HCBA Lawyer Magazine Vol. 28, No. 4 | Page 40

florida suPreMe Court’s aMelioration of ethiCs
Professionalism & Ethics Committee
Chairs: Joan Boles – Bay Area Legal Services & Lynn Hanshaw – Langford & Myers, P.A.
F
lorida’s Rules of
Professional Conduct
require attorneys to
exercise due diligence
toward clients and members of
the public. A rule of professional
conduct is the linchpin for
disciplinary action by The Florida
Bar. A referee adjudicates
complaints by The Florida Bar
against attorneys and recommends
appropriate sanctions. Later, the
referee’s findings are forwarded to
the Florida Supreme Court for a
final determination of sanctions.
The Florida Constitution
provides the Supreme Court
with the authority to discipline
attorneys who are admitted to
The Florida Bar. See Art. V, § 15,
Fla. Const. The Supreme Court
has chosen to impose increasingly
tougher sanctions on attorneys
who refuse to comply with their
ethical obligations.
In The Florida Bar v. Marrero,
the Supreme Court found that
severe sanction was warranted,
even though the referee initially
“submitted a report recommending
that the attorney not be found
guilty of any rule violations.” See
The Florida Bar v. Marrero, 192
So. 3d 23, 24 (Fla. 2016). Despite
the referee’s recommendation, the
Supreme Court found the attorney
violated Rule 4-8.4. So the Court
38
“be suspended
“referred the
for ninety days,
case back to the
followed by
referee to hold
a three-year
a hearing and
probationary
recommend a
period, during
disciplinary
which [he]
sanction.” Id.
must complete
at 25.
several courses
According
pertaining to
to the Supreme
real estate
Court, the
contracts
attorney
and closings,
“violated the
the
supreme
Court
has
settlement
Rules Regulating
statements,
the Florida Bar
chosen to impose
escrow, and
by his conduct
increasingly
tougher
ethics.” See
when serving
as an escrow
Marrero, 192
sanctions upon attorneys
agent for a
So. 3d at 25.
who cannot comply
loan provided
But the Supreme
by [his client],
Court rejected
with the ethical rules.
and when
the referee’s
processing a
recommendation
related loan
again and
from Countrywide Bank.” See The
increased the term of suspension
to three years and expected “proof
Florida Bar v. Marrero, 157 So.3d
of rehabilitation prior to
1020, 1022 (Fla. 2015). Rule 4-8.4
reinstatement.” Id. at 27.
requires that a lawyer shall not
“engage in conduct involving
The Preamble to the Rules of
dishonesty, fraud, deceit, or
Professional Conduct provides that
misrepresentation.” The Supreme
“[a] lawyer, as a member of the
Court determined that the attorney
legal profession, is a representative
violated his fiduciary duty to the
of clients, an officer of the legal
client by his “deliberate omissions
system, and a public citizen having
and knowing failures to report
special responsibility for the quality
important information” and
of justice.” The Florida Supreme
committed intentional misdeeds by
Court demands that lawyers live up
“drafting, executing, and witnessing
to that responsibility. Those who
a mortgage loan document contain -
don’t might lose
ing [a] misrepresentation that the
their license to
borrowers had the legal authority
practice law.
to encumber the property.” Id. at
1023; see also Florida Bar v. Hines,
39 So. 3d 1196, 1200 (Fla. 2010);
Author:
Caroline Johnson
Florida Bar v. Joy, 679 So. 2d
Levine - Office
1165, 1167 (Fla. 1996).
of the Attorney
On remand, the referee
General
recommended that the attorney
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MAR - APR 2018
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HCBA LAWYER