THE FLORIDA BAR v. ADORNO, 48 So.3d 837 (Fla. 2010)

No. SC09-1012.Supreme Court of Florida.
October 27, 2010.

Lower Tribunal No(s). 2006-71,062(11N).

Upon consideration of the report of referee and the briefs filed in this cause, the Court hereby commands Henry Nissim Adorno to show cause on or before November 16, 2010, why the referee’s recommended sanction should not be disapproved and a more severe sanction, including a substantial suspension of up to three years or disbarment, be imposed. Complainant may serve their response, if any, on or before November 29, 2010.

Further, on the Court’s own motion, Respondent is suspended from the practice of law until further order of this Court, effective thirty days from the date of this order so that Respondent can close out his practice and protect the interests of existing clients. If Respondent notifies this Court in writing that he is no longer practicing and does not need the thirty days to protect existing clients, this Court will enter an order making the suspension effective immediately. Respondent shall fully comply with Rule Regulating the Florida Bar 3-5.1(g). In addition, Respondent shall accept no new business from the date this order is filed until further order of the Court.

Respondent is further ordered:

a. To accept no new clients from the date of this Court’s order and to cease representing any clients after thirty days of this Court’s order.
b. To immediately furnish a copy of Respondent’s suspension order to all clients, opposing counsel and courts before which Respondent is counsel of record and to furnish Staff Counsel of The Florida Bar with the requisite affidavit listing all clients, opposing counsel and courts so informed within thirty days of this Court’s order.
c. To stop disbursing or withdrawing any monies from any trust account without approval of the Florida Supreme Court or a referee appointed by the Florida Supreme Court or order of the circuit court in which an inventory attorney has been appointed.
d. To deposit into a specified trust account all sums received from the practice of law, whether as fees, costs, deposits, or trust funds, within thirty days of this Court’s order and to immediately advise Bar Counsel of the receipt and location of said funds.
e. To immediately notify in writing all financial institutions in which Respondent maintains trust accounts of the provisions of Respondent’s suspension and to provide said financial institutions with a copy of this Court’s order, and furthermore, to provide Bar Counsel with a copy of the notice sent to each financial institution.

Not final until time expires to file motion for rehearing, and if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this suspension.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.