Florida Bar v. Abreu

833 So. 2d 752, 27 Fla. L. Weekly Supp. 989, 2002 Fla. LEXIS 2459, 2002 WL 31662604
CourtSupreme Court of Florida
DecidedNovember 27, 2002
DocketNo. SC01-2019
StatusPublished
Cited by2 cases

This text of 833 So. 2d 752 (Florida Bar v. Abreu) 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 v. Abreu, 833 So. 2d 752, 27 Fla. L. Weekly Supp. 989, 2002 Fla. LEXIS 2459, 2002 WL 31662604 (Fla. 2002).

Opinion

PER CURIAM.

The Florida Bar has filed a motion pursuant to Rule Regulating the Florida Bar 10-7.1(b)(4) requesting that this Court issue an order enjoining respondent Erdon I. Abreu from engaging in the unlicensed [753]*753practice of law. We have jurisdiction. See art. V, § 15, Fla. Const.

FACTS

On September 12, 2001, The Florida Bar filed a petition against the unlicensed practice of law (UPL) alleging the following:

Erdon I. Abreu was not a member of the Florida Bar at all times material to the instant petition.

Count I. On June 28,1999, Rachel Yanes sought Abreu’s services in making a claim to the Immigration and Naturalization Service (INS) for temporary protected status (TPS).1 Abreu identified himself as an attorney to Yanes and represented to her that he was qualified to provide assistance in immigration matters. Yanes paid Abreu $550 for the preparation and filing with INS of the necessary forms for TPS. Abreu prepared and filed an application for TPS on Yanes’ behalf, as well as a work authorization form. Yanes’ TPS application was “placed in suspense” by the INS because the personal check tendered by Abreu was rejected for insufficient fees. After Abreu’s check “bounced,” the INS contacted Yanes and requested payment of the fee plus a $30 service charge. The INS ultimately denied Yanes TPS when she was unable to repay the filing fee and service charge.

Count II. In May 1999, Dr. David Garcia and his wife, Andrea Lugo Garcia, (the Garcias) contacted Abreu to represent Mrs. Garcia in an upcoming immigration court hearing, and to help Dr. Garcia reopen his immigration case. Abreu stated that he would help the Garcias obtain their green cards and that he would represent Mrs. Garcia at her hearing. Abreu gave them a card identifying himself as “Director of the Alliance Legal Group, Licensed Legal Expense Agents, Family, Business, Group.” The card listed services that included “Immigration services, Green Card-Citizenship, Relative Petition, Deportation Cases, Professional Visas-Appeals.” The Garcias paid Abreu $3450 for his services. On July 29, 1999, Abreu represented Mrs. Garcia in an immigration hearing. After that, he told the Garcias that he would continue to prepare their documents, but he would no longer represent them in court. In November 1999, Dr. Garcia paid Abreu an additional $340 for filing fees. In or about June 2000, Abreu sent the Garcias a letter stating that he would no longer represent them and that they needed to find another attorney.

The Bar argues that Abreu’s actions constitute UPL and present the potential for substantial public harm. The Bar asks this Court to issue a permanent injunction preventing and restraining Abreu from engaging in the acts complained of and otherwise engaging in the practice of law in Florida until he is duly licensed to practice law in this state. Finally, the Bar asks that this Court tax the costs of these proceedings against Abreu.

On October 16, 2001, this Court issued an order directing Abreu to show cause why he should not be enjoined from engaging in UPL. At first, service was not accomplished because Abreu had moved from his last known address. On February 22, 2002, this Court issued a second order to show cause. A private process server ultimately accomplished service and an affidavit of service was filed with this Court. Abreu did not respond to this [754]*754Court’s order to show cause. On May 20, 2002, the Bar filed a motion to decide the case upon its merits.

Under Rule Regulating the Florida Bar 10-7.1(b)(4), if a respondent in a UPL case fails to respond to an order to show cause issued by this Court, “the allegations of the petition [for injunctive relief filed by the Bar] shall be taken as true for purposes of that action.” Further, “upon its motion or upon motion of any party, [the Court will] decide the case upon its merits.” Since Abreu has elected not to respond to our order to show cause, we grant the Bar’s motion and proceed to decide this case on its merits.

ANALYSIS

Accepting the allegations in the Bar’s petition as true, we conclude that Abreu’s conduct with Yanes and the Garcias constitutes the unlicensed practice of law. In Florida Bar v. Becerra, 661 So.2d 299, 300 (Fla.1995), the Bar and the respondent entered a joint stipulation agreeing that Becerra, a nonattorney, should be enjoined from engaging in various conduct, including the following: representing to the public that she or any of her employees were capable of advising on and handling matters requiring legal skills, allowing members of the public to rely on her to prepare legal forms or documents affecting their legal rights, and answering questions from individuals and entities as to which particular INS forms should be filed, how to fill out the forms or applications, or what supporting documentation should accompany the forms or applications. Most, if not all, of Becerra’s UPL conduct occurred in the context of advising individuals as to immigration matters, because the stipulation provided that “the preparation of forms to effect a change in immigration status requires legal training and familiarity with immigration laws and that failure to properly prepare the forms could result in great harm, including deportation.” Id. at 299. We approved the stipulation and concluded that Becerra had engaged in UPL, enjoining her permanently from engaging in the aforementioned conduct.

In the instant case, Abreu prepared and filed a TPS application for Yanes and assisted the Garcias in preparing documents related to obtaining green cards.2 We conclude that under Becerra, Abreu’s preparation and filing of immigration documents constitutes the unlicensed practice of law. See also Florida Bar v. Davide, 702 So.2d 184, 185 (Fla.1997) (preparation of legal documents by non-lawyer for another constitutes UPL); Florida Bar v. Rodriguez, 509 So.2d 1111 (Fla.1987) (nonattorney who filed immigration forms for clients engaged in the unlicensed practice of law).

Further, this Court has held that representing individuals at hearings before the INS, except to the extent INS regulations allow representation of the individual by a nonlawyer, constitutes UPL. See Florida Bar v. Corpa Immigration Services, 642 So.2d 548 (Fla.1994); Florida Bar v. Aberasturia, 529 So.2d 690, 691 (Fla.1988); Florida Bar v. Dobbs, 508 So.2d 326 (Fla.1987). Title 8 C.F.R. § 292.1(a)(3) (2002), provides that a reputable individual of good moral character, [755]*755who is not an attorney or a law student, may represent individuals in immigration proceedings, provided that the following conditions are met:

(i) He is appearing on an individual case basis, at the request of the person entitled to representation;
(ii) He is appearing %vithout direct or indirect remuneration and files a written declaration to that effect;
(iii) He has a pre-existing relationship or connection with the person entitled to representation (e.g., as a relative, neighbor, clergyman, business associate or personal friend), provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and

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Cite This Page — Counsel Stack

Bluebook (online)
833 So. 2d 752, 27 Fla. L. Weekly Supp. 989, 2002 Fla. LEXIS 2459, 2002 WL 31662604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-abreu-fla-2002.