DOJ-OGR-00023169.tif
35.5 KB
Extraction Summary
2
People
4
Organizations
1
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal document / report excerpt
File Size:
35.5 KB
Summary
This document is an excerpt from a legal report, specifically discussing Florida Rules of Professional Conduct (FRPC) 4-8.4, which addresses conduct prejudicial to the administration of justice, including dishonesty, fraud, and misrepresentation. It cites two Florida Bar cases, Frederick (2000) and Shankman (2010), to illustrate how these rules apply, particularly noting that an attorney's actions leading to delayed case resolution and increased client costs can violate FRPC 4-8.4(d). The document also references OPR's examination of FRPC 4-3.8 and the non-binding nature of American Bar Association (ABA) standards for prosecutors.
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Florida Bar |
Party in legal cases (Florida Bar v. Frederick, Florida Bar v. Shankman)
|
|
| OPR |
Office of Professional Responsibility, examined FRPC 4-3.8
|
|
| American Bar Association (ABA) |
Adopted Standards of Criminal Justice Relating to the Prosecution Function
|
|
| Department prosecutors |
Subject of OPR's consideration regarding ABA standards
|
Timeline (2 events)
2000
Court noted FRPC 4-8.4(d) application in Florida Bar v. Frederick (756 So. 2d 79, 87)
Florida
Locations (1)
| Location | Context |
|---|---|
|
Jurisdiction for legal cases and FRPC rules
|
Relationships (2)
Florida Bar v. Frederick
Florida Bar v. Shankman
Key Quotes (4)
"a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation."Source
DOJ-OGR-00023169.tif
Quote #1
"prohibits a lawyer from engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice."Source
DOJ-OGR-00023169.tif
Quote #2
""conduct in connection with the practice of law.""Source
DOJ-OGR-00023169.tif
Quote #3
""are not intended to serve as the basis for the imposition of professional discipline, to create substantive or procedural rights for accused or convicted persons, to create a standard of care for civil liability, or to serve as a predicate for a motion to suppress evidence or dismiss a charge.""Source
DOJ-OGR-00023169.tif
Quote #4
Full Extracted Text
Complete text extracted from the document (1,821 characters)
4. FRPC 4-8.4 – Conduct Prejudicial to the Administration of Justice
FRPC 4-8.4(c) states that a lawyer shall not engage in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
FRPC 4-8.4(d) prohibits a lawyer from engaging in conduct in connection with the practice
of law that is prejudicial to the administration of justice.
In Florida Bar v. Frederick, 756 So. 2d 79, 87 (Fla. 2000), the court noted that FRPC
4-8.4(d) is not limited to conduct that occurs in a judicial proceeding, but can be applied to
"conduct in connection with the practice of law." In Florida Bar v. Shankman, 41 So. 3d 166, 172
(Fla. 2010), for example, an attorney's continuous hiring and firing of firms to assist in the client's
matter resulted in delayed resolution of the case and constituted a violation of FRPC 4-8.4(d) due
to the delay in the administration of justice and the increased costs to the client. 201
FRPC 4-8.4(c) states that a lawyer shall not engage in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
FRPC 4-8.4(d) prohibits a lawyer from engaging in conduct in connection with the practice
of law that is prejudicial to the administration of justice.
In Florida Bar v. Frederick, 756 So. 2d 79, 87 (Fla. 2000), the court noted that FRPC
4-8.4(d) is not limited to conduct that occurs in a judicial proceeding, but can be applied to
"conduct in connection with the practice of law." In Florida Bar v. Shankman, 41 So. 3d 166, 172
(Fla. 2010), for example, an attorney's continuous hiring and firing of firms to assist in the client's
matter resulted in delayed resolution of the case and constituted a violation of FRPC 4-8.4(d) due
to the delay in the administration of justice and the increased costs to the client. 201
201
OPR also examined FRPC 4-3.8, Special Responsibilities of a Prosecutor. Nothing in the text of that rule,
however, was relevant to the issues addressed in this Report. A comment to FRPC Rule 4-3.8 notes that Florida has
adopted the American Bar Association (ABA) Standards of Criminal Justice Relating to the Prosecution Function.
These "standards," however, are not binding rules of conduct but rather provide guidance to prosecutors. Indeed, the
ABA has expressly stated that these standards "are not intended to serve as the basis for the imposition of professional
discipline, to create substantive or procedural rights for accused or convicted persons, to create a standard of care for
civil liability, or to serve as a predicate for a motion to suppress evidence or dismiss a charge." OPR does not consider
the ABA standards as binding on the conduct of Department prosecutors.
131
DOJ-OGR-00023169
OPR also examined FRPC 4-3.8, Special Responsibilities of a Prosecutor. Nothing in the text of that rule,
however, was relevant to the issues addressed in this Report. A comment to FRPC Rule 4-3.8 notes that Florida has
adopted the American Bar Association (ABA) Standards of Criminal Justice Relating to the Prosecution Function.
These "standards," however, are not binding rules of conduct but rather provide guidance to prosecutors. Indeed, the
ABA has expressly stated that these standards "are not intended to serve as the basis for the imposition of professional
discipline, to create substantive or procedural rights for accused or convicted persons, to create a standard of care for
civil liability, or to serve as a predicate for a motion to suppress evidence or dismiss a charge." OPR does not consider
the ABA standards as binding on the conduct of Department prosecutors.
131
DOJ-OGR-00023169
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