Charges Dismissed

The Florida Supreme Court dismissed bar discipline proceedings against an attorney over a dissent of Justice Couriel

Respondent, a member of the bar for almost four decades, was lead counsel to the plaintiff in a significant case that had been pending for a long time. Confronted with what he thought were meritless pleadings from a newcomer to the litigation, he sent two emails on June 20, 2020, that, on their face, are clear and convincing evidence of disparagement and humiliation of opposing counsel in violation of the rule. Nobody disputes that the messages were sent. Respondent remembers writing, but not sending, one of them—but off it indisputably went.

To Respondent’s credit, he acknowledges that his “correspondence was unprofessional, undignified, rude, and outlandish” and that there is “no place in the practice of law for such correspondence.” Amended Report of Referee at 12-13. Yet it is incumbent upon us to say so, and to say so with force and clarity when such words come from the most senior and trusted members of our profession.

Justice Labarga concurred. (Mike Frisch)