CourtListener 6473949•The Florida Bar v. Jeffrey Charles Regan
Testo completo
Supreme Court of Florida
THURSDAY, JUNE 2, 2022
CASE NO.: SC20-1693
Lower Tribunal No(s).:
2021-00,002(4B)
THE FLORIDA BAR vs. JEFFREY CHARLES REGAN
Complainant(s) Respondent(s)
Upon consideration of the Amended Report of Referee, the
Amended Motion to Assess Costs, and the briefs filed in this case,
the Court hereby approves the referee’s findings of fact and
recommended finding of not guilty as to all violations charged. The
referee’s recommendation of diversion is disapproved.
Respondent is hereby found not guilty of the alleged
misconduct. Accordingly, this case is dismissed.
Each party shall bear its own costs.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION
AND, IF FILED, DETERMINED.
CANADY, C.J., and POLSTON, LAWSON, MUÑIZ, and
GROSSHANS, JJ., concur.
COURIEL, J., dissents with an opinion, in which LABARGA, J.,
concurs.
CASE NO.: SC20-1693
Page Two
COURIEL, J., dissenting.
I would have approved the referee’s findings of fact, rejected
his finding as to guilt, and ordered a public reprimand in this case.
Our Rules of Professional Conduct state that “[a] lawyer shall
not engage in conduct in connection with the practice of law that is
prejudicial to the administration of justice, including to knowingly,
or through callous indifference, disparage [or] humiliate . . . other
lawyers on any basis.” R. Regulating Fla. Bar 4-8.4(d).
Respondent, a member of the bar for almost four decades, was
lead counsel to the plaintiff in a significant case that had been
pending for a long time. Confronted with what he thought were
meritless pleadings from a newcomer to the litigation, he sent two
emails on June 20, 2020, that, on their face, are clear and
convincing evidence of disparagement and humiliation of opposing
counsel in violation of the rule. Nobody disputes that the messages
were sent. Respondent remembers writing, but not sending, one of
them—but off it indisputably went.
To Respondent’s credit, he acknowledges that his
“correspondence was unprofessional, undignified, rude, and
CASE NO.: SC20-1693
Page Three
outlandish” and that there is “no place in the practice of law for
such correspondence.” Amended Report of Referee at 12-13. Yet it
is incumbent upon us to say so, and to say so with force and clarity
when such words come from the most senior and trusted members
of our profession.
LABARGA, J., concurs.
A True Copy
Test:
so
Served:
ELEANOR HADDEN SILLS
CHRIS W. ALTENBERND
JOSEPH ARNOLD CORSMEIER
HON. CHRISTOPHER ANTHONY FRANCE, JUDGE
PATRICIA ANN TORO SAVITZ
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