A Former Rothstein Intern Speaks

Andrew Perez has an interesting blog, and an even more interesting blog post regarding his time at Rothstein Rosenfelt Adler. (He also has an interesting depiction of the RRA logo).

From the post:

In September, I ate dinner with close friend of mine, who also interned at RRA, and his older sister, who works at a more prestigious South Florida law firm. My friend and I inquired as to what his sister was hearing about Scott and RRA.

“I wouldn’t be surprised if, a few years from now, we find that he’s been running a massive Ponzi scheme,” I half-jokingly remarked.

Half-jokingly. Ha ha h.

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

Some Thoughts For The Job Seeking Former Associates Of Scott Rothstein

So you're a lawyer less than 5 years out, you have no "book of business," and there is no option for you other than to get another job at another firm.

You were a great student, have a bright future as a lawyer, and this on your resume:

"Associate, Rothstein, Rosenfelt & Adler, P.A. 2006-2009"

Law firms, not all law firms, are publicly stating their concern about hiring lawyers from this now dissolved firm.

You did nothing wrong, you never knew what was going on, and everyone knows that. Still, the perception. It's all about the perception.

Some advice:

[1] Be bullish.

Do not take it off your resume. As in all issues regarding your character as a lawyer - be completely honest. A reasonable lawyer or law firm will ask the appropriate questions and move on.

[2] Over-offer to discuss your previous job.

Make it clear that while you may now be in a position where perception is hurting you, your role there was as a serious and good lawyer doing important work that you will continue to do at your new firm.

[3] Put the interviewer in your shoes.

Tell the story. One day you were told it's all over. You were sitting there preparing for a deposition, reading case law, talking to a client, and 48 hours later, you were done. "Can you imagine what that was like?"

[4] Use it as a learning experience, and maybe a speaking experience.

This new firm now has a lawyer who will be ultra-sensitive to any issues of impropriety, and is going to benefit from having a lawyer who is more prone to asking questions and verifying everything. They've now got a very paranoid (in a good way) lawyer in the office. maybe they should put you in some compliance position along with your legal duties.

On the speaking experience, how many lawyers do you think would love to hear about what you went through as a young lawyer? I'm not talking about getting paid for speaking, I'm talking about getting out there and meeting people, letting them know you're not hiding from this experience.

[5] Get over it.

Just think, you were in the belly of the beast of a huge scandal, yet you had nothing to do with it. (I hope.) Don't hide from it, use it to your advantage for the rest of your career. You've experienced something that most lawyers will never experience.

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

The Disbarment Of Scott Rothstein

From the Florida Bar website:

Scott Walter Rothstein
Member in Good Standing
Eligible to practice in Florida

If it hasn't happened yet, The Florida Bar will be sending a letter to Mr. Rothstein asking for his position on the various allegations that have blanketed the media over the last 2 weeks.

He won't have to respond right away. The Bar recognizes the 5th Amendment.

But eventually he'll have to respond, or be suspended for his failure to respond.

After the Bar completes their audit of the finances of the firm, they will file a Complaint, just like any other civil complaint, except this Complaint will be filed in the Supreme Court of Florida and seek disbarment.

Permanent Disbarment.

"Disbarment is the presumed sanction for lawyers found guilty of theft from a lawyer’s trust account or special trust funds received or disbursed by a lawyer as guardian, personal representative, receiver, or in a similar capacity such as trustee under a specific trust document."

The question will be whether Rothstein will attempt to invoke Disbarment on Consent:

"A respondent may surrender membership in The Florida Bar in lieu of defending against allegations of disciplinary violations by agreeing to disbarment on consent. Disbarment on consent shall have the same effect as and shall be governed by the same rules as provided for disbarment elsewhere in these Rules Regulating The Florida Bar."

The difference: Although there is no chance he will ever be re-admitted, he will have the option to reapply after 5 years. Permanent Disbarment does not allow for readmission.

Be interesting to see what happens here.

For now, he's a Member in Good Standing and able to practice law just like any other Florida Lawyer.

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

The Fallout From Scott Rothstein. Does Anyone Like Him?

Over the past few days as the Scott Rothstein meteor hit the earth in South Florida and continued to smolder, the conversation between any and all lawyers in any and all venues; elevators, courthouses, cocktail parties, has been about little else.

Last night a lawyer asked "is this the biggest legal scandal to hit South Florida?

I said yes.

We had a big scandal in the 80's of judges taking bribes, and we've had our share of lawyers disbarred and sent to prison for various crimes.

But this is different.

This was a lawyer that caught the attention of every other lawyer in South Florida. His round the clock commercials with the biggest sports stars, his many cars, watches, six-figure political contributions, threats to news reporters to back off, his entire existence was highlighted in the media for all to see, and wonder.

But this is about the fallout, and here's my thoughts:

[1] By next summer Scott Rothstein will be sentenced to a lengthy federal prison sentence.

He will agree to be charged without an indictment and plea guilty. Few of the "friends" he made with his money will speak on his behalf. The news will be who is "not" there at sentencing.

[2] Does anyone like Scott?

I haven't heard or read a single thing in his favor from a personal friend or professional colleague. NOthing. Usually in these circumstances someone comes forward and says "wow, that's too bad, he was a really nice guy."

We as lawyers should think about this. While being a "nice guy" isn't important to many lawyers, it's interesting to watch Rothstein's collapse and that no one has come to his defense as a person. You want that?

[3] All lawyers from the firm will be tainted in some fashion.

This notion that many of the lawyers are going to "stick together" and form another firm is silly. After the ValueJet crash the only reason that airline survived is because it changed its name to Air Tran. Did you know that? Exactly.

The firm of Rosenfelt, Adler is not a good idea.

The associates; what will they put on their resume? That they worked for Rothstein? Will other firms want that on the precious bios the firm posts of individual lawyers on the web?

If I was a lawyer at Rothstein's firm, I'd run, fast, and open my own shop. Maybe with a lawyer or two from the firm. Maybe.

[4] All lawyers from the firm that ever want to be appointed or elected, won't.

Rothstein was so tied in with Florida's political establishment that no one will want the fallout from appointing a lawyer from the firm. Anyone who runs, for anything, will have commercials run against them about the fact they worked for Rothstein.

This collapse, of this lawyer, will resonate for a long time. Not to even mention the dozens of lawsuits that will dog Rothstein and the firm and their lawyers for years.

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