Legal Ethics

Plea deal rejected for 3 partners in claimed DUI set-up of opposing trial counsel

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A Florida Bar referee has rejected a plea deal for three Adams & Diaco partners accused of playing a role in arranging for opposing counsel to be arrested for drunken driving during a hard-fought, high-profile defamation trial.

W. Douglas Baird did not object to the proposed punishment for one partner, who agreed to give up his law license to resolve the legal ethics case. But proposed 91-day license suspensions for the other two partners, “when compared to the conduct alleged, are disproportionate and unacceptable,” if indeed the conduct occurred, Baird ruled Thursday. He rejected the proposed punishment for all three partners because the plea deal was on an all-or-nothing basis, reports the Tampa Tribune.

A driving-under-the-influence case was dropped against the arrested lawyer, C. Philip Campbell, and a FBI investigation of a possible violation of his civil rights is ongoing. A paralegal working for Adams & Diaco allegedly persuaded Campbell to drink and drive without revealing to him that she was employed by his opposing counsel in the trial. Meanwhile, calls and texts reportedly were being exchanged between the paralegal, her bosses at the firm and a Tampa police sergeant.

The Tribune article doesn’t include any comment from partners Stephen Diaco, 46; Robert Adams, 45; Adam Filthaut, 40; or their ethics-case counsel.

However, attorney John Fitzgibbons, who represents Campbell, did not mince words.

“If I were the disgraced lawyers Diaco, Adams and Filthaut, I would now be very, very worried about any professional future as a lawyer,” Fitzgibbons told the newspaper. “In addition, the Florida Bar needs to stop caving in to the lawyers’ demands for a sweetheart deal, stop the plea bargains and go try this case.”

A trial had been scheduled for next week, but at last report had been postponed due to the plea deal.

Related coverage:

ABAJournal.com: “Partner to give up law license to end state bar probe of opposing counsel’s DUI arrest during trial”

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