Florida Attorney Suspended for Failing to Provide Competent Representation to Client, Engaging in a Conflict of Interest, and Engaging in Conduct Involving Dishonesty created by Sarah W.

In the case of The Florida Bar v. Shankman, 41 So.3d 166 (Fla. 2010), the Florida Supreme Court suspended an attorney for six months and ordered the attorney to attend the Florida Bar’s Ethics School for failing to provide competent representation to client, engaging in a conflict of interest, and engaging in conduct involving dishonesty.

The Florida Supreme Court affirmed the referee’s conclusions that the attorney did not provide competent representation to his client and did not fully explain certain matters reasonably necessary for the client to make informed decisions in violation of Rules Regulating the Florida Bar rules 4-1.1, and 4-1.4(b).  The Florida Supreme Court also affirmed the referee’s conclusions that the attorney did engage in a conflict of interest  and conduct prejudicial to the administration of justice in violation of Rules Regulating the Florida Bar rules 4-1.7(b), and 4-8.4(d).  Further, the Florida Supreme Court affirmed the referee’s conclusions that the attorney engaged in conduct involving dishonesty in violation of Rules Regulating the Florida Bar rules 4-8.4(c).

This attorney accepted a case in a branch of law that he had no experience working in.  In an attempt to comply with rule 4-1.1, he hired more experienced law firms to assist him with the case.  However, he failed to take the advice of those firms; and hired then fired several other firms.  Furthermore, in ignoring the advice of the more experienced counsel, the attorney failed to fully explain matters to the client.  Also, in the way that the attorney hired and fired numerous law firms, the courts found that it conflicted with the client’s interest to resolve the case promptly and also delayed the administration of justice. Finally, when the attorney would advise the client to fire the other law firms, he would tell the client not to speak with them, constituting misrepresentation, deceit, or fraud.

This was an excellent case to read, research, and discuss involving ethics and lawyers.  In this case, the attorney made one poor ethical choice after another.  This attorney, after being licensed to practice law for less than three years, was found guilty of professional misconduct for violating five different Rules Regulating the Florida Bar.