Florida Bar to Suspend Felony Lawyers
According to a recent report, The Florida Bar plans to file petitions for the interim suspension of every attorney in Florida who is facing felony charges, regardless of the nature of the offense, based on comments from Miami attorney Brian Tannebaum. He stated that the Bar “has always been very careful, limited in their filings for interim suspensions on felonies. … Now, they’re gonna file on every lawyer who is pending a felony, no matter what.”
The new strategy stems from recently adopted rule changes by the Florida Supreme Court. Under the amended Rule 3-5.3 (Interim Suspension) of the Rules Regulating the Florida Bar, the Bar may petition the Court for a suspension when a lawyer is charged by indictment or information with a felony that “reflects adversely on the lawyer’s fitness to practice law.”
Specifically:
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The petition must attach the charging documents.
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The Court may issue an order to show cause, and the lawyer has an opportunity to respond.
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A lawyer may move to dissolve the suspension only if the criminal charges change or are disposed of.
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On acquittal, dismissal or reduction to misdemeanor, the lawyer may seek expungement of the interim suspension.
According to the article, attorney Tannebaum says the Bar intends to apply this new rule broadly and immediately, essentially treating the mere pending felony charge as sufficient trigger for interim suspension. The move has generated concern among private-practicing attorneys who argue that the presumption of innocence and due-process protections for members of the Bar may be undermined.
The procedural shift signals a more aggressive posture by the Florida Bar toward criminally-charged lawyers — moving from selective filings to a near-automatic approach. Observers suggest that while the rule is active, the Bar’s next step will be operationalizing it at scale — identifying all lawyers with pending felony indictments or information and preparing suspension-petitions en masse. The article notes the change may lead to increased disciplinary filings, more suspended attorneys pre-trial, and potential litigation challenging the threshold and fairness of such suspensions.
🧭 Why it matters
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It alters the landscape of lawyer discipline in Florida by expanding the grounds for suspension to pending felony charges, not only convictions.
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Raises due-process concerns: lawyers may face suspension based on charges not yet adjudicated.
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Impacts many attorneys, especially those in high-risk practices, making criminal exposure a more immediate professional threat.
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May influence recruitment and retention of lawyers in Florida: heightened risk of pre-trial suspension could deter entry into certain fields.
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Sets a precedent for other state bars: if Florida’s broad approach succeeds, other jurisdictions may follow suit, reshaping national norms for lawyer discipline.
⚖️ Key Legal Outcomes
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Florida’s Supreme Court adopted amended Rule 3-5.3 permitting interim suspension for attorneys charged with felonies that “reflect adversely on fitness to practice.”
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The rule allows the Bar to file a petition immediately upon indictment or information, not requiring conviction.
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The lawyer can only move to dissolve the suspension if the criminal charges change or are resolved.
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The Bar signals it will file suspensions broadly — “every lawyer who is pending a felony, no matter what.”
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The adoption and invocation of the rule may prompt constitutional and procedural challenges regarding presumption of innocence and rights to practice.
