The Florida Bar v. Medina
The Florida Bar sought review of a referee's recommendation that an attorney be found not guilty of violating Rules 3-4.3, 4-3.3(a)(1), and 4-8.4(a) after he filed a motion to vacate and affidavit containing inaccurate statements about why he missed a federal case management conference. The Supreme Court approved the referee's findings, holding the Bar failed to prove by clear and convincing evidence that the lawyer knew his statements were false when made, and rejecting the Bar's reading of Grieco that it need only show the lawyer deliberately engaged in the act of filing.
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Key facts
- The Florida Bar charged attorney Medina with violating Rules 3-4.3, 4-3.3(a)(1), and 4-8.4(a) based on statements in a motion to vacate and affidavit filed in federal court regarding his absence from a case management conference.
- A referee recommended finding Medina not guilty, and the Supreme Court approved those findings after determining the Bar failed to prove by clear and convincing evidence that Medina knew his statements were false when he made them.
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Why it matters
The opinion is a useful defense tool in attorney-discipline proceedings: it expressly rejects the Bar's broad reading of Grieco and reaffirms that the 'knowingly' element of Rule 4-3.3(a)(1) requires proof of subjective… — full analysis with a trial
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