Can a lawyer use an advice-of-counsel defense in a disciplinary case? The Florida Supreme Court last month accepted the defense, adopting a referee’s report in a case spotlighting the issue.
The lawyer in the case personally guaranteed a loan for his own business venture. Unable to repay the loan, and facing hard-hitting collection methods from
“Pervasive incivility” was part of a package of wrongdoing that resulted in disbarment for a D.C.-area lawyer last month. The case sheds light on the potential, and very real, downsides when lawyers depart from professional conduct ideals.