THE FLORIDA BAR, PETITIONER,
v.
WILLIAM KAUFMANN, RESPONDENT
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The Court adopted the referee's report and recommendations, permanently enjoining the respondent from engaging in the unauthorized practice of law and ordering payment of costs.
The Florida Bar filed charges against the respondent for the unauthorized practice of law. A referee was appointed, and a stipulation was entered into…
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PER CURIAM.
This cause is before us, pursuant to jurisdiction granted in article V, section 15, Florida Constitution, and article XVI of The Florida Bar Integration Rule, on the report and recommendation of a referee appointed by this Court concerning charges of unauthorized practice of law. That report and recommendation is not contested by either party, and we adopt it herewith in its entirety.
IT IS ORDERED AND ADJUDGED that:
1. The provisions of said Stipulation are approved and confirmed.
2. Respondent is permanently restrained and enjoined from conducting any activities which constitute the unauthorized practice of law including, without limitation, the following:
(a) Counselling clients about legal matters;
(b) appearing in Court or in proceedings which are part of the judicial process, whether in State or Federal Court;
(c) Counselling persons as to the advisability of their filing for protection under the United States Bankruptcy laws; and (e) Attending any hearings or creditors’ meetings as the legal representative of any person who has filed under the Bankruptcy laws.
3. In the event Respondent engages in any of said conduct enjoined herein and has not been duly licensed to practice law in Florida, he shall be in indirect criminal contempt of the Supreme Court of the State of Florida for the unauthorized practice of law.
4. Respondent shall pay all reasonable costs of the Florida Bar in prosecuting this matter, such costs to be determined by this Court.
The Florida Bar has filed an affidavit of costs in the amount of $47.95. Respondent is hereby enjoined from the unauthorized practice of law and ordered to pay costs.
It is so ordered. ADKINS, Acting C.J., and BOYD, OV-ERTON, EHRLICH and SHAW, JJ., concur.
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The Fla. Bar re Advisory Opinion HRS Nonlawyer Counselor, 518 So. 2d 1270 (Fla. 1988)…ases relating to domestic relations is the practice of law); The Florida Bar v. Mickens, 465 So. 2d 524 (Fla.1985) (preparing legal documents and appearing in court in tenant eviction proceedings is the practice of law); The Florida Bar v. Kaufmann, 452 So. 2d 526 (Fla. 1984) (practice of law includes appearing in court or in proceedings which are part of judicial process); Summit Pool Supplies, Inc. v. Price, 461 So. 2d 272 (Fla. 5th DCA 1985)(creditor’s filing of statement of claim against estate is not una…
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THE Florida BAR v. Freeman D. Tate, 552 So. 2d 1106 (Fla. 1989)…373 U.S. 379 [83 S.Ct. 1322, 10 L.Ed.2d 428] (1963); The Florida Bar v. Scussel[], 240 So. 2d 153 (Fla.1970); The Florida Bar v. Moran, 273 So. 2d 390 (Fla.1973); The Florida Bar v. Kaiser, 397 So. 2d 1132 (Fla.1981); The Florida Bar v. Kaufman[n], 452 So. 2d 526 (Fla.1984), by handing out business cards which do not otherwise represent him to be a foreign attorney; by not properly representing himself to be a foreign attorney who is not licensed to practice law to clients who engaged him in this jurisdictio…
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State v. Foster, 674 So. 2d 747 (Fla. 1st DCA 1996)…sional law instructive and enlightening. The Supreme Court of Florida has defined various acts as constituting the practice of law, including “appearing in Court or in proceedings which are part of the judicial process,” The Florida Bar v. Kaufmann, 452 So. 2d 526, 527 (Fla.1984), and, specifically, active participation in depositions, the conduct for which the appellees were charged. Riccardi, 304 So. 2d at 445. Additionally, acts constituting the practice of law are described in the comprehensive federal an…
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