Opinion
SC2024-1139
08-22-2024
The Florida Bar, Complainant(s) v. Charles Michael David, Respondent(s)
NOT TO BE PUBLISHED
Not final until time expires to file motion for rehearing, and if filed, determined.
Lower Tribunal No(s).: 2023-00,526(8B)
The Court hereby approves the Stipulation below and respondent is hereby diverted to a practice and professionalism enhancement program pursuant to Rule 3-5.3 of the Rules Regulating The Florida Bar, under the terms stated in the conditional agreement.
Stipulation
Respondent must attend Ethics School, in person where scheduled by the bar, and pay all associated fees and costs within 6 months of the date of this order.
Respondent must complete the following continuing legal education course(s) within thirty days of this order:
1. LegalFuel Speaker Series: Ten Ways to Avoid Bar Discipline Course Number: 3101
2. LegalFuel - Bar Complaints: Understanding the Process and How to Avoid Them Course Number: 7033
Should any of these courses no longer be offered, respondent agrees to take equivalent course approved by The Florida Bar prior to registering for the courses. These course/hours are in addition to respondent's current Continuing Legal Education cycle and shall not count toward the required hours needed pursuant to 6-10.3(b), Rules Regulating The Florida Bar. Respondent shall submit an affidavit attesting to the completion of the hours. Respondent is responsible for paying all fees and expenses incurred with the CLEs.
Respondent has obtained a mentoring attorney for a total of six meetings for one hour each month. The mentoring attorney shall provide continuous monitoring during the diversion period and shall meet in person, by phone, or some other means as agreed to by the parties to serve as a guide, coach, advisor, advocate, counselor, and role model, to assist the respondent in identifying professional and personal goals, record interactions and keep track of development and progress, and maintain confidentiality. The mentor shall prepare reports to The Florida Bar stating when the respondent and mentor met and the general discussion and impressions of the mentor at the three (3) month mark and the six (6) month mark during the sixmonth period. Respondent shall abide by all recommendations made by the mentoring attorney and pay a quarterly monitoring fee of $100.00 to The Florida Bar during the diversion period when the report is provided.
Respondent is further directed to comply with all other terms and conditions set forth in the conditional agreement.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Respondent in the amount of $1,250.00, for which sum let execution issue. These disciplinary costs are not dischargeable in any future proceedings, including, but not limited to, a petition for bankruptcy. Respondent will be delinquent and ineligible to practice law if respondent does not satisfy the cost judgment within 30 days of this order, unless The Florida Bar Board of Governors defers payment.
MUNIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.