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MARK A. ADAMS,
Respondent. 1
Court's Order dated March 9,2006, and files his Response to the Florida Bar's
Petition for Interim Suspension showing that the Florida Bar's Petition for Interim
suspension, because the Florida Bar's Petition does not even meet the miniinurn
suspension would violate the procedures established for due process in disciplinary
INTERIM SUSPENSION
The Florida Bar's Petition does not cite any rule or case as a legal basis for
proceedings for emergency suspension. This failure is not surprising as the Rules
Regulating the Florida Bar do not provide for an interim suspension. Please see
and take judicial notice of the results of the Westlaw search for the tenns "Rules
The Florida Bar v. Forrester, 916 So.2d 647 (Fla. 2005) and The Florida Bar v.
Prior, 330 So.2d 697 (Fla. 1976). Please see and take judicial notice of the results
of the Westlaw search for the terms "interim suspension" and "attorney" in
Appendix B.
suspend Mr. Prior for conviction of multiple felonies, and Mr. Prior filed a timely
response to the Bar's petition. Prior at 697-698. As a result, this Court followed
the rule which applied at that time to attorneys who were convicted of a crime, and
it deferred the suspension until the parties could present their briefs to this Court.
Id. After complying with the procedure for due process provided in the
appropriate rule and considering the parties' briefs, this Court decided to suspend
Mr. Prior on March 3 1, 1976. Id. Prior is clearly distinguishable frsm the instant
case as the Respondent herein has not been charged with or convicted of any
felony.
0 1 1 August 8, 2002, the Florida Bar filed a petition for an order to show
cause why Ms. Forrester should not be held in contempt and to suspend Ms.
Forrester who it alleged had been practicing law while suspended. Forrester at
649. The Florida Bar's petition in Forrester is not available online, but a review of
the respondent's briefs indicate that an affidavit was attached to the Florida Bar's
suspension. Furthermore, it appears that the Florida Bar inadvertently used the
term interim rather than emergency in its petition for Ms. Forrester's suspension as
the term is only found in this Court's opinion in Forrester in connection with the
title of the Bar's petition, and therefore, Forrester does not provide any legal basis
for an interim suspension or for the Florida Bar's Petition for Interim Suspension
of the Respondent.
EMERGENCY SUSPENSION
Rule 3-5.2(a) states, "On petition of The Florida Bar, authorized by its president,
public harm, the Supreme Court of Florida may issue an order imposing
order.
days of an emergency order, and Rule 3-5.2 does not contain any provision for an
Furthermore, the Florida Bar's Petition in this case also fails to comply with
counsel, and it is not supported by any affidavit.' Therefore, the Florida Bar's
GOVERNING LAW
Rule 3-7.7 states, "All reports of a referee and all judgments entered in
proceedings under these rules shall be subject to review by the Supreme Court of
Florida in the following manner:" Rule 3-7.7 does not provide for any interim or
"After review, the Supreme Court of Florida shall enter an appropriate order or
judgment."
' In addition, the Florida Bar's Petition does not meet the requirements of Florida
Rule of Appellate Procedure 9.21O(a)(2) because it is not double-spaced and does
not contain a certificate of compliance.
Rule 3-7.7 provides the procedure for review of the referee's report in the
instant case, and the Respondent intends to file a timely petition for review
Respondent intends to show that the referee's decision is erroneous, unlawful, and
unjustified, that the proceedings before the referee did not meet the minimum
probable cause which provides the jurisdictional basis for this disciplinary
likely to reverse the referee's decision if it does not decide to dismiss this action
altogether.
As there is no legal basis for the relief requested in the Florida Bar's Petition
for Interim Suspension, one must wonder why the Florida Bar is requesting that
this Court ignore the rules and procedures that it has established for due process in
disciplinary proceedings. It appears that the Florida Bar may have filed its Petition
impact his preparations of his petition for review of the referee's report and his
brief in support of the same. Certainly, the relief requested in the Florida Bar's
Petition would have a negative impact on the Respondent, his clients, and his
The Rules Regulating the Florida Bar do not provide for at1 interim
suspension and neither does case law. Rule 3-5.2 does not provide any legal basis
for an emergency suspension of an attorney based upon a referee's report, and the
Florida Bar's Petition in this case also fails to comply with Rule 3-5.2(a) because it
supported by any affidavit. Therefore, the Florida Bar's Petition is not even
order.
Rule 3-7.7 provides the procedure for review of the referee's report in the
instant case, and the Respondent intends to file a timely petition for review
pursuant to Rule 3-7.7(c)(l). As this Court did in Prior,it should allow the
This Court should follow the procedure it has established for due process
under Rule 3-7.7 for reviewing the referee's report which does not provide for any
an order denying the Florida Bar's Petition for Interim Suspension and prohibit the
of the same.
Respectfully Submitted,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been served by U.S. Mail to
trial counsel for the Florida Bar, Louis Kwall, Esquire at 133 North Fort Harrison
Avenue; Clearwater, Florida 33755 and to Staff Counsel for the Florida Bar at 65 1
1
E. Jefferson Street; Tallahassee, Florida 32399 on this i 1 '> day of March,
CERTIFICATE OF COMPLfiNCIE
MARK A. ADAMS,
Respondent. 1
APPENDIX
TABLE OF CONTENTS
Document Tab
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Florida Jurisprude~ce
1. Attorneys at Law, Types of Dlsc~pllne,Suspension, Generally
Florida J_uyispruden~e
2. Attorneys at Law, Suspended Members, Required Showing of Fitness to Resume Practice of Law,
Professional Ability
Florida Juwisprudence
3. Attorneys at Law, Disciplinary Proceedings, ~videnceand Witnesses, in General, Discipline by Another
Jurisdiction
1 Am.Jur.2d
I 5. Attorneys at Law, Nonprofessional Misconduct, Conviction or Commission of Crime, Other Crimes and
Offenses
U.S.S_?lpreme_CpurtBrief
6. Ronald C. EUBANKS d/b/a Lawyer Complaint Service Re: Amended Petition to Amend Rules Regulating
the Florida Bar.
Appellate Petition, Motion and Filing
as stated in Rule 1-8.2 Unlicensed Practice of Law, of the Rules Regulating The Florida Bar, even
though the state has Fla. Stat. 454.23 t o protect t h e public.
1995
Supreme Court of the United States.
Clickfor Free-Summary
1. H The Florida Bar v. Forrester, 916 So.2d 647,30 Fla. L. Weekly S623 (Fla., Sep 08,2005)(NO.
SCO1-1819, SCO2-1752)
...Geneva Carol Fnrrester, Respondent. Nos. SC01-1819, SC02-1752. Sept. 8,2005. Rehearing
Dcnied Nov. 22,2005. Background: In two attorney discipline cases, Florida Bar alleged attorney
violated Rules of Professional Conduct and recommended suspension from practice of law.
I-foldings: Upon ...
...of Professional Conduct and recommended suspension from practice of law. Holdings: Upon
consolidating cases, the Supreme Court held that: (1) attorney's knowingly false and disparaging and
humiliating statements in pleading submitted to court violated Rules of Professional Conduct; (2) as
matter ...
...to court violated Rules of Professional Conduct; (2) as matter of flust impression, standard of proof
in contempt proceedings against attorney based on alleged violation of disciplinary order was clear
and convincing evidence, not proof beyond reasonable doubt; (3) attorney knowingly ...
2. P The Florida Bar v. Prior, 330 So.2d 697 (Fla., Mar 31, 1976)(NO. 46442)
..West Headnotes 45 Attorney and Client 451 The Office of Attorney 45I(C) Discipline ...
... or judgment of guilt is entered by any court other than a court of the State of Florida, the convicted
attorney shall stand suspended as a member of The Florida Bar on the 1llh day following the filing
with the Clerk ...
... certified copy of such determination or judgment, accompanied by proof of service of notice of such
tiling upon the convicted attorney; provided, however, that if the convicted attorney shall prior to the
I lth day file a petition with the Supreme Court ...