On Thursday, November 3, 2022, the Supreme Court of Florida suspended Miami attorney Peter Duff Spindel for alleged misconduct. The case is entitled “The Florida Bar v. Peter Duff Spindel” and was brought by The Florida Bar. Case #SC22-1423.
The charges cited rules of professional conduct Rule 4-1.3, 4-1.4, 4-1.5, 4-1.6 (a), 4-1.8(d) which state:
A lawyer shall act with reasonable diligence and promptness in representing a client.
A lawyer may not withhold information to serve the lawyer’s own interest or convenience or the interests or convenience of another person.
A lawyer must not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee or cost, or a fee generated by employment that was obtained through advertising or solicitation, not in compliance with the Rules Regulating The Florida Bar.
Consent Required to Reveal Information. A lawyer must not reveal information relating to the representation of a client except as stated in subdivisions (b), (c), and (d) unless the client gives informed consent.
Prohibits a lawyer from engaging in conduct that is prejudicial to the administration of justice.
The Rules of Professional Conduct can be found here.
Respondent is currently the subject of two Florida Bar disciplinary matters, Florida Bar File Nos. 2020-70,261(11C) and 2020-70,266(11C).
In 2019, File No. 2020-70,261(11C), the respondent was retained by Ms. de Llorente. However, after the client paid the retainer fee, her attempts to communicate in several attempts with the respondent over the case were unsuccessful.
The filing states:
‘On or about September 17, 2019, the respondent spoke to Ms. de Llorente by telephone, explaining that he had been away in Hong Kong. The two discussed paperwork relevant to the petition at that time. E. The following week, Ms. de Llorente e-mailed the respondent inquiring about the status of her petition. She received no response. F. Over the coming weeks, Ms. de Llorente continued to make efforts to contact the respondent but did not receive a response.
In his response, the respondent explained that he was overseas in Asia at various times during the relevant time period, managing his overseas jewelry business. Respondent advised that civil unrest in Hong Kong in 2019 had sharply limited his ability to communicate abroad. The respondent also accused Ms. de Llorente of attempting to perpetrate criminal tax and bankruptcy fraud by filing a bankruptcy petition. Moreover, without Ms. de Llorente’s authorization, the respondent also submitted unredacted documents containing her financial information to The Florida Bar.’
On September 4, 2019, File No. 2020-70,266(11C), attorney Scott Tepper retained the respondent to represent a client as a creditor in a Bankruptcy proceeding. However, the same issues happened and the attempts to communicate with the respondent failed.
The filing continues:
‘In his response, the respondent explained that he was overseas in Asia at various times during the relevant time period, managing his overseas jewelry business. Respondent advised that civil unrest in Hong Kong in 2019 had sharply limited his ability to communicate abroad’
With the foregoing facts and circumstances, the Supreme Court of Florida suspended the respondent from the practice of Law for thirty days.
The Order states:
‘The conditional guilty plea and consent judgment for discipline are approved and the respondent is suspended from the practice of law for thirty days, effective thirty days from the date of this order so that respondent can close out his practice and protect the interests of existing clients. If the respondent notifies this Court in writing that he is no longer practicing and does not need the thirty days to protect existing clients, this Court will enter an order making the suspension effective immediately. Respondent shall.’
The respondent attended the University of Miami, graduating in 1989. Spindel practices in Miami, Florida. He has been licensed in Florida. His info can be found at martindale.com.
A copy of the original filing can be found here.
