Florida Bar rules proposals concerning discipline
The Board of Governors of The Florida Bar gives notice of filing with the Supreme Court of Florida, on or about January 3, 2025, a petition to amend the Rules Regulating The Florida Bar. The full text of the proposed amendments is below. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments must be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs these proceedings.
RULE 3-5.2 EMERGENCY SUSPENSION; INTERIM PROBATION; INTERIM PLACEMENT ON THE INACTIVE LIST FOR INCAPACITY NOT RELATED TO MISCONDUCT; AND FREEZING TRUST ACCOUNTS
Within subdivision (b), adds new subdivisions (4) and (5) adding procedures for motions for dissolution for interim probation and a ban on successive motions for dissolution. Moves current (b)(6) to mirror subdivision (a). Within (a)(6), adds that the bar must show the respondent is causing great public harm. Within subdivision (b)(4) (shown deleted), adds back the sentences on interim probation.
RULE 3-5.4 PUBLICATION OF DISCIPLINE
Within the comment, adds the article “the” in front of Southern Reporter.
RULE 3-7.7 PROCEDURES BEFORE SUPREME COURT OF FLORIDA
Within subdivision (c)(3), changes the time for answer, reply, and cross reply briefs from 20 to 30 days.
RULE 3-7.18 DISPOSITION OF INQUIRIES OR COMPLAINTS REFERRED TO THE BAR BY MEMBERS OF THE JUDICIARY
Within subdivision (a)(2) adds that the reporting member of the judiciary has to be reporting information obtained during the course of that person’s official duties as a member of the judiciary to be considered a judicial referral and excluding judicial election violations.
RULE 14-4.1 ARBITRATION PROCEEDINGS
Within subdivision (c), removes the requirement for consent of staff counsel for intake counsel to refer complaints to fee arbitration. Within proposed subdivision (c)(2) changes “chief branch staff counsel” to “chief branch discipline counsel.”
RULE 20-5.1 GENERALLY
Within subdivision (a), adds on the inactive list due to incapacity.
Professionalism Code 1.2 Referrals to The Florida Bar
Adds an exception for referral to a local professionalism panel when the bar and respondent agree to diversion.
RULE 3-5.2 EMERGENCY SUSPENSION AND INTERIM PROBATION
(a) Emergency Suspension.
(1) Great Public Harm. The Supreme Court of Florida may issue an order suspending the lawyer on an emergency basis on petition of The Florida Bar, authorized by its president, president-elect, or executive director and supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that a lawyer appears to be causing great public harm. The fact that a lawyer has been charged with a felony by an indictment or information in state or federal court may, for the purposes of this rule, constitute clear and convincing evidence that the lawyer’s continued practice of law would cause great public harm when such felony charge alleges conduct reflecting adversely on the lawyer’s fitness to practice law.
(2) Discipline by Foreign Jurisdiction. The Supreme Court of Florida may issue an order suspending the lawyer on an emergency basis under this chapter on petition of The Florida Bar, authorized by its president, president-elect, or executive director and supported by a certified copy of an order of a foreign disciplinary jurisdiction suspending or disbarring a lawyer from the practice of law.
(3) Formal Complaint, Answer, and Defenses. A petition for emergency suspension also constitutes a formal complaint. The respondent has 20 days after docketing by the Supreme Court of Florida of its order granting the bar’s petition for emergency suspension in which to file an answer and any affirmative defenses to the bar’s petition.
(4) Appointment of Referee. The Supreme Court of Florida will promptly appoint or direct the appointment of a referee on entry of an order of suspension.
(5) New Cases and Existing Clients. Any emergency suspension order issued under this subdivision immediately precludes the lawyer from accepting any new cases and, unless otherwise ordered, permits the lawyer to continue to represent existing clients for only the first 30 days after issuance of an emergency order. Any fees paid to the suspended lawyer during the 30-day period must be deposited in a trust account from which withdrawals may be made only in accordance with restrictions imposed by the court.
(6) Motions to Dissolve or Amend. The lawyer may move at any time to dissolve or amend an emergency order by motion filed with the Supreme Court of Florida, unless the bar has demonstrated, through a hearing or trial, the likelihood of prevailing on the merits on any of the underlying violations of the Rules Regulating The Florida Bar that establishes the respondent is causing great public harm. The lawyer must serve a copy of the motion on bar counsel. The motion will not stay any other proceedings or applicable time limitations in the case and will immediately be assigned to a referee designated by the chief justice, unless the motion fails to state good cause or is procedurally barred as an invalid successive motion. The filing of the motion will not stay the operation of an emergency suspension order entered under this subdivision.
(7) Successive Motions Prohibited. The Supreme Court of Florida will summarily dismiss any successive motions for dissolution or amendment that raises issues that were, or with due diligence could have been, raised in a prior motion.
(8) Hearing on Petition to Terminate or ModifyMotion to Dissolve or Amend Suspension. The referee will hear a motion to terminate or modifydissolve or amend a suspension imposed under this subdivision within 7 days of assignment and submit a report and recommendation to the Supreme Court of Florida in an electronic format approved by the supreme court within 7 days of the hearing date. The referee will recommend dissolution or amendment, whichever is appropriate, if the bar cannot demonstrate a likelihood of prevailing on the merits on at least 1 of the underlying violations of the Rules Regulating The Florida Bar that establishes the respondent is causing great public harm.
(9) Review by the Supreme Court of Florida. The Supreme Court of Florida will review and act on the referee’s findings and recommendations on receipt of the referee’s report on the motion for dissolution or amendment. Briefing schedules following the petition for review are as set forth in subchapter 3-7 of these rules.
(10) Hearings on Issues Raised in Petitions for Emergency Suspension and Sanctions. Once the Supreme Court of Florida has granted a petition for emergency suspension under this subdivision, the referee appointed by the court will hear the matter in the same manner as provided in rule 3-7.6, except that the referee will hear the matter after the lawyer charged has answered the charges in the petition for emergency suspension or when the time has expired for filing an answer. The referee will issue a final report and recommendation in an electronic format approved by the supreme court within 90 days of appointment. If the time limit specified in this subdivision is not met, that portion of an emergency suspension order will be automatically dissolved, except on order of the Supreme Court of Florida, provided that any other appropriate disciplinary action on the underlying conduct still may be taken.
(b) Petition for Interim Probation.
(1) Petition. The Supreme Court of Florida may issue an order placing a lawyer on interim probation, under the conditions provided in rule 3-5.1 on petition of The Florida Bar, authorized by its president, president-elect, or executive director and supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that conditions or restrictions on a lawyer’s privilege to practice law in Florida are necessary to protect the public.
(2) Formal Complaint, Answer, and Defenses. The petition also constitutes the formal complaint. The respondent has 20 days after docketing by the Supreme Court of Florida of its order granting the bar’s petition for interim probation in which to file an answer and any affirmative defenses to the bar’s petition.
(3) Appointment of Referee. The Supreme Court of Florida will promptly appoint or direct the appointment of a referee on entry of an order of interim probation.
(4) Motions to Dissolve or Amend. The lawyer may move at any time to dissolve or amend an order imposing interim probation by motion filed with the Supreme Court of Florida, unless the bar has demonstrated, through a hearing or trial, the likelihood of prevailing on the merits on any of the underlying violations of the Rules Regulating The Florida Bar. The lawyer must serve a copy of the motion on bar counsel. The motion will not stay any other proceedings or applicable time limitations in the case and will immediately be assigned to a referee designated by the chief justice, unless the motion fails to state good cause or is procedurally barred as an invalid successive motion. The filing of the motion will not stay the operation of an interim probation order entered under this subdivision.
(5) Successive Motions Prohibited. The Supreme Court of Florida will summarily dismiss any successive motion for dissolution or amendment that raises issues that were, or with due diligence could have been, raised in a prior motion.
(6) Hearing on Motion to Dissolve or Amend Interim Probation. The referee will hear a motion to dissolve or amend an interim probation imposed under this subdivision within 7 days of assignment and submit a report and recommendation to the Supreme Court of Florida in an electronic format approved by the supreme court within 7 days of the hearing date. The referee will recommend dissolution or amendment, whichever is appropriate, if the bar cannot demonstrate a likelihood of prevailing on the merits on at least 1 of the underlying violations of the Rules Regulating The Florida Bar that establishes that conditions or restrictions on a lawyer’s privilege to practice law in Florida are necessary to protect the public.
(7) Review by the Supreme Court of Florida. The Supreme Court of Florida will review and act on the referee’s findings and recommendations on receipt of the referee’s report on the motion for dissolution or amendment. Briefing schedules following the petition for review are as set forth in subchapter 3-7 of these rules.
(48) Hearings on Issues Raised in Petitions for Interim Probation. Once the Supreme Court of Florida has granted a petition for interim probation under this rule, the referee appointed by the court will hear the matter in the same manner as provided in rule 3-7.6, except that the referee will hear the matter after the lawyer charged has answered the charges in the petition for interim probation or when the time has expired for filing an answer. The referee will issue a final report and recommendation in an electronic format approved by the supreme court within 90 days of appointment. If the time limit specified in this subdivision is not met, that portion of an emergency order imposing an interim probation will be automatically dissolved, except on order of the Supreme Court of Florida, provided that any other appropriate disciplinary action on the underlying conduct still may be taken.
(5) Review by the Supreme Court of Florida. The Supreme Court of Florida will review and act on the referee’s findings and recommendations regarding interim probations on receipt of the referee’s report. Briefing schedules following the petition for review are as set forth in subchapter 3-7 of these rules.
(c) Trust Accounts. Any order of emergency suspension or interim probation that restricts the lawyer in maintaining a trust account will be served on the respondent and any bank or other financial institution maintaining an account against which the respondent may make withdrawals. The order enjoins the bank or financial institution from making further payment from the trust account or accounts on any obligation, except in accordance with restrictions imposed by the court through subsequent orders issued by a court-appointed referee. Bar counsel will serve a copy of the Supreme Court of Florida’s order freezing a lawyer’s trust account via first class mail on any bank in which the respondent’s trust account is held. Funds held in a frozen trust account must be disposed of in accordance with the procedures provided elsewhere in these rules.
(d) Proceedings in the Supreme Court of Florida. The Supreme Court of Florida will expedite consideration of the referee’s report and recommendation regarding emergency suspension and interim probation. The chief justice will schedule oral argument as soon as practicable, if granted.
(e) Waiver of Time Limits. The respondent may, at any time, waive the time requirements set forth in this rule by written request made to and approved by the referee assigned to hear the matter.
RULE 3-5.4 PUBLICATION OF DISCIPLINE
(a) Nature of Sanctions. All disciplinary sanctions, as defined in rules 3-5.1 and 3-5.2, or their predecessors, of these Rules Regulating The Florida Bar in disciplinary cases opened after March 16, 1990 are public information. Admonishments for minor misconduct entered in disciplinary cases opened on or before March 16, 1990 are confidential.
(b) Disclosure on Inquiry. All public disciplinary sanctions will be disclosed on inquiry.
(c) Manner of Publication. Unless otherwise directed by the court, and subject to the exceptions set forth below, all public disciplinary sanctions may be published for public information in print or electronic media.
(d) Limited Exception for Admonishments Issued by the Supreme Court of Florida. All admonishments issued by the court containing the heading “Not to be Published” will not be published in the official court reporter and will not be published in The Florida Bar News.
“Not to be Published” does not have the same meaning as “confidential.” The Florida Bar may post information regarding specific orders of admonishment on the bar’s website. Further, The Florida Bar may provide information regarding an admonishment on inquiry.
Comment
All disciplinary sanctions as defined in rules 3-5.1 and 3-5.2, or their predecessors, entered in cases opened on or after March 17, 1990 are public information. Therefore, an inquiry into the conduct of a member of the bar will result in a disclosure of all these sanctions.
The public policy of this state is to provide reasonable means of access to public information. In furtherance of this policy, this rule is enacted so that all persons may understand what public information concerning lawyer disciplinary sanctions is available and in what format. This rule does not alter current court procedure or other requirements.
Admonishments are issued for minor misconduct and are the lowest form of disciplinary sanction. An admonishment is often issued for technical rule violations or for rule violations that did not result in harm. The court’s orders imposing admonishments contain the heading “Not to be Published” and this rule directs that those admonishments not be published in the Southern Reporter and directs The Florida Bar not to publish those admonishments in its newspaper, The Florida BarThe Florida Bar News. The court does so in order to maintain a tangible difference between the sanctions of admonishment and public reprimand.
This rule does not bar disclosure of admonishments in response to an inquiry, whether written, oral, or electronic, and does not bar publication of admonishments on any website of The Florida Bar.
RULE 3-7.7 PROCEDURES BEFORE SUPREME COURT OF FLORIDA
All referee reports and all judgments entered in proceedings under these rules are subject to review by the Supreme Court of Florida in the following manner.
(a) Right of Review.
(1) Any party to a proceeding may request review of all or part of a referee’s report or judgment entered under these rules.
(2) The Supreme Court of Florida reviews all referee reports and judgments recommending probation, public reprimand, suspension, disbarment, or revocation pending disciplinary proceedings.
(3) A referee’s report that does not recommend probation, public reprimand, suspension, disbarment, or revocation pending disciplinary proceedings is final if not appealed.
(b) Appointment of Bar Counsel. The board or staff counsel, if authorized by the board, may appoint new or additional bar counsel to represent The Florida Bar on any review.
(c) Procedure for Review. The Supreme Court of Florida will conduct its review using the following procedures.
(1) Notice of Intent to Seek Review of Report of Referee. A party to a bar disciplinary proceeding must file notice of intent to seek review of a referee’s report, specifying any portion of the referee’s report to be reviewed, within 60 days of the date on which the referee’s report is docketed by the Clerk of the Supreme Court of Florida in an electronic format approved by the Supreme Court of Florida. The Florida Bar will provide prompt written notice of the board’s action, if any, to the respondent. The opposing party may file a cross-notice for review specifying any additional portion of the referee’s report for which that party seeks review within 20 days after service of the notice. The filing of the notice or cross-notice to seek review is jurisdictional, and the party who fails to timely file notice loses supreme court review as a right. The court may, in its discretion, consider a late-filed notice or cross-notice on a showing of good cause.
(2) Record on Review. The report and record filed by the referee constitute the record on review. If hearings were held at which testimony was heard, but no transcripts were filed in the matter, the party seeking review must order preparation of all transcripts, file the transcripts with the court, and serve copies on the opposing party on or before the time of filing of the initial brief, as provided elsewhere in this rule. The party seeking review must pay the court reporter cost of transcript preparation. Failure to timely file and serve all transcripts may be cause to dismiss the party’s petition for review.
(3) Briefs. The party first seeking review must file a brief in support of the notice of intent to seek review within 30 days of the filing of the notice. The opposing party must file an answer brief within 2030 days after the service of the initial brief of the party seeking review, which must also support any cross-notice for review. The party originally seeking review may file a reply brief within 2030 days after the service of the answer brief. The cross-reply brief, if any, must be served within 2030 days of the reply brief’s filing. Computation of time for filing briefs under this rule shall follows the applicable Florida Rules of Appellate Procedure. The form, length, binding, type, and margin requirements of briefs filed under this rule follow the requirements of Fla. R. App. P. 9.210.
(4) Oral Argument. Request for oral argument may be filed in any case a party files a notice of intent to seek review at the time of filing the first brief. If no request is filed, the case will be disposed of without oral argument, unless the court orders otherwise.
(5) Burden. On review, the burden is on the party seeking review to demonstrate that all or part of the referee report is erroneous, unlawful, or unjustified.
(6) Judgment of Supreme Court of Florida.
(A) Authority. The Supreme Court of Florida will enter an appropriate order or judgment after review. If no review is sought of a referee’s report entered under the rules and filed in the court, the findings of fact are deemed conclusive, and the referee’s recommended disciplinary measure will be the disciplinary measure imposed by the court, unless the court directs the parties to submit briefs or conduct oral argument on the suitability of the referee’s recommended disciplinary measure. A referee’s report that becomes final when no review has been timely filed will be reported in an order of the Supreme Court of Florida.
(B) Form. The court’s judgment may include judgment in favor of any:
(i) party to whom costs are awarded;
(ii) person(s) to whom restitution is ordered; or
(iii) person(s) to whom a fee is ordered to be forfeited.
(7) Procedures on Motions to Tax Costs. The court may consider a motion to assess costs if the motion is filed within 10 days of the entry of the court’s order or opinion where the referee finds the respondent not guilty at trial and the court, on review, finds the respondent guilty of at least 1 rule violation and does not remand the case to the referee for further proceedings or where the respondent was found guilty at trial and the court, on review, finds the respondent not guilty of any rule violation. The party from whom costs are sought has 10 days from the date the motion was filed in which to serve an objection. Failure to timely file a petition for costs or timely serve an objection, without good cause, waives the request or objection to the costs, and the court may enter an order without further proceedings. If an objection is timely filed, or the court otherwise directs, the court will remand the motion to the referee. On remand, the referee must file a supplemental report that includes a statement of costs incurred and the manner in which the costs should be assessed. Any party may seek review of the supplemental report of referee in the same manner as provided for in this rule for other reports of the referee.
(d) Precedence of Proceedings. Notices of intent to seek review in disciplinary proceedings take precedence over all other civil causes in the Supreme Court of Florida.
(e) Extraordinary Writs. All applications for extraordinary writs that are concerned with disciplinary proceedings under these rules of discipline must be made to the Supreme Court of Florida.
(f) Florida Rules of Appellate Procedure. The Florida Rules of Appellate Procedure are applicable to notices of intent to seek review in disciplinary proceedings if consistent with this rule. Service on bar counsel and staff counsel constitutes service on The Florida Bar.
(g) Contempt by Respondent. A petition for an order to show cause why the respondent should not be held in contempt in a disciplinary proceeding and the proceedings on the petition may be filed in and determined by the court or as provided under rule 3-7.11(f).
(h) Pending Disciplinary Cases. If the court orders disbarment, that order may include the dismissal without prejudice of other pending disciplinary cases against the respondent. If the revocation is granted by the court, the revocation dismisses all pending disciplinary cases against that respondent.
Comment
Subdivision (c)(7) of this rule applies to situations that arise when a referee finds a respondent not guilty but the court, on review, finds the respondent guilty and does not remand the case to the referee for further proceedings. See, e.g., The Florida Bar v. Pape, 918 So. 2d 240 (Fla. 2005). A similar situation may also occur where a respondent is found guilty at trial, but not guilty by the court on review of the referee’s report and recommendation.
RULE 3-7.18 DISPOSITION OF INQUIRIES OR COMPLAINTS REFERRED TO THE BAR BY MEMBERS OF THE JUDICIARY
(a) Definitions. Wherever used in this rule, the following words or terms have the following meaning:
(1) Disposition. A disposition of an inquiry or complaint is the termination of an inquiry or complaint before a finding of probable cause or the filing of a formal complaint where a probable cause finding is not required. A disposition includes a:
(A) decision not to pursue an inquiry;
(B) dismissal of a disciplinary case;
(C) finding of no probable cause;
(D) finding of no probable cause with issuance of a letter of advice;
(E) recommendation of diversion; and
(F) recommendation of admonishment for minor misconduct.
(2) Judicial Referral. A judicial referral is an inquiry, communication, or complaint questioning the conduct of a member of the bar submitted to the bar by a member of the judiciary referring information obtained during the course of the member of the judiciary’s official duties as a judicial officer. A judicial referral also includes a court order, judgment, or opinion specifically referring to the bar a matter questioning the conduct of a member of the bar. A judicial referral does not include allegations of violations of canons, rules, or law relating to judicial elections.
(b) Suspension of Deadlines for Final Disposition of Judicial Referrals. All deadlines for final disposition elsewhere in these rules are suspended under this rule. No disposition of a judicial referral will become final until the review required by this rule is complete.
(c) Review by Board of Governors. The disciplinary review committee will review all dispositions of judicial referrals first and will recommend a disposition to the board. The board may accept or reject the recommended disposition. If the board rejects the recommended disposition, the board may:
(1) refer the matter to a grievance committee for additional investigation or review;
(2) find probable cause, and the case will proceed accordingly; or
(3) recommend a different disposition to the Supreme Court of Florida.
The executive committee may act on behalf of the board or disciplinary review committee in connection with its review of dispositions of judicial referrals as specified with other disciplinary matters under these rules.
(d) Supreme Court of Florida Review. The Supreme Court of Florida may review the board’s recommendation for approval of dispositions of judicial referrals.
(1) Submission of Summary Report and Documents. The bar will submit the board’s recommendations for approval of judicial referrals to the clerk of the Supreme Court of Florida as soon as practicable after the board’s decision but not later than 30 days. The submission will include a summary report of the inquiry or complaint; the nature of the alleged rule violations; the board’s recommended disposition; the judicial referral; any response by the respondent; applicable orders, decisions, opinions, or communications by the judge or court; and all other non-confidential documents considered by the board.
(2) Supreme Court of Florida Actions. The Supreme Court of Florida may take the following actions:
(A) approve the board’s recommended disposition;
(B) reject the board’s recommendation, which will be deemed a finding of probable cause and direction to the bar to file a formal complaint;
(C) refer the matter back to the board for further review, with or without a recommendation or guidance; or
(D) request that the bar provide additional information.
RULE 14-4.1 ARBITRATION PROCEEDINGS
(a) Institution of Proceedings. All arbitration proceedings are instituted by filing a written consent to arbitration by written contract between the parties to the arbitration, orders of this courtthe Supreme Court of Florida in proceedings under these Rules Regulating The Florida Bar imposing a sanction or condition of probation, or consent form prescribed in the policies adopted under the authority of this chapter and signed by each party to the controversy.
(b) Position Statement and Relevant Documents. Each party must provide the arbitrator(s) with a concise statement of that party’s position, including the amount claimed or in controversy, on the form prescribed and authorized by the standing committee. If there is a written contract regarding fees or costs between the parties, a copy of that written contract must accompany the request or submission.
(c) Referral by Intake Counsel or Bar Counsel. A case may be referred to the fee arbitration program with the consent of:
(1) Intakeintake counsel, with the consent of and the parties and concurrence of staff counsel; or
(2) bar counsel, with the consent of the parties, and the concurrence of the chief branch staffdiscipline counsel, may refer appropriate cases to the fee arbitration program.
(d) Referral by Grievance Committees. Grievance committees, with concurrence of bar counsel and consent of the parties, may refer appropriate cases to the fee arbitration program.
(e) Referral by Board of Governors. The board of governors, with the agreement of the parties and on review of a file referred to it as authorized elsewhere under these rules, may refer appropriate cases to the fee arbitration program if they meet the criteria established by the policies adopted under the authority of this chapter.
RULE 20-5.1 GENERALLY
A person is ineligible for registration or renewal of a registration to become a Florida Registered Paralegal if that person:
(a) is currently on the inactive list due to incapacity, is currently suspended or disbarred, or has resigned or been revoked in lieu of discipline from the practice of law in any state or jurisdiction;
(b) has been convicted of a felony in any state or jurisdiction and has not had the person’s civil rights restored;
(c) has been found to have engaged in the unlicensed or unauthorized practice of law in any state or jurisdiction within 7 years of the application date;
(d) has had that person’s registration or license to practice terminated or revoked for disciplinary reasons by a professional organization, court, disciplinary board, or agency in any jurisdiction;
(e) is no longer primarily performing paralegal work as defined elsewhere in these rules;
(f) fails to comply with prescribed continuing education requirements as set forth elsewhere in this chapter;
(g) is providing services directly to the public as permitted by case law and subchapter 10-2 of these rules; or
(h) engages in conduct involving dishonesty, fraud, deceit, or misrepresentation in the application or reapplication process.
Professionalism Code
1.2 Referrals to The Florida Bar. Minor or isolated instances of unprofessional conduct may be addressed through the informal process described in this code. However, when unprofessional conduct is substantial or repeated, that conduct may be referred to The Florida Bar for a disciplinary investigation into whether the formal disciplinary process should be initiated. In particular, Rule 4-8.4(d) of the Rules Regulating The Florida Bar has been the basis for imposing discipline in these instances. See e.g., The Florida Bar v. Norkin, 132 So. 3d 77 (Fla. 2013) (holding that lawyer’s unprofessional behavior at numerous hearings violated Rule Reg. Fla. Bar 4- 3.5(c) and inappropriate emails and outbursts violated Rule Reg. Fla. Bar 4-8.4(d); The Florida Bar v. Ratiner, 46 So. 3d 35 (Fla. 2010) (holding that lawyer’s unprofessional deposition conduct violated Rules Reg. Fla. Bar 3-4.3, 3-4.4, 4-3.5, 4-4.4(a), 4-8.4(b), and 4-8.4(d)); The Florida Bar v. Abramson, 3 So. 3d 964 (Fla. 2009) (holding that lawyer’s disrespectful and confrontational conduct toward a judge and jury violated Rules Reg. Fla. Bar 4-3.5(a), 4-3.5(c), 4-8.2(a), 4-8.4(d)); and The Florida Bar v. Martocci, 791 So. 2d 1074 (Fla. 2001) (holding that lawyer’s disparaging and profane remarks to opposing party and counsel violated Rule Reg. Fla. Bar 4-8.4(d)). The bar must refer back to the appropriate circuit LPP for handling through its informal process any conduct that an LPP referred to the bar that does not result in bar disciplinary proceedings or diversion to a practice and professionalism program in lieu of discipline, but for which the bar determines prosecution through the disciplinary process is not warranted, to the LPP for the appropriate circuit for handling through the informal process described in this code.
