The Florida Bar v. Patterson
The Florida Supreme Court rejected a referee's recommendation of a mere admonishment for attorney Kelsay Patterson, who sent a letter to a federal judge and filed appellate papers disparaging judges and opposing counsel, and who pursued his own interests in his client's appeal of a joint $160,000 sanctions judgment. The Court found violations of Bar Rules 4-1.7 (conflict of interest), 4-8.2(a) (impugning judicial integrity), and 4-8.4(d) (conduct prejudicial to the administration of justice), and imposed a one-year suspension.
Key facts
- Attorney Kelsay Patterson was jointly sanctioned with his client for $160,000 in a trial court proceeding and continued to represent the client in appealing the sanctions judgment without obtaining written informed consent regarding his conflicting financial interest.
- Patterson sent a letter to a federal judge and filed appellate papers containing disparaging statements about judges and opposing counsel, and prioritized his own interests in reducing his share of the sanctions over his client's appellate outcome.
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Why it matters
A strong signal that the Court will substantially increase discipline for incivility toward judges and for lawyers who hijack a client's appeal to litigate their own sanctions exposure. Civil litigators facing joint… — full analysis with a trial
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