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FL Supreme CourtDecember 22, 2022Referee's guilt recommendations approved in part and disapproved in part; recommended discipline disapproved; Respondent disbarred⭐ Notable

The Florida Bar v. Strems

Case No. SC20-806

The Florida Supreme Court reviewed two consolidated referee reports concerning Scot Strems, sole owner of the Strems Law Firm, a high-volume first-party property insurance practice plagued by Kozel dismissals, weekly sanctions, and section 57.105 awards. The Court approved most findings of guilt for firm mismanagement, frivolous claims, and false affidavits, and additionally found Strems guilty (contrary to the referee) of violating Rules 4-1.2, 4-1.5, and 4-1.7 in connection with a global settlement in which he allocated half of a $45,000 recovery to fees while limiting the elderly client to her prelitigation bottom line. Rejecting the recommended two-year suspension and public reprimand, the Court disbarred Strems based on cumulative misconduct, but declined the Bar's request for permanent disbarment.

Key facts

  • Scot Strems, sole owner of a high-volume first-party property insurance firm, faced consolidated referee reports documenting the firm's pattern of Kozel dismissals, weekly sanctions, section 57.105 awards, and alleged misconduct by associates.
  • Strems negotiated a global $45,000 settlement in a client matter and allocated half to attorney's fees while limiting the elderly client's recovery to her pre-litigation bottom line, despite a contingency fee agreement with a different percentage structure.
  • +2 more key facts with a free trial

Why it matters

This is the culminating decision in one of Florida's most closely watched first-party property insurance litigation controversies, and it sets a clear marker on supervisory liability: a firm owner cannot insulate… — full analysis with a trial

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