08/30/2007
Florida Supreme Court Suspends Attorney and Orders Fee Disgorgement for Having Secret Engagement Agreement to Prevent Future Litigation With Opposing Party During Settlement Negotiations
The Florida Bar v. Francisco Ramon Rodriguez, ___So.2d___, 2007 WL 1285820 (Fl. Sup. Ct. 2007)

Brief Summary

This opinion is the latest one of several disciplinary actions dealing with the various members of a firm that had represented multiple clients against the DuPont Corporation for crop damage caused by a fungicide. The lawyers were disciplined for violations of multiple rules ? including conflicts of interest, self-interest, and restrictions on representation ? because the firm was part of a secret side deal in which DuPont engaged the firm while the firm was still representing the plaintiffs. DuPont paid the firm more than $6 million at that time to prevent further litigation. The court rejected the referee’s recommended sanction of a public reprimand for the lead litigation attorney; suspended him for two years, and ordered disgorgement of his part of the fees received in the side agreement, plus interest.
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