Wednesday, November 4, 2009

Will The Florida Bar Move To Emergency Suspend Scott Rothstein's License?

Rule 3-5.2 of the Rules Regulating The Florida Bar:

(a) Petition for Emergency Suspension. On petition of The Florida Bar, authorized by its president, president-elect, or executive director, supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that an attorney appears to be causing great public harm, the Supreme Court of Florida may issue an order suspending said attorney on an emergency basis.

Rothstein's firm quickly and publicly moved to separate themselves from Rothstein. He's out of the firm, and likely not practicing any law.

So will they (the Bar) and can they argue that a lawyer who is rumored to have taken hundreds of millions of dollars from trust accounts, that were/were not/could be/maybe were part of the law firm, is, not was, causing great public harm?

My bet is that they file the Petition, and Rothstein consents.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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