169 So. 3d 1155
Fla.2015Background
- Rosenberg entered appearances for corporate clients in a 2006 breach-of-contract suit and repeatedly failed to produce documents in response to plaintiffs’ discovery requests and multiple court orders.
- Judge Jonathan Gerber (Palm Beach County) held hearings in 2007, overruled Rosenberg’s repeated objections (including trade-secret claims deemed waived), and ordered production; Rosenberg persisted in raising the same objections.
- Judge Gerber issued an Order Imposing Attorney’s Fees for Bad Faith Conduct (Sept. 2007), finding Rosenberg acted in bad faith by flouting prior rulings; the Fourth DCA affirmed in 2009. Rosenberg has not paid the fee award.
- The Florida Bar filed disciplinary charges alleging violations of Rules Regulating the Florida Bar 4-1.1, 4-3.4(d), and 4-8.4(d). A referee granted the Bar’s motion for summary judgment (finding facts undisputed) and recommended a 91-day suspension.
- This Court reviewed de novo, approved the referee’s findings of fact and guilt, found aggravating factors (multiple offenses, refusal to acknowledge wrongdoing, substantial experience, nonpayment of fees), and concluded a one-year suspension was the appropriate sanction.
Issues
| Issue | Plaintiff's Argument (The Florida Bar) | Defendant's Argument (Rosenberg) | Held |
|---|---|---|---|
| Whether referee properly granted summary judgment | Undisputed facts, including Judge Gerber’s sanction order, support summary judgment | Disputed venue and procedural matters, claimed factual disputes and judicial bias | Affirmed: summary judgment proper; referee may rely on prior court judgment and facts are undisputed |
| Whether Rosenberg violated Bar Rules 4-1.1, 4-3.4(d), 4-8.4(d) | Repeated noncompliance with court orders, failure to timely respond to discovery, and bad-faith conduct warranted findings of guilt | Argued objections and procedural defenses; claimed rules vague and due-process violation | Guilty on all three counts; conduct demonstrated incompetence, failure to comply with orders, and prejudice to administration of justice |
| Proper sanction (length of suspension) | One-year suspension appropriate given persistent misconduct and aggravators | Argued referee’s 91-day recommendation (based on precedent) sufficient | Court increased sanction to one-year suspension, finding stronger sanctions warranted given aggravators and trend toward harsher discipline |
| Reinstatement conditions and effective date | Bar sought suspension and compliance with referee conditions | Rosenberg contested some procedural rulings; sought rehearing | Suspension effective 30 days to permit client wrap-up; reinstatement conditioned on compliance with referee’s terms (including payment of sanction and rehabilitation steps) |
Key Cases Cited
- Fla. Bar v. Greene, 926 So. 2d 1195 (referee may enter summary judgment in disciplinary case)
- Fla. Bar v. Gwynn, 94 So. 3d 425 (referee may rely on judgments from other tribunals in disciplinary proceedings)
- Fla. Bar v. Bloom, 632 So. 2d 1016 (ninety-one day suspension for flagrant disregard of judicial process)
- Moakley v. Smallwood, 826 So. 2d 221 (trial courts’ inherent authority to impose attorneys’ fees for bad faith)
- Fla. Bar v. Temmer, 753 So. 2d 555 (standard for reviewing referee’s recommended discipline)
- Fla. Bar v. Adler, 126 So. 3d 244 (Court has moved toward stronger sanctions for attorney misconduct)