and to advise Bar Counsel of the receipt and location of said funds within 30 days of the date of this order;
d. to refrain from withdrawing any money from any trust account or other financial institution account related to Respondent's law practice or transferring ownership of any real or personal property purchased in whole or part with funds properly belonging to clients, to probate estates for which Respondent served as personal representative, to guardianship estates for which Respondent served as guardian, or to trusts for which Respondent served as trustee without approval of this Court, a referee appointed by this Court, or a circuit court in an inventory attorney proceeding under Rule Regulating the Florida Bar 1–3.8 ;
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, as a guardian, or as a trustee, or where Respondent maintains an account that contains funds that originated from a probate estate for which Respondent served as personal representative, a guardianship estate for which Respondent served as guardian, or a trust for which Respondent served as trustee, of the provisions of Respondent's suspension, to provide said financial institutions with a copy of this Court's order, and to provide Bar Counsel with a copy of the notice sent to each bank or financial institution; and
f. to immediately comply with and provide all documents and testimony responsive to a subpoena from The Florida Bar for trust account records and any related documents necessary for completion of a trust account audit to be conducted by The Florida Bar.
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.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.