Scott Tully Kalisch, a member of The Florida Bar, is facing disciplinary action due to his alleged misconduct in a criminal matter in the United States District Court for the Southern District of Florida. The Florida Bar filed a complaint against Kalisch on September 13, 2023, alleging that he violated several rules of professional conduct, including confidentiality of information, misconduct, fairness to the opposing party and counsel, lawyer as a witness, and conflict of interest.
The case is entitled “The Florida Bar v. Scott Tully Kalisch,” with case number 2023-10,580 (13C)
The complaint stems from Kalisch’s representation of a defendant in a criminal case, in which he disclosed four items of discovery to a third party who was under a protective order. The third party was a former client of Kalisch’s, who he represented in a prior criminal case. Kalisch contacted him in connection with the current matter and provided him with photos of protected discovery documents. The former client was a sealed defendant who had not yet been captured, and when the government arrested him, it discovered messages relating to tampering with witnesses and messages and phone calls with Kalisch.
The Ad Hoc Committee on Attorney Admission, Peer Review, and Attorney Grievance for the United States District Court, Southern District of Florida initially recommended that Kalisch be disbarred from practice in the Southern District. However, Kalisch requested an extension of time to respond to the initial report and recommendation, which was granted. The committee subsequently questioned Kalisch again and entered its February 24, 2023, Final Report and Recommendation, recommending that Kalisch be suspended for 60 days and complete 100 hours of pro bono legal services within one year of the date of the order.
The Final Report and Recommendation found that Kalisch’s actions fell well below the standard of practice that is mandated for lawyers representing criminal defendants in federal court. The committee also found that Kalisch’s conduct implicated several rules of professional conduct, including Rule 4-1.6, Confidentiality of Information; Rule 4-8.4, Misconduct; Rule 4-3.4, Fairness to Opposing Party and Counsel; Rule 4-3.7, Lawyer as Witness; and Rule 4-1.7, Conflict of Interest. By operation of Rule 3-4.6, Rules Regulating The Florida Bar, the Final Report and Recommendation, and the Order on Final Report and Recommendation from the United States District Court Southern District of Florida shall be considered as conclusive proof of such misconduct in this disciplinary proceeding.
The Florida Bar is seeking appropriate discipline for Kalisch in accordance with the provisions of the Rules Regulating The Florida Bar as amended.
According to avvo.com, Mr. Kalisch is an attorney in Tampa, Florida. He attended the University of Puerto Rico School of Law, graduating in 1972. He acquired his law license in Florida in 1983.
A copy of the original filing can be found here.
