Florida Bar re Lopez

545 So. 2d 835, 14 Fla. L. Weekly 209, 1989 Fla. LEXIS 325, 1989 WL 80701
CourtSupreme Court of Florida
DecidedApril 13, 1989
DocketNo. 71948
StatusPublished
Cited by3 cases

This text of 545 So. 2d 835 (Florida Bar re Lopez) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Bar re Lopez, 545 So. 2d 835, 14 Fla. L. Weekly 209, 1989 Fla. LEXIS 325, 1989 WL 80701 (Fla. 1989).

Opinion

PER CURIAM.

Peter M. Lopez petitions for reinstatement to The Florida Bar (Bar) pursuant to rule 3-7.9, Rules Regulating The Florida Bar, following service of a three-year suspension imposed by this Court upon his conviction on twenty-two felony counts. The Fla. Bar v. Lopez, No. 63,714 (Fla. Sept. 9, 1983). We have jurisdiction. Art. V, § 15, Fla. Const. The referee recommends that Lopez be reinstated. The Bar petitions for review, arguing that petitioner has not shown that he has acted with unimpeachable conduct, as found by the referee, and should not be reinstated. We agree and, for the reasons which follow, dismiss the petition for reinstatement.

Petitioner was first suspended in 1981 for tampering with witnesses by promising that he would dismiss a suit against them if they would change their testimony. Noting that this was a criminal act subject to a one-year term of imprisonment, we disapproved the referee’s recommendation of a three-month suspension and imposed a one-year suspension. Reinstatement was contingent upon proof of rehabilitation and passing the ethics portion of the Bar examination. The Fla. Bar v. Lopez, 406 So.2d 1100 (Fla.1981). In 1983, petitioner was convicted on a twenty-two count felony indictment in federal district court. Each count involved petitioner’s representation of aliens during which he willfully and knowingly made or caused to be made false, fictitious statements as to material facts in applications to the United States Immigration and Naturalization Service (INS). Following these convictions, petitioner was automatically suspended for a three-year period pursuant to the former Florida Bar Integration Rule, article XI, Rule 11.07. Reinstatement was contingent on restoration of civil rights and proof of fitness to resume the practice of law. In addition, based on the continuing suspension from 1981, petitioner was required to successfully pass the ethics portion of the Bar examination. Petitioner successfully passed the ethics examination in 1986 and his civil rights were restored in 1988.

The issue is whether petitioner has demonstrated his fitness to resume the practice of law. In support, petitioner presented testimony from himself, relatives, friends, and professional associates to the effect that he was morally, ethically, and professionally fit to resume practice. In opposition, the Bar introduced, or attempted to introduce, evidence showing unfitness.

The first question concerns testimony, which the Bar attempted to introduce, [836]*836from the assistant United States attorney who prosecuted petitioner on the twenty-two felony counts and an investigator for INS who was familiar with petitioner’s legal contacts with INS. The referee initially concluded that this evidence was not relevant because it concerned events occurring before the felony convictions which led to petitioner’s second suspension. The thrust of the referee’s ruling appears to have been that the Bar did not attempt to disbar petitioner in 1983, when it could have tried to do so, and was now estopped from producing evidence on which a disbarment might have been based.

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Bluebook (online)
545 So. 2d 835, 14 Fla. L. Weekly 209, 1989 Fla. LEXIS 325, 1989 WL 80701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-re-lopez-fla-1989.