THE FLORIDA BAR, COMPLAINANT,
v.
HARVEY SCHELL, RESPONDENT

Fla. | 1982-11-10
No. 60532
ALDERMAN, C.J., and ADKINS, BOYD, MCDONALD and EHRLICH, JJ., concur.
422 So. 2d 308 Florida Supreme Court (1982) Negative Treatment
Also reported at: 2017 WL 4018836 · 2018 WL 944653 · 42 Fla. L. Weekly D2004 · 43 Fla. L. Weekly D413
Cited by 166 cases

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Synopsis

This case is a dissenting opinion arguing that the majority's adoption of amendments to the Bar's disciplinary rules effectively destroys the private reprimand by making confidentiality a Hobson's choice for attorneys.


Holding

The dissenting justice argues that the amendments destroy the private reprimand by making confidentiality a choice that disadvantages the attorney, and that confidentiality is essential for the rehabilitation of lawyers facing minor infractions.


Facts & Procedural History

The majority opinion adopted amendments to the Bar discipline rules that allow for the waiver of confidentiality regarding private reprimands. The dis…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The Florida Bar filed a petition against Harvey Schell claiming that he had been involved in the unauthorized practice of law. A stipulation and an order have been presented to this Court, which we have considered and now approve.

The following activities constitute the unauthorized practice of law and may not be carried out or conducted in Florida by a person not admitted to the Florida Bar: (a) printing, or having printed on his behalf, business cards stating that he is an attorney at law, (b) delivering the aforesaid business cards to any member of the public, (c) otherwise holding himself out as an attorney authorized to practice law in Florida. The respondent has admitted that he has engaged in these activities.

Having considered the petition and stipulation, the respondent is permanently enjoined from engaging in the acts set forth above and otherwise engaging in the practice of law in the State of Florida and, in the event that respondent engages in any of the conduct enjoined herein, he will be found in indirect criminal contempt of the Supreme Court of the State of Florida for the unauthorized practice of law in this state.

It is so ordered.

ALDERMAN, C.J., and ADKINS, BOYD, MCDONALD and EHRLICH, JJ., concur.


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Cited By (84 total)

  • Dade Cnty. Sch. Bd. v. Radio Station Wqba, 731 So. 2d 638 (Fla. 1999)
    …nc., 495 So. 2d 204 (Fla. 5th DCA 1986), regarding the proper application of the doctrine of equitable subrogation. Cf. Jacobson v. State, 476 So. 2d 1282, 1285 (Fla.1985) (“Having jurisdiction, we have jurisdiction over all issues, Savoie v. State, 422 So. 2d 308 (Fla.1982), and dispose of the case on a ground other than the conflict ground.”). Finally, this opinion addresses all three theories of recovery which were raised by Three Kings in this case. COMMON LAW INDEMNIFICATION We agree with the district…
  • Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)
    …w. See Caufield, 745 So. 2d at 435. However, once this Court has accepted jurisdiction in order to resolve conflict, we may consider other issues decided by the court below which are properly raised and argued before this Court. See Savoie v. State, 422 So. 2d 308 (Fla.1982). Therefore, we have jurisdiction to review the remaining issue which was not certified by the Fifth District. . In Stockman, this Court recognized an exception to this rule: "Where a party has notice that an opponent claims entitlement t…
  • State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)
    …rt’s award of attorney’s fees under the offer of judgment statute. State Farm now challenges the Fifth District’s ruling, claiming it conflicts with other district court decisions. We exercise our discretion to review the issue. See Savoie v. State, 422 So. 2d 308, 312 (Fla.1982) (holding that “once this Court has jurisdiction of a cause, it has jurisdiction to consider all issues appropriately raised in the appellate process”). As explained below, we conclude that State Farm’s settlement proposal failed to e…

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