The Florida Bar v. Riccardi, 46178

• Decision Date: 11 December 1974
• Docket Number: No. 46178,46178
• Citation: 304 So.2d 444
• Parties: THE FLORIDA BAR, Petitioner, v. Edward G. RICCARDI, Respondent.
• Court: Florida Supreme Court

Page 444

304 So.2d 444

THE FLORIDA BAR, Petitioner, v. Edward G. RICCARDI, Respondent.

No. 46178.

Supreme Court of Florida.

Dec. 11, 1974.

William B. Wiley, Asst. Staff Counsel, Tallahassee, Norman K. Schwarz and Leonard Rivkind, Miami Beach, for The Florida Bar, petitioner.

Robert C. Josefsberg, of Pearson & Josefsberg, Miami, for respondent.

PER CURIAM.

The Florida Bar has filed before us a petition requesting an adjudication of contempt and permanent injunction against the respondent for the unauthorized practice of law. A rule to show cause was issued to which a response was filed. Oral argument (not having been requested) is nevertheless deemed unnecessary and, therefore, is dispensed with. So too, the appointment of a referee is unnecessary.

The pertinent point raised in the petitioner's Complaint is contained in paragraph VII which reads as follows:

'Respondent has engaged in the unauthorized practice of law in Florida by the following:

'A. On August 24, 1973, Respondent appeared at and actively participated in the deposition of William V. Ehrens, Plaintiff, in the case of William V. Ehrens v. DuPont, Glore, Forgan, Inc., case No. 73--9492--SP--05, County Court in and for Dade County, Florida. Respondent acted as an advocate on behalf of the Plaintiff as the attached copy of the 'Deposition of William v. Ehrens' discloses. (Petitioner's Exhibit B). By his words and conduct in representing the Plaintiff in the deposition proceeding, Respondent expressly and impliedly held himself out as an attorney-at-law, licensed to practice in the State of Florida.

'B. In the aforementioned deposition proceeding, Respondent expressly and impliedly held himself out to the court reporter, John J. Blue, as a licensed Florida attorney. A copy of said reporter's affidavit is attached hereto as Petitioner's Exhibit C.

'C. On August 28, 1973, Respondent appeared in and actively participated in a pretrial conference in the case of William V. Ehrens v. DuPont, Glore, Forgan, Inc. case No. 73--9492--SP--05, County Court in and for Dade County, Florida. As the attached copy (Petitioner's Exhibit D) discloses, Respondent appeared in the role of a representative/advocate for the Plaintiff. In addition, Respondent attempted to persuade the Court of his authority to so act:

"MR. RICCARDI: According to certain rules of the Bar, which I don't have in front of me, a person not qualified can indeed represent somebody to give advice or wish to take a fee in certain...