Wednesday, November 18, 2009

Rothstein Accepts Being Disbarred As Opposed To Being Disbarred After A Hearing

There have been a number of news stories the past twenty-four hours about Scott Rothstein "suggesting" he be disbarred.  See here, here, here, and here.  The official statement from the Florida Bar, which can be found here, states:
"The Florida Bar and Scott W. Rothstein have agreed to his permanent disbarment – subject to the approval of the Supreme Court of Florida – in lieu of Rothstein defending himself against allegations of disciplinary violations. Rothstein was under investigation for violations of The Rules Regulating The Florida Bar, including misappropriation of funds from trust accounts.

"The Florida Bar has been monitoring the federal investigation of Mr. Rothstein and we have been in contact with the court-appointed receiver for the firm as well as the U.S. Attorney’s Office. While the case is very complex, it became evident that Bar rules may have been violated.

"This is a terribly unfortunate and tragic situation, but it is also a rare circumstance in the legal profession. The great majority of Florida attorneys serve their clients admirably and in accordance with the Bar’s rules of professional conduct. However, rule violations are not tolerated and the Bar takes appropriate actions to protect the public against further harm. The Florida Bar will continue to investigate any violations of its rules by other attorneys who may have been involved in this case.

"Additional details of the disbarment on consent will be available when the document has been received by the Supreme Court."

Interestingly, Mr. Rothstein is still listed as eligible to practice law n the state of Florida and listed without any discipinary history on the Florida Bar web site.  You can see that listing here, however, I am sure they will soon fix this issue.  [Update: As of 10:00pm on November 19, 2009 Mr. Rothstein is still listed as a member in good standing with no disciplinary history]. Mr. Rothstein is also still a member of the Fourth District Court of Appeal nominating committee and the SunSentinel states there are no plans to remove him.  Also, as the time I am posting this, it does not appear as though anything has been filed with the Florida Supreme Court.  However, the Florida Supreme Court has more important things to do than deal with Scott Rothstein. 

Mr. Rothstein was previously discussed everywhere on the internet including on this blog here, here, here and here.


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