What to Do When You Lose Your Lawyer

When an attorney is suspended or disbarred, it can cause problems for the client, too. Two veteran litigators explain how to proceed to protect your case.
By: Stone & Capobianco, PL
 
STUART, Fla. - July 18, 2013 - PRLog -- On June 26th, the Florida Bar announced that a dozen attorneys in the Treasure Coast and South Florida had been suspended or disbarred by the Florida Supreme Court. While the impact this can have on clients is potentially devastating, attorneys Jerome Stone and Linda Capobianco warn that few people outside the legal profession have any idea what to do under such circumstances.

“Attorneys who have been suspended or disbarred are required to notify their clients in writing, but the notices may not be of much help, because they don’t always offer much useful guidance to the client, and time can be an issue with some cases,” said Stone.

For example, Florida law was changed last year to drastically shorten the time allowed for a person injured in an automobile accident to see a doctor in order to obtain the personal injury protection (PIP) benefits available to them under their automobile insurance coverage.

“So if you just started a personal injury case with an attorney who gets suspended or disbarred, the clock could be working against you,” said Capobianco.

According to Stone and Capobianco, what clients need to know is that:

1)      The suspended or disbarred attorney is required to send a copy of the Court’s order to all clients,   any other attorneys and all courts or other agencies involved.

2)      Clients have the right to get a new attorney.

3)      Judges are understanding in such circumstances and will allow more time, but clients should get a new attorney as quickly as possible.

4)      The new attorney is entitled to receive all the files, documents and other material concerning the case, and the client should not be charged for those materials

As for the attorney, suspension can be for as short a time as 30 days, or as long as three years. Disbarment is usually for several years, but might also be permanent. After suspension or non-permanent disbarment, attorneys can apply for readmission to the Bar, but they have to go through some steps. Depending on what they did and what the Court ordered, that could include taking the bar exam again, making financial restitution to clients, or paying fines to the Court.

The Florida Bar typically releases the names of attorneys who have been suspended or disbarred at the end of each month.

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Stone & Capobianco, P.L. is based in Stuart (FL). The firm was established in 2002 and practices primarily in the areas of personal injury, family law, and sports and entertainment law.

For more information, contact Jerome Stone or Linda Capobianco at 772-781-4357 or visit www. stonelawfl.com
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Source:Stone & Capobianco, PL
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Tags:Lawyer Disbarment, Florida Bar, Attorney Suspension, Personal Injury, Lawyer Misconduct
Industry:Legal, Consumer
Location:Stuart - Florida - United States
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