The Florida Bar v. Tate
| Citation | 552 So.2d 1106,14 Fla. L. Weekly 581 |
| Decision Date | 22 November 1989 |
| Docket Number | No. 72985,72985 |
| Parties | 14 Fla. L. Weekly 581 THE FLORIDA BAR, Petitioner, v. Freeman D. TATE, Respondent. |
| Court | United States State Supreme Court of Florida |
Stephen N. Zack, President, Miami, James Fox Miller, President-elect, Hollywood, John F. Harkness, Jr., Executive Director, John T. Berry, Staff Counsel, Joseph R. Boyd, Chairman, Standing Committee on Unlicensed Practice of Law, Mary Ellen Bateman, Unlicensed Practice of Law Counsel, Lori S. Holcomb, Asst. Unlicensed Practice of Law Counsel, Tallahassee, and David H. Charlip of Martinez, Charlip & Delgado, Co-counsel, Miami, for The Florida Bar, petitioner.
Freeman D. Tate, Miami, in pro. per.
This cause is before us upon the petition of The Florida Bar to enjoin Freeman D. Tate from the unauthorized practice of law. We have jurisdiction. * We appointed a referee to consider this matter and to submit a report to this Court.
The referee concluded that respondent had engaged in the unauthorized practice of law in the state of Florida based upon the following findings of fact:
A. ... Respondent, at all times material herein, was not and is not a member of The Florida Bar, and was not therefor licensed to engage in the practice of law in the State of Florida.
B. This Referee does find that the Respondent did in the past engage in the practice of law in the State of Florida as said practice has been defined in The Florida Bar v. Sperry, 140 So.2d 587 (Fla.1962), rev'd on other grounds, 373 U.S. 379 [83 S.Ct. 1322, 10 L.Ed.2d 428] (1963); The Florida Bar v. Scussel[ ], 240 So.2d 153 (Fla.1970); The Florida Bar v. Moran, 273 So.2d 390 (Fla.1973); The Florida Bar v. Kaiser, 397 So.2d 1132 (Fla.1981); The Florida Bar v. Kaufman[n], 452 So.2d 526 (Fla.1984), by handing out business cards which do not otherwise represent him to be a foreign attorney; by not properly representing himself to be a foreign attorney who is not licensed to practice law to clients who engaged him in this jurisdiction, by filing pleadings as attorney of record in Dade County Circuit and County Courts without first obtaining proper Court authorization to appear pursuant to applicable Rules of Judicial Administration and by otherwise "practicing law" in this jurisdiction without obtaining admission into The Florida Bar.
We approve the referee's report and adopt his recommendations:
B. That Respondent be restrained and enjoined from representing to anyone that he is a member of the Florida Bar; from utilizing...
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AMENDMENTS REGULATING BAR-ADVERTISING
...he is a member of The Florida Bar or authorized to practice in this state.... Kaiser, 397 So.2d at 1133-34; see also Florida Bar v. Tate, 552 So.2d 1106, 1107 (Fla.1989) (enjoining Pennsylvania attorney from representing that he was a member of The Florida Bar; from utilizing any cards, let......
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Gould v. Harkness
...that he was authorized to practice in Florida on his own, and therefore had committed UPL. See id. Similarly, in Florida Bar v. Tate, 552 So.2d 1106 (Fla.1989), the Court held that the defendant, a member of the Pennsylvania bar but not Florida, had committed UPL by handing out business car......
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Yanakakis v. Chandris, S.A., 91-5542
...as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981.7 Defendants cite The Florida Bar v. Tate, 552 So.2d 1106 (Fla.1989). In Tate, an out-of-state attorney was found to have engaged in the unauthorized practice of law. Id. However, in Tate, un......