THE FLORIDA BAR, PETITIONER,
v.
JULIO A. PASCUAL, RESPONDENT
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The Florida Bar sought to hold Julio A. Pascual in contempt and enjoin him from practicing law without a license. The Court found that Pascual, while working as a paralegal, engaged in unauthorized practice of law and issued a permanent injunction against such conduct in Florida.
The Court found that Pascual engaged in unauthorized practice of law and issued a permanent injunction against him from engaging in the practice of law in Florida. Any violation of this injunction will result in a finding of indirect criminal contempt of court.
[1] A paralegal representing a client in a real estate transaction without the supervision of a certified attorney constitutes the unauthorized practice of law.
[2] Providing legal advice in the presence of opposing counsel without the supervision of a certified attorney constitutes the unauthorized practice of law.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Respondent, as a paralegal and President of Atlantic Title Corporation, which occupied the same suite of offices as attorney Kalish, represented Herrada in the purchase and at the closing of a restaurant from Carlos Torres without the supervision of attorney Kalish.”
Establishes the unauthorized representation—a paralegal acting as counsel without attorney supervision
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Join FLexlaw to unlock all legal intelligenceAndres Herrada retained attorney Leonard J. Kalish for assistance with purchasing a restaurant. Pascual, a paralegal and President of Atlantic Title C…
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PER CURIAM.
We review the findings and recommendations of the referee relating to The Florida Bar’s petition against Julio A. Pascual’s unauthorized practice of law.
The Florida Bar, by petition, seeks to have Pascual held in contempt and enjoined from the unauthorized practice of law. The petition alleged:
Respondent has engaged in the unauthorized practice of law in Dade County, Florida by one or more of the following acts:
1. Andres Herrada retained the services of the employer of the respondent, Leonard J. Kalish, a certified Florida attorney, in the purchase of a restaurant.
Respondent, as a paralegal and President of Atlantic Title Corporation, which occupied the same suite of offices as attorney Kalish, represented Herrada in the purchase and at the closing of a restaurant from Carlos Torres without the supervision of attorney Kalish.
2. Respondent gave legal advice to Andres and Pedro Herrada in the presence of Carlos Torres and Torres’ attorney, Velio Veski, without attorney Kalish being present.
3. Respondent corresponded with attorney Velio Veski on attorney Kalish’s stationery and signed “For the Firm” without disclaimer of his non-attorney status.
The referee finds, and we agree, that Pascual engaged in the unauthorized practice of law and should be permanently enjoined from engaging in the unauthorized practice of law in this state. Accordingly, Pascual is permanently enjoined from engaging in the practice of law in this state. In the event that he engages in any of the conduct enjoined, he will be found in indirect criminal contempt of this Court for the unauthorized practice of law in this state. He is also ordered to pay the costs of this proceeding.
It is so ordered.
ALDERMAN, C.J., and ADKINS, OVER-TON, MCDONALD and EHRLICH, JJ., concur. BOYD, J., dissents.