Wednesday, September 11, 2013

Did Mark Eiglarsh, Esq. Violate the Florida Rules of Professional Responsibility?

FLORIDA RULES OF PROFESSIONAL RESPONSIBILITY: 

Rule 4-8.3 REPORTING PROFESSIONAL MISCONDUCT

(a) Reporting misconduct of other lawyers: A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthyness, or fitness as a lawyer in other respects shall inform the appropriate professional authority.

 (b) Reporting misconduct of judges: A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.

Comment: Self regulation of the legal profession requires that members of the profession initiate disciplinary investigation when they know of a violation of the Rules of Professional Conduct. An apparently isolated violation may indicate a pattern of misconduct that only a disciplinary investigation can uncover. This rule limits the reporting obligation to those offenses that a self regulating profession must vigorously endeavor to prevent. A measure of judgment is therefore required in complying with the provisions of this rule.

http://dailstrug.blogspot.com/2013/09/me-and-mark-eiglarsh.html

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