Thursday, November 12, 2009

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

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3 comments:

South Florida Lawyers said...

I saw something in the paper today about an "emergency disbarment"?

Brian Tannebaum said...

Emergency "suspension."

Mac said...

On a related note, I understand that the Florida Bar has opened up a file on RRA General Counsel David Boden, as he is not licensed in Florida, nor is he listed as an Authorized House Counsel by the Florida Bar.