Opinion
Case No. SC02-1987
September 27, 2002
LOWER TRIBUNAL NO. 2003-30-358(07C)(CES)
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 the respondent is suspended from the practice of law until further order of this Court, and respondent (or an attorney acting on respondent's behalf) 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.
b. To immediately furnish a copy of respondent's suspension order to all clients and to furnish Staff Counsel of The Florida Bar with the requisite affidavit listing all clients so informed within 30 days after issuance of this Court's order.
c. To refrain from withdrawing any monies from any trust account or other financial institution account related to this law practice 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.
d. To deposit into a specified trust account all sums received from the practice of law, whether as fees, costs, deposits, or trust funds, within 30 days following the entry of the order of suspension in this case and thereafter, and to immediately advise Bar Counsel 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 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 Chief Branch Discipline Counsel with a copy of the notice sent to each financial institution.
f. To refrain from transferring the ownership of any real or personal property purchased in whole or in part with funds properly belonging to clients. Additionally, the Bar requests that respondent be 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.
g. To return promptly to each client upon request, all unearned fees, deposits, expense money, documents, information and other objects or things whatsoever belonging to such client 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.
ANSTEAD, C.J., and SHAW, WELLS, PARIENTE, LEWIS, QUINCE and CANTERO, JJ., concur.