15 Fla. L. Weekly Supp. 939a
Insurance — Personal injury protection — Attorney’s fees — Attorney cannot recover attorney’s fees for legal work performed while law license was suspended for failure to meet CLE requirements — Attorney’s subsequent reinstatement does not retroactively cure effect of suspension
POMPANO BEACH CHIROPRACTIC CENTER, INC. (a/a/o Gerald Michel), Plaintiff, vs. U.S. SECURITY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 07-12391 COCE 53. July 15, 2008. Robert W. Lee, Judge. Counsel: Rutledge M. Bradford, Orlando, for Plaintiff. Adolfo Podrecca, Fort Lauderdale, for Defendant.
FINAL JUDGMENT ON PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS
THIS CAUSE came before the Court on July 2, 2008 for hearing of the Plaintiff’s Motion for Attorneys’ Fees and Costs, and the Court’s having received evidence, made findings of credibility consistent with this judgment, heard argument, and reviewed the relevant legal authorities,1 finds as follows:
Background. On July 2, 2008, a hearing was held for the Plaintiff’s Motion for Attorneys’ Fees and Costs in which the following information was provided:
(1) On February 2, 2008, the Plaintiff’s Motion for Attorneys’ Fees was served on the Defendant.
(2) On February 22, 2008 a Notice of Settlement was filed by the Plaintiff.
(3) An Order on the Plaintiff’s Motion for Attorneys’ Fees and Costs was made on May 2, 2008 stating that the Plaintiff may request the Motion be set for evidentiary hearing upon delivery to opposing counsel and the Court a detailed breakdown of fees sought in the form of date, provider, description of work, time spent, and hourly rate sought.
(4) A Notice of Filing Plaintiff’s Counsel’s Time Sheets and Itemized Case Costs Pursuant to this Court’s Order on Plaintiff’s Motion for Attorneys’ Fees and Costs was served on the Defendant on May 8, 2008.
(5) On May 15, 2008, an Order Setting Special Set Hearing on the Plaintiff’s Motion for Attorneys’ Fees and Costs was done and ordered and set for July 1, 2008 at 1:30 p.m.
(6) On June 4, 2008, Plaintiff’s Verified Motion to Continue Special Set Hearing scheduled for July 1, 2008 at 1:30 p.m. was served on the Defendant. Due to the distance from Orange County to Broward County, the Plaintiff’s Motion stated that the Plaintiff’s counsel would be unable to attend the Special Hearing scheduled for July 1, 2008 at 1:30 p.m.
(7) On June 10, 2008, this Court entered its Order Setting Special Set Hearing on the Plaintiff’s Motion for Attorneys’ Fees and Costs for July 2, 2008.
(8) On June 24, 2008, Defendant’s Notice of Filing Fee Reduction was served on the Plaintiff. At this time, this Court was notified that the Plaintiff’s attorney’s license had been suspended from August 31, 2007 until October 27, 2007 for failing to meet the Continuing Legal Education requirement of The Florida Bar.
Conclusions of Law. The Court agrees with the Defendant that a reduction in attorney fees for the Plaintiff is necessary due to the Plaintiff’s counsel’s suspension for failure to meet CLE requirements. According to Florida Bar Rule 1-3.4(a), “any member who is suspended by reason of failure to complete continuing legal education requirements shall be deemed a delinquent member. A delinquent member shall not engage in the practice of law in this state and shall not be entitled to any privileges and benefits accorded to members of The Florida Bar in good standing.” A suspended lawyer simply does not have the “privilege of practicing” law in this state. Rule 3-5.1(e).
A review of Florida case law has not revealed any case law specifically regarding the issue of whether an attorney may recover attorney fees for work done while the attorney’s license was suspended for failing to complete the continuing legal education requirement. However, persuasive Minnesota case law indicates that an attorney placed on continuing legal education restricted status is not able to represent any person in any legal manner. In re Disciplinary Action Against Lallier, 555 N.W.2d 903, 904 (Minn. 1996). In addition, the Supreme Court of Louisiana has imposed sanctions from suspension to disbarment when an attorney practices law while ineligible to do so for failing to complete continuing legal education requirements. In re Hardy, 848 So.2d 511, 515 (La. 2003). As stipulated by the parties, counsel for the Plaintiff was administratively suspended from August 31, 2007 until October 24, 2007 for failing to meet the continuing legal education required by The Florida Bar. Plaintiff seeks to recover attorney fees for work done during the period counsel was suspended, arguing that her subsequent reinstatement somehow retroactively cures the effect of her suspension. While there is some authority for this argument based on suspension for failure to pay bar dues, there is no similar authority for a CLE suspension. Cf. Rules 1-3.7(a) & (e). During the suspension period in this case, counsel should not have been practicing law. The Court finds that she cannot now recover fees for legal work done while on CLE suspension. Accordingly,
IT IS ADJUDGED THAT:
In accordance with Plaintiff’s Motion for Attorneys’ Fees and Costs filed on May 8, 2008 and Defendant’s Notice of Filing Fee Reduction filed on June 24, 2008, the Plaintiff shall recover from the Defendant the sum of $5,775.00 for attorney’s fees and $1,460.00 for costs, for a total amount awarded of $7,235.00. The Court finds that the fee award of $5,775.00 to be broken down as 15.4 attorney hours reasonably expended at an hourly rate of $375.00 reasonably charged. (This hourly rate was stipulated by the Defendant). The total sums awarded shall bear interest from May 8, 2008, the date of entitlement was determined, until paid, at the rate of 11% per annum, for which sums let execution issue.
In addition, the Plaintiff’s expert fee witness, Cris Boyar, Esq., is hereby awarded an expert witness fee of $1,000.00 for work reasonably expended and reasonably charged, which is included in the cost award above.
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1The Court thanks Nova Southeastern University’s Christina Juan for her research assistance in this Judgment.
