JULIO HENRIQUEZ AND U.S. AIR., INC., PETITIONERS,
v.
RICHARD TEMPLE, ET AL., RESPONDENTS

Fla. 3d DCA | 1996-02-14
No. 95-2704
Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.
668 So. 2d 638 Florida District Court of Appeal, Third District (1996) Caution
Cited by 8 cases

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Synopsis

A law firm was disqualified from representing defendants after one of its attorneys deliberately obtained documents that a trial court had previously ordered would not be produced to the defendants. The Florida appellate court affirmed the disqualification, finding the conduct created a serious appearance of impropriety inconsistent with the proper administration of justice.


Holding

The disqualification order was proper. The attorneys' conduct clearly involved a situation rife with the possibility of discredit to the bar and administration of justice, and the disqualification was fully supported by the facts and applicable law. Even more serious sanctions, including contempt and bar discipline, would have been justified.


Headnotes

[1] A law firm may be disqualified when one of its attorneys deliberately and surreptitiously obtains documents that the court had previously ordered not to be produced.

[2] Conduct that involves a situation rife with the possibility of discredit to the bar and the administration of justice fully supports an order of disqualification.

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Key Quotes

“a situation rife with the possibility of discredit to the bar and the administration of justice”

The legal standard for disqualification; the court found the attorneys' conduct satisfied this standard.

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Facts & Procedural History

The trial court held an in camera inspection of workers' compensation records and issued orders on April 3 and May 3, 1995, explicitly ruling that def…

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The trial judge disqualified the petitioners’ law firm because one of its attorneys deliberately and surreptitiously obtained documents which, after an in camera inspection, the trial court had previously ordered were not to be produced.1 This conduct clearly in volved “a situation rife with the possibility of discredit to the bar and the administration of justice,” see State Farm Mut. Auto. Ins. Co. v. K.A.W., 575 So. 2d 630, 634 (Fla.1991), and fully supported the order of disqualification. Rentclub, Inc. v. Transamerica Rental Fin. Corp., 811 F.Supp. 651 (M.D.Fla.1992), affd, 43 F. 3d 1439 (11th Cir.1995); State Farm; Pantori, Inc. v. Stephenson, 384 So. 2d 1357 (Fla. 5th DCA 1980). Indeed, even more serious sanctions, including contempt and bar discipline, would have been justified on this record.

Certiorari denied.

. The trial court held in an order properly based on the evidence and the applicable law:

The activities of present defense counsel giving rise to plaintiffs' motion for sanctions, whether committed innocently, (which this court would like to believe) or not; whether done due to the innocence or over enthusiasm of a young associate, was done deliberately and in direct contradiction of the spirit and intent of this Court's Order of April 3, 1995, and the oral Order of May 3, 1995.

4.On May 3, 1995, when counsel for the defendants asked this court to reconsider its Order of April 3, 1995, the following colloquy took place:

"MS. BRODY: My name is Lori Brody on behalf of Julio Henriquez and US Air, Defendants. These are both of my motions. We have two motions this morning. One is defendant's motion to strike the order sustaining plaintiff's objection.

In April 3rd, Your Honor, you signed an order submitted by plaintiff's counsel, which sustained his motion. What was that, motion to compel? No. We were looking for documents from the Workers’ compensation carrier. You ordered that you would have an in-camera inspection of those records and you ordered that those records would not he producible to us. (pg. 2)

THE COURT: I had an in-camera inspection that decided you weren't going to see them, right?

MS. BRODY: Right.

THE COURT: The order stands, (e.s.) (pg. 3)

See also the transcript of August 18, 1995, of the cross-examination of Ms. Brody by Plaintiff's counsel which convinced this court that defense counsel knew the intent of this Court’s Orders and deliberately ignored and/or conveniently forgot the colloquy supra.

5. Notwithstanding the above and immediately thereafter, counsel for the defense contacted Alexis, Inc.'s attorney and obtained the documents from him without informing him of this Court’s ruling that the defendants were not entitled to see those documents.

6. She and the firm have chosen to justify their pursuit of these documents by hiding behind the word "relevant” in the Order of April 3, 1995. This form of splitting hairs destroyed the clear intent of the April 3, 1995, Order and directly contravenes the Order of this Court on May 3, 1995. This activity has at the very least created an appearance of impro priety inconsistent with the proper administration of justice and undermines the integrity of the adversarial process. This conduct resulted in defense counsel obtaining records and information that this Court had ruled was [sic] not subject to disclosure in this cause.

7. It is further Ordered that the documents and records of Alexis, Inc. which were obtained in an ex parte fashion by defense counsel, as well as all memoranda, notes or other documents generated by defense counsel which make reference to the documents and records of Alexis, Inc., to the contents of those documents and records, or to any information gleaned from those documents and records, shall be removed from present defense counsel’s file prior to the file being transmitted to successor defense counsel. Likewise, present defense counsel shall not engage in any oral communication wi& successor defense counsel with reference to the documents and records of Alexis, Inc., to the contents of those documents and records, or to any information gleaned from those documents and records.


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Citator

Cited By

  • Carnival Corp. v. Beverly, 744 So. 2d 489 (Fla. 1st DCA 1999)
    …527 U.S. at -, 119 S.Ct. at 1918 (magistrate disqualifying counsel for discovery violation “took care to specify, however, that he had not held a contempt hearing and that petitioner was never found to be in contempt of court”); Henriquez v. Temple, 668 So. 2d 638, 639 n. 1 (Fla. 3d DCA 1996) (disqualification ordered for “activities of ... counsel ..., whether committed innocently, (which this court would like to believe) or not”). See also Double T Corp. v. Jalis Dev., Inc., 682 So. 2d 1160 (Fla. 5th DCA 19…
  • Cunningham v. Appel, 831 So. 2d 214 (Fla. 5th DCA 2002)
    …waiver of the attorney-client privilege by any of the other jointly represented respondents. In the instant case, the record does not show that petitioner’s counsel deliberately and surreptitiously obtained the documents as in Henriquez v. Temple, 668 So. 2d 638 (Fla 3d DCA 1996), nor do we view the disclosure of the July 18 letter as establishing that an informational advantage accrued to petitioner as in General Accident. Therefor, we grant the petition, issue the writ and quash only the order disqualifyi…
  • Pascucci v. Pascucci, 679 So. 2d 1311 (Fla. 4th DCA 1996)
    …ing that Dr. Spero was entrusted with any of former husband’s confidences to which former wife’s counsel improperly gained access. Cf. Nunez v. State, 665 So. 2d 301 (Fla. 4th DCA 1995), review denied, 675 So. 2d 122 (Fla.1996); Henriquez v. Temple, 668 So. 2d 638 (Fla. 3d DCA 1996). Accordingly, we grant the petition for writ of certiorari1 and quash the order granting disqualification. DELL and WARNER, JJ., concur. . In this petition, former wife also sought to quash the trial court’s order denying her m…

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