The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.
May 02, 2024
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The Florida Bar
WITH JURY DUTY SCAMS ON THE RISE, ATTORNEY GENERAL MOODY RELEASES NEW RESOURCE TO HELP KEEP FLORIDIANS PROTECTED
The Florida Bar | Article | May 02, 2024
Attorney General Ashley Moody of Florida has responded to a surge in jury duty scams reported by the United States Department of Justice. To combat this, she introduces “Scams at a Glance: Sham or Summons?” providing insights and precautions. The resource advises Floridians to expect jury summons via mail, not email or phone, and emphasizes that no government office demands payment over the phone. Fines are only issued after court appearances, and payment methods involving gift cards or wire transfers should raise suspicion. The initiative targets lawyers to educate clients on these scams. Moody stresses the importance of recognizing, avoiding, and reporting such schemes. For further details and reporting, visit the Florida Court Clerks & Comptrollers website. “Scams at a Glance” aims to inform consumers about prevalent scams and prevent their victimization.
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Legal Discipline
AGGRAVATED ASSAULT WITH DEADLY WEAPON TOPS LAWYER-DISCIPLINE ROUNDUP
Daily Business Review | Article | May 01, 2024
From March 29 to April 29, the Florida Supreme Court disciplined nine attorneys, as reported by The Florida Bar. Among them, five were suspended, one had their ineligibility extended, and three were reprimanded. Notably, Broward County attorney Lee Neil Feinberg received a public reprimand for a road-rage incident. Feinberg self-reported the incident to The Bar, involving a felony charge of aggravated assault with a deadly weapon. He pleaded guilty to a first-degree misdemeanor in June 2022. The incident occurred in November 2019 in Fort Lauderdale, involving Feinberg allegedly brandishing a handgun during a road dispute. Feinberg was required to complete a firearm safety course as part of his probation. Other disciplinary actions included emergency suspensions and reprimands for various reasons, such as misappropriation of trust funds and failure to respond to inquiries. The Florida Bar maintains transparency by publicly posting discipline cases on its website.
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Legal Discipline
ATTORNEY WHO TOLD POLICE ‘F*** YOU, I’M A LAWYER’ IN 2019 NOW ACCUSED OF STEALING CLIENTS’ MONEY
First Coast News | Article | May 01, 2024
The Florida Supreme Court has issued an emergency order suspending lawyer James Alfred Stanley Jr. from practicing law following accusations of misappropriating client funds. The order alleges Stanley diverted settlement money for personal expenses, overdrawing trust accounts by $30,131 to $107,630 over seven months. One client received only $4,000 from a $110,000 settlement, while another received $370 of $70,000. Stanley also deposited settlement checks into his personal account, using the funds for personal expenses, including Poshmark, Comcast, and Amazon payments. The suspension mandates Stanley cease practicing law, conclude current cases within 30 days, and prohibits new clients. This action follows Stanley’s 2019 DUI arrest, where he infamously declared his profession to officers. Charges of possession of an open container were dismissed, while DUI charges were reduced to reckless driving.
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Florida Supreme Court
FLORIDA SUPREME COURT SIDES WITH CALUSA RESIDENTS IN DEVELOPMENT FIGHT
NBC 6 South Florida | Article | May 02, 2024
The Florida Supreme Court has rejected an appeal by a Miami-Dade developer, halting plans for constructing 550 homes on 168 acres in the Calusa neighborhood, a deteriorated former golf course. This decision, celebrated by local residents and conservationists, protects the area’s wildlife, including endangered species like the tricolored heron and Florida bonneted bat. Advocates, like Amanda Prieto of Save Calusa, emphasize community efforts in wildlife preservation. The ruling obliges the developer, GL Homes, to restart the approval process, prompting the submission of a new proposal to Miami-Dade County. GL Homes expressed disappointment over the delay, citing a technical error, but remains optimistic about their housing project’s future approval by the County Commission.
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Legal Profession
ASSISTANT STATEWIDE PROSECUTOR ROBERT MILLER NAMED 2024 FWC DIVISION OF LAW ENFORCEMENT PROSECUTOR OF THE YEAR
FWC News | Article | May 01, 2024
Robert Miller, an Assistant Statewide Prosecutor at the Orlando Office of Statewide Prosecutor, was honored with the 2024 FWC Division of Law Enforcement Prosecutor of the Year award at the Florida Fish and Wildlife Conservation Commission’s May Commission meeting. Nominated by FWC officers in the Northeast Region, Miller was recognized for his dedication and expertise in prosecuting wildlife crimes. With 20 years of prosecutorial experience, he has successfully handled complex cases involving illegal wildlife activities, such as the illegal take of wild turkey, Operation Viper’s captive wildlife violations, and a state park burglary ring. Miller’s commitment to knowledge sharing and collaboration with FWC officers has been instrumental in training and prosecuting natural resource cases. He has also contributed to legislative actions regarding the sale of venomous reptiles. Miller’s strategic approach and passion for conservation law enforcement earned him praise from Col. Brian Smith, Director of the FWC Division of Law Enforcement.
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Legal Profession
36% OF LAWYERS HAVE A DRINKING PROBLEM: ATTORNEY MENTAL HEALTH IN FOCUS
Daily Business Review | Article | April 30, 2024
Mental Health Awareness Month is in May, and experts stress the importance of acknowledging the silent struggle of mental illness, particularly within the legal profession. South Florida attorney L.A. Perkins, part of The Florida Bar’s Mental Health & Wellness of Florida Lawyers Committee, advocates for open dialogue to destigmatize mental health issues. The committee’s initiatives follow alarming statistics, with attorney depression and suicide rates notably high. Recent high-profile suicides, including that of English attorney Vanessa Ford, underscore the urgency for awareness and support. Perkins shares her personal experience and highlights confidential resources like the Florida Lawyers Helpline. Attorney Francisco Ramos Jr. emphasizes the need to perceive depression as a disease and offers support to struggling colleagues. Despite challenges, efforts to address mental health issues continue, with innovative solutions like canine companionship being considered.
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Legal Profession
EDITORIAL: FLORIDA SHOULD FIND BETTER WAYS TO STOP FINANCIAL ABUSE
Orlando Sentinel | Article | May 02, 2024
In Orlando, a case involving City Commissioner Regina Hill highlights the risks associated with misuse of power of attorney (POA). Hill faces seven felony charges for allegedly exploiting a 96-year-old constituent’s finances, spending $100,000 on personal expenses. Florida’s POA laws lack adequate oversight, making it easy for abuse to occur. The state ranks poorly in elder financial abuse cases, prompting calls for legislative reforms. The American Bar Association suggests exploring alternatives like Supportive Decision Making. The Florida Bar proposes granting state investigators access to financial records in suspected abuse cases. Increased funding for abuse investigations may be necessary. While no easy solutions exist, policymakers must prioritize protecting vulnerable Floridians from financial exploitation.
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Legal Profession
STATE BARS ARE ISSUING GENERATIVE AI GUIDANCE: SO, WHAT’S THE VERDICT?
JD Supra | Article | May 01, 2024
Generative AI, a transformative technology, raises ethical concerns in the legal field. In the wake of high-profile cases, states like California, Florida, and New York are issuing guidance. California provides comprehensive principles, covering confidentiality, competence, and billing. Florida emphasizes confidentiality, competence, billing, and lawyer advertising. New York advises disclosing AI tool usage to clients, stressing transparency and human oversight. Expectations point to more states issuing guidance. Task forces are focusing on ethical AI usage, anticipating further opinions. While AI promises legal practice improvements, understanding ethical implications is crucial. As the legal landscape evolves, adherence to ethical standards remains paramount. Compliance requires collaboration with providers well-versed in ethical considerations.