Three Florida Lawyers Set Up Opposing Attorney for a DUI


Three Tampa lawyers are facing professional misconduct charges of setting up a rival attorney, Phil Campbell, for a DUI arrest two years ago while the lawyers were representing adversaries in a slander lawsuit.  The three attorneys, Stephen Diaco, Robert Adams, and Adam Filthaut, were
trying to get Campbell removed as their opposing attorney on the Bubba-Schnitt trial.

Photo Source: Court Chatter
Diaco's paralegal, Melissa Personius, saw Campbell at a bar and started to flirt with him. She begged him to buy her drinks and then asked him to move her car. When she did, Filthaut called a police sergeant friend, who immediately arrested Campbell for DUI.

After his arrest, Campbell realized he had left his briefcase in Personius' care; he then discovered she worked for his rival's firm and that he was set up. The charges against Campbell were quickly dropped. Campbell reported the misconduct to the rival law firm to the Florida Bar Association, and the three face possible disbarment.

An administrative hearing has been set concerning whether the three attorneys violated Florida's ethical rules. The Florida State Bar Association reached a tentative agreement with the three: Diaco would lose his license to practice law, while Adams and Filthaut would receive 90 day suspension of their licenses. The administrative judge denied the plea agreement, finding the conduct too severe for such a light penalty.

If the three are found to have violated Florida's ethical rules, the judge will set a separate hearing to determine what punishment follows.

Comments from Allen:

Once it became clear that one of the attorneys was working in conjunction with the arresting police officer, since the officer was standing by waiting for a call from the lawyer to stop the car Campbell was driving, the DUI case was crippled on the basis that Campbell had been entrapped into committing criminal conduct.  The state probably dismissed the case on the basis of "the interests of justice" (it would not be fair to convict under these circumstances) and Campbell had been tricked into committing criminal conduct by someone working with the police, the "entrapment" defense.

Diaco Photo Source: Court Chatter
Concerning the disciplinary action against Diaco, Adams and Filthaut: Diaco was directly involved with the setup. Adams was one of his partners who apparently knew what was going on, and did nothing to stop it.  Filthaut was not a partner, but he used his friendship with a police officer to make the arrest happen; therefore, he was directly responsible as well.

A lawyer's professional, and sometimes personal, conduct is governed by the Rules of Professional Conduct.  Each state has its own version of these rules, and most, including Idaho, closely follow the rules set forth by the American Bar Association. Lawyers' conduct toward each other is expressly governed by these rules.

Under the rule governing "Respect for Rights of Third Persons,"a lawyer may not "participate in presenting criminal charges solely to obtain advantage in a civil matter."  Clearly, setting up someone to get a DUI charge to gain an advantage in a civil case against that person violates this rule.  Using a law firm employee to do the same is a violation of the rule. Additionally, a law partner violates the Rules of Professional Conduct if he finds out about the plot prior to the time it happens and fails to attempt to stop it.

I expect all three to be disbarred.  The question is:  How long will they be disbarred.  The judge was right in stating that a 90 day suspension was too light.  Don't be surprised if they all lose their licenses for 1-5 years.

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.


Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.

Sources for more information:

http://www.abcactionnews.com/news/hillsborough-regional-news/hearing-to-discuss-trial-date-in-case-involving-tampa-bay-area-shock-jocks-attorneys

http://www.courtchatter.com/#!Drama-but-few-answers-so-far-in-lawyer-DUI-setup-trial/c1oiw/555178780cf2adc1ad274133

http://www.tampabay.com/news/courts/raucous-trial-over-dui-setup-resumes/2230416

Comments

Post a Comment

Popular posts from this blog

7 Things Lawyers Can't Tell Jurors

Image
 It is a trial lawyer's job to educate jurors, and tell them what they need to know in order to decide cases. Despite this, there are many things, true things, that lawyers are not allowed to tell jurors directly in statements to the jury or indirectly through testimony of their witnesses. Lawyers know these things, though, and I thought you might like to know some of things. #1. A lawyer can't tell the jurors anything that happened during settlement negotiations. He cannot let the jurors know, when asking them to make the defendant pay his client $100,000 that the defendant agreed to pay him $80,000 prior to the trial. The reason for this is that you want settlement negotiations to be very open. You don't want to damage a negotiation session because someone is afraid that what they say will get repeated to a jury if you don't strike a deal. #2 In Idaho, a lawyer can't tell the jurors that the defendant has insurance. In many other states, he can. Bec
Read more

Man Framed by Prosecutor Released After 29 Years in Prison Seeking Lawsuit

Image
19 year old, Charise Kamps, was found raped and strangled to death in her apartment in June 1980. Ralph Armstrong told the police that both of them were at the apartment alone doing cocaine before leaving to go see friends around 9:30 pm. Police said that they learned that Armstrong owed Kamp's boyfriend $400 and witnesses saw Armstrong handing Kamps money that night. However, the money was not found in the apartment, and Armstrong deposited $315 in his bank the next day.The defense argued that he got the money from his brother. One of the neighbors saw a lean, muscular man about 5 feet 5 inches tall with long, dark hair drive up to the apartment. Before the identification process, the police had the witness hypnotized. He was shown a photograph of Armstrong, and After being hypnotized, the witness changed the height of the man he saw. Later at a lineup to have the witness select the man he saw, he chose Armstrong. The other people in the lineup were police officers in wigs
Read more

Tuesday Tip: Reid Interrogation Technique

Image
Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes guilty suspects can be identified from certain behavioral cues. It is said to be proven as highly effective at getting confessions; however, there has been criticism about it for many years because it has been linked to many wrongful convictions.  Around 25 percent of post conviction DNA exonerations have been associated with a false confession from authorities using the Reid Technique. Even one of the first cases in which John Reid used this technique turned out to be a false confession. More and more scientists and scholars are saying this approach is based on outdated psychology. There are several components incorporated in this technique, including room design and how the investigator conducts the interview. There are three spatial zones the investigators use, which can be seen in
Read more