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Florida Bar v. Barrett

Supreme Court of Florida

897 So.2d 1269 (2005)

Relevant factsFree

Senior partner David Barrett (defendant) hired paralegal Chad Cooper and arranged for him to attend a hospital chaplain training course so Cooper could pose as a chaplain and solicit patients and grieving families in hospital emergency rooms, ultimately bringing in at least 21 clients for Barrett's firm through this deception, including a mother whose son died after a car accident. Barrett eventually fired Cooper out of fear the scheme would be discovered, but Cooper kept soliciting clients for Barrett anyway. The Florida Bar (plaintiff) charged Barrett with misconduct; a referee found him guilty of unlawful solicitation, fee-sharing, and deceit and recommended a one-year suspension, and both the Bar (seeking disbarment) and Barrett (seeking only a 21-day suspension) appealed the sanction.

IssueFree

Whether a state bar may disbar or suspend a lawyer who unethically solicits clients in violation of the state's rules of professional conduct.

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