by Kim Miller
The Florida Supreme Court today released a complaint filed by the Florida Bar against attorney David J. Stern, whose Plantation-based law firm was once the largest company in the state representing banks in foreclosure cases.
The complaint stems from a Sun Trust foreclosure action handled by Stern’s firm in the Fifth District Court of Appeal.
Details are still forthcoming, but the court entered an order in February to show cause requiring Stern to explain why sanction s should not be entered against him for his failure to timely file certain documents in accordance with a prior court order.
Check out the rest here…
From the complaint…
On or about February 16, 2011, the Court entered an Order to Show Cause requiring respondent to show cause why sanctions should not be entered against him for his failure to timely file certain documents in accordance with a prior Order of the Court. A true and correct copy of the February 16, 2011 Order is attached hereto and incorporated herein by reference as The Florida Bar’s Exhibit A.
Respondent failed to produce the documents and has otherwise failed to respond.
On or about March 14, 2011, the Court referred this matter to The Florida Bar for “investigation and consideration of appropriate disciplinary action for failing to comply with the February 16, 2011 Order.” A true and correct copy of the March 14, 2011 Order is attached hereto and incorporated herein by reference as The Florida Bar’s Exhibit B.
By the conduct set forth above, respondent violated the following R. Regulating Fla. Bar:
A. Rule 3-4.2 [Violation of the Rules of Professional Conduct as adopted by the rules governing The Florida Bar is a cause for discipline.];
B. Rule 4-3.4(c) [A lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists.]; and C. Rule 4-8.4(a) [A lawyer shall not violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.].
WHEREFORE, The Florida Bar respectfully requests this Court enter an Order appropriately disciplining the respondent in accordance with the applicable provisions of the Rules Regulating The Florida Bar as amended.
Full complaint below…