THE FLORIDA BAR, COMPLAINANT,
v.
MARK J. FRIEDMAN, RESPONDENT

Fla. | 1982-11-10
No. 62711
ADKINS, Acting C.J., and BOYD, OVERTON, MCDONALD and EHRLICH, JJ., concur.
422 So. 2d 317 Florida Supreme Court (1982)

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Synopsis

The Florida Bar disciplined attorney Mark J. Friedman for professional misconduct in handling a real estate transaction for an out-of-state client. The Florida Supreme Court approved a conditional guilty plea and imposed a public reprimand for violations of the Code of Professional Responsibility regarding competence, preparation, and neglect.


Holding

The Court approved the conditional guilty plea and found that Friedman violated Disciplinary Rule 6-101(A)(1), (2), and (3) of the Code of Professional Responsibility. The Court imposed a public reprimand and assessed costs of $525.85 against Respondent.


Headnotes

[1] An attorney violates disciplinary rules by handling a legal matter without adequate preparation under the circumstances.

[2] An attorney violates disciplinary rules by neglecting a legal matter entrusted to them.

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Key Quotes

“the Respondent failed in his obligation to provide his client with the minimum professional standards demanded by the Code of Professional Responsibility”

Establishes the core nature of Friedman's violations—failure to meet basic professional obligations

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Facts & Procedural History

Respondent Friedman attempted to represent an out-of-state client in conveying a condominium in Dade County, Florida. Friedman failed to insist on a f…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter is before the Court on Petition for Approval of Conditional Guilty Plea for Consent Judgment (Public Reprimand) and Entry of Final Order of Discipline to Disciplinary Rules 6-101(A)(l), (2), and (8).

The Respondent attempted to represent an out-of-state client in her efforts to convey a condominium located in Dade County, Florida. By the Respondent’s own admissions, it is clear to this Court that the Respondent failed in his obligation to provide his client with the minimum professional standards demanded by the Code of Professional Responsibility. The Respondent failed to insist on a formal escrow agreement for deposit monies, repeatedly failed to communicate with his client when requested, negligently prepared various closing documents, and failed to initiate affirmative action to associate more experienced counsel on the case. Indeed, based upon the foregoing, his client felt obligated to retain additional counsel for the sole purpose of assisting the Respondent in what appears to be a relatively routine real estate transaction.

We approve the Petition, and we hereby reprimand the Respondent, Mark J. Friedman, for the following: handling a legal matter which he knew or should have known that he was not competent to handle; handling a legal matter without preparation adequate in the circumstances; and neglecting a legal matter entrusted to him; in violation of Disciplinary Rule 6-101(A)(1), (2), and (3) of the Code of Professional Responsibility. The publication of this Order in Southern Reporter shall serve as the Respondent’s public reprimand.

Costs in the amount of $525.85 are hereby taxed against the Respondent.

It is so ordered.

ADKINS, Acting C.J., and BOYD, OVERTON, MCDONALD and EHRLICH, JJ., concur.


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