Dissent Demonstrates That Bar Prosecution Was Unwarranted

The Florida Supreme Court denied rehearing in a bar discipline matter that had sanctioned an attorney for use of the trade name “Legal Experts.”

Justice Lewis dissented, concluding that the attorney had established that the facts recited in the concurring opinion were “wrong.” Because Florida rules allow an attorney to use the phrase “Board Certified Trial Expert” and the attorney was so certified, his inclusion of his specific certification directly below the trade name “negates any notion that his trade name was misleading to the public as stated to be a basis for discipline and effectively establishes his consistency with the Rules Regulating the Florida Bar.”

I have trouble understanding why this matter was brought. As Justice Lewis notes, a grievance committee found no probable cause and no one ever complained that they were misled.

When I was a bar prosecutor, I’d have never wasted the time and effort to bring such a case. (Mike Frisch)