Opinion
Case Nos. SC06-216 and SC07-267.
February 4, 2008.
Lower Tribunal No(s). 2005-00, 415(02A), 2005-00, 875(02A), 2007-00, 787(02A).
The recommendation of the referee as to a one-year suspension with conditions is approved, and respondent is suspended from the practice of law for one year, effective thirty days from the date of this order so that respondent can close out her practice and protect the interests of existing clients. If respondent notifies this Court in writing that she 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 she is reinstated. In addition to the one-year suspension, the Court orders the following:
(1) Respondent shall refund the client, Carrie Mitchell Long, the $1, 500.00 retainer within thirty days of the date of this Order.
(2) Prior to reinstatement and within thirty days of submitting an application for reinstatement, respondent shall undergo a comprehensive psychological evaluation through Florida Lawyers Assistance, Inc. (FLA) at an MD/PhD level. The therapist shall assess respondent's then-current mental status and determine if there are any emotional or mental conditions (including but not limited to stress, dementia, or Alzheimer's) that adversely affect her ability to ethically and capably practice law. In particular, this evaluation shall consider her inability to recognize ethical limits and boundaries, her resistance to seeing matters to conclusion, particularly litigation and trial, and her proclivity for attempting to handle matters beyond her level of expertise or ability. This evaluation is to be supplementary to the evaluation by Leslie Parsons, D.O., dated July 13, 2007. Respondent shall agree to enter into a monitored contract with FLA, the duration of which shall be determined by FLA. The respondent must waive confidentiality as to the report of the evaluation with respect to the report's necessary use in determining respondent's application for readmission.
(3) If respondent is reinstated, she shall comply with the following additional conditions:
(A) Within thirty days after reinstatement, she shall register for the next available session of The Florida Bar Ethics School and shall successfully complete The Florida Bar Ethics School.
(B) Within thirty days after reinstatement, she shall register for the next available session of The Florida Bar Professionalism Workshop and successfully complete The Florida Bar Professionalism Workshop.
(C) Within one year after reinstatement, she shall undergo thirty hours of CLE training, in addition to the required CLER hours provided by the Rules Regulating The Florida Bar, rule 6-10.3, including at least two courses in mid and higher-level litigation subjects.
(D) Within thirty days of reinstatement, she shall register for review of her office organization by and subsequently adopt any recommendation of the Law Office Management Assistance Service.
(E) Respondent shall be on probation for a period of three years, during which time she shall not represent any client without a written fee agreement to be signed and dated by both the client and the respondent. The written fee agreement shall bear a date no later than the first day of representation. Respondent shall submit quarterly reports to The Florida Bar, listing any such new clients and attaching thereto copies of said agreements.
(F) Respondent may only undertake representation of plaintiffs in tort cases if she associates co-counsel, who must be board certified in civil trial or the specialty under which the case falls, for a period of three years after the respondent resumes the practice of law. This requirement will be deemed satisfied if the respondent herself becomes Board Certified within that time period. Respondent shall submit quarterly reports to The Florida Bar listing any such new matters and identifying co-counsel.
(G) During said three-year period of probation respondent shall practice under the supervision of a mentor or retired counsel who can assist her in dealing with issues of seeing matters through to conclusion.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Linda Gurfein Miklowitz in the amount of $10, 246.04, 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.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.