The Florida Bar v. Robert D. Adams; The Florida Bar v. Adam Robert Filthaut

Summary

The Supreme Court of Florida reviewed consolidated attorney-discipline proceedings involving Robert D. Adams and Adam Robert Filthaut. The court approved the referee’s findings of professional misconduct and imposed permanent disbarment based on the respondents’ participation in a scheme to cause the DUI arrest of opposing counsel during a civil trial. The opinion also approved the assessment of disciplinary costs against each respondent.

Holdings

1. The referee was not required to disqualify himself because the grounds alleged by Filthaut were legally insufficient.
2. The referee properly denied partial summary judgment because the complaint and evidence at the final hearing established Filthaut's active participation in a scheme to cause the arrest of opposing counsel during an ongoing trial.
3. Filthaut violated Rule Regulating the Florida Bar 3-4.3 by actively conspiring to cause the improper DUI arrest of opposing counsel and by being subject to permissible adverse inferences concerning erased or destroyed cell-phone communications.
4. The Court approved permanent disbarment for both Adams and Filthaut.

Questions Presented

1. Whether the referee erred by denying Filthaut's motion to disqualify the referee.
2. Whether the referee erred by denying Filthaut's motion for partial summary judgment.
3. Whether the referee improperly relied on facts not in evidence.
4. Whether Filthaut violated Rule Regulating the Florida Bar 3-4.3 through his participation in the scheme to cause Campbell's arrest and the destruction or concealment of evidence.
5. Whether the referee's recommendation of permanent disbarment for Adams and Filthaut had a reasonable basis in existing case law and the Florida Standards for Imposing Lawyer Sanctions.

Disposition

approved