For attorneys, the duty of diligence isn’t just a professional courtesy—it’s a fundamental obligation. When a lawyer’s lack of action harms a client, the consequences can be severe, as shown in the disciplinary case of David H. Stoller, an Orlando immigration attorney. His “pattern of lack of diligence” ultimately led to a public reprimand from the Florida Supreme Court, a lasting black mark on his professional record.
What Went Wrong: A Pattern of Neglect
The disciplinary proceedings against Stoller were initiated by The Florida Bar, the organization that regulates the state’s legal professionals. The Bar’s complaint detailed a series of failures that demonstrated a clear pattern of professional misconduct:
- Negligence and Lack of Diligence: Stoller was found to have failed to act with the reasonable diligence and promptness required to represent his clients’ interests.
- Disregard for Court Orders: He was cited for not following court orders and local rules, a basic requirement for any attorney.
- Client Harm: As a direct result of his neglect, at least one of his clients’ cases was dismissed, causing significant harm.
- Formal Warnings: His continued failures led to multiple “orders to show cause” from the court, demanding he explain why he should not be sanctioned for his behavior.
The referee in the case, who oversaw the proceedings, concluded that Stoller had violated several Rules Regulating The Florida Bar, including rules concerning competence and diligence.
The Consequences: More Than Just a Slap on the Wrist
While a public reprimand might sound minor compared to a suspension or disbarment, it is a significant form of professional punishment. It is a formal, public statement of disapproval from the Florida Supreme Court. This reprimand becomes a permanent part of an attorney’s public disciplinary record, which is accessible to anyone. This can affect a lawyer’s reputation, client trust, and ability to attract new business.
In addition to the public reprimand, the court imposed a number of corrective and remedial actions on Stoller to address his professional failings:
- Mandatory Ethics School: He was required to attend Ethics School in person to reinforce his understanding of professional conduct.
- Office Procedures Review: He must undergo an analysis of his office procedures and record-keeping by The Florida Bar. This step is designed to help attorneys who have demonstrated a lack of organization to improve their professional practices.
- Financial Penalty: He was ordered to pay thousands of dollars in costs to The Florida Bar to cover the expenses of the disciplinary investigation.
This case is a crucial reminder that a lawyer’s duty to their client is not something to be taken lightly. The judicial system depends on attorneys to act with competence and diligence. For any potential client, this case highlights why it’s so important to research an attorney’s disciplinary history and choose a professional who is committed to these core principles.