Florida Bar v. Barrett

897 So.2d 1269 (2005)

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Nature of the Case

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Facts

D was the senior partner and managing partner in the law firm of Barrett, Hoffman, and Hall, P.A. D hired Cooper, an ordained minister, as a 'paralegal.' Cooper's primary duty at D's law firm was to bring in new clients. As Cooper testified, D told him to 'do whatever you need to do to bring in some business' and 'go out and . . . get some clients.' Cooper was paid a salary averaging $20,000 and, in addition to his salary, yearly 'bonuses' which generally exceeded his yearly salary. In fact, Cooper testified that D offered him $100,000 if he brought in a large case. D paid for Cooper to attend a hospital chaplain's course offered by Tallahassee Memorial Hospital. In March of 1994, Molly Glass's son was critically injured when he was struck by an automobile while on his bicycle. Cooper met the Glass family at the hospital. He was dressed in 'clothing that resembled a pastor,' identified himself to the family as a chaplain and offered to pray with them. Cooper gave a family member the business card of attorney Eric Hoffman, one of the partners in D's law firm, and suggested that the family call the firm. After her son died, Molly Glass retained D's law firm in a wrongful death action. A settlement was negotiated, and she was pleased with the result until May of 1999 when she read a newspaper article about improper solicitation of clients and realized that Cooper's actions in the hospital constituted inappropriate solicitation. In April 1994, Cooper referred his friend, Terry Charleston. After the case was settled for over $3 million, Cooper was paid a bonus that year of $47,500. D attempted to justify the extremely large bonus, contending that the bonus was based on personal services, pastoral services, and companionship that Cooper provided to Charleston. The referee found this to be a lie and that D engaged in an illegal fee-splitting plan. On September 19, 1997, D fired Cooper because he did not want to get caught. While Cooper obtained accident reports and solicited patients for a chiropractor, he also continued to solicit clients for D. The accident reports were forwarded to D's law partner, Hoffman. Cooper was paid $200 for each client who was brought into the law firm. D ratified the conduct of Hoffman and Cooper. The referee found that D improperly solicited twenty-one other clients in violation of the Rules of Professional Conduct. D sent Cooper to Miami and Chicago to solicit clients from a Value Jet airplane crash in the Everglades. The referee concluded these were inappropriate solicitation attempts directed by D. D was guilty of violating 4-5.1(c)(1) (responsibilities of a partner); 4-5.3(b)(3)(A) (responsibilities regarding nonlawyer assistants); 4-5.4(a)(4) (sharing fees with nonlawyers); 4-7.4(a) (solicitation); 4-8.4(a) (violating or attempting to violate the rules of professional conduct); 4-8.4(c) (engaging in conduct involving deceit); and 4-8.4(d) (engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice). The referee recommended D be suspended from the practice of law for one year and be ordered to pay costs. Both P and D appealed.