On Thursday, October 17, 2024, the Supreme Court of Florida ordered a one-year suspension for attorney Curtis S. Alva for professional misconduct violations.
The case is entitled “The Florida Bar v. Curtis S. Alva,” with case no. SC2021-1564.
The charges cited Rules Regulating the Florida Bar 3-4.3, 4-1.5(a), 4-8.4(a), and 4-1.4(b).
The Supreme Court reviewed a referee’s report recommending that Alva be found guilty of multiple violations of the Rules Regulating The Florida Bar.
The case stems from Alva’s representation of Dr. ColorChip Corp. and its president Daniel McCool in a legal dispute. In September 2016, Alva’s law firm was retained to represent the clients, with the engagement letter specifying hourly rates of $400 for attorneys and $100 for paralegals, as well as a required $25,000 retainer if the matter progressed to litigation.
For the representation, the clients regularly paid Alva’s invoices promptly. However, issues arose in early 2018 regarding Alva’s December 2017 invoice for $25,040 in fees. When the clients requested to review the invoice, Alva conditioned his response on the clients paying $18,240 towards the bill and threatened to sue them for bad faith and seek $375,000 in damages if they did not comply.
Alva then issued a new invoice, #95, demanding the clients pay $126,650 – retroactively increasing the hourly rates from what was specified in the engagement letter. When the clients paid the original $25,040 December invoice, Alva refused to return the $25,000 retainer, essentially charging the clients twice for the same work.
The clients sued Alva’s firm in civil court, and the court granted summary judgment in their favor, ordering the return of the $25,000 retainer. In the disciplinary proceedings before the Florida Bar, the referee found Alva guilty of violating multiple Bar rules, including misconduct, charging an excessive fee, and attempting to violate professional conduct rules.
The Supreme Court approved the referee’s findings that Alva violated Bar Rules 3-4.3 (Misconduct), 4-1.5(a) (Fees and Costs for Legal Services), and 4-8.4(a) (Violating Rules of Professional Conduct). However, the Court disagreed with the referee’s recommendation that Alva be found guilty of violating Bar Rule 4-1.4(b) (Communication), stating that the rule did not apply in this case.
In determining the appropriate discipline, the Court noted four aggravating factors found by the referee, including a dishonest or selfish motive, refusal to acknowledge wrongful conduct, substantial experience in law, and indifference to making restitution. The Court also recognized three mitigating factors: absence of a prior disciplinary record, full disclosure and cooperative attitude, and good character and reputation.
Ultimately, the Supreme Court approved the referee’s recommendation of a one-year suspension for Alva. The Court emphasized that Alva’s conduct, including demanding an arbitrary and punitive fee and threatening baseless collection actions against his clients, amounted to a “serious flaw” of “basic fundamental dishonesty” that cannot be tolerated by the legal profession.
The Court declined to order Alva to pay $25,000 in restitution, as the Bar conceded this issue was now moot since the $25,000 retainer had been returned to the clients through separate civil litigation.
In conclusion, the Supreme Court’s decision suspended Alva from the practice of law for one year, effective 30 days from filing the opinion.
According to avvo.com, Mr. Alva is a litigation attorney in West Palm Beach, Florida. He attended the Yale Law School, graduating in 1988. He acquired his law license in Florida in 1999.
A copy of the original filing can be found here.
