Legal Ethics

Rothstein Faces New Malpractice Suit; Auction at Replica Law Office Planned


For those who weren’t included in an unusual media tour of Scott Rothstein’s office as his former South Florida law firm was imploding this fall over an alleged $1.2 billion Ponzi scheme: There will be a second chance to see the office more or less as it was at that time.

An auction company that has been hired to sell everything in it plans to market the mementos by creating a replica of Rothstein’s office offsite, reports the Miami Herald.

“We will sell down to his fountain pens, his desk clocks,” says Pompano Beach Mayor Lamar Fisher. He owns the Fisher Auction company that has ben retained to handle the sale early next year.

Meanwhile, at least three lawsuits have been filed contending that Rothstein was involved in bizarre litigation tactics.

Last month a former client filed a legal malpractice suit contending that it had to pay a $3.8 million settlement because of defamatory comments that Rothstein allegedlly made concerning the underlying case while representing the client, according to the Daily Business Review.

And on Friday the Miami Herald reported that another former client filed a malpractice suit against Rothsteinalleging he and his wife were cheated out of tens of millions of dollars while Rothstein falsely claimed to have favorably settled a suit that he brought on their behalf.

A billionaire convicted sex offender has also contended in a Florida state-court civil racketeering suit that Rothstein acted unethically, claiming, among other allegations, that the attorney forged court orders.

Regardless of the facts, suing Rothstein—who has been disbarred by consent and is jailed on federal criminal charges concerning the alleged Ponzi scheme he is accused of operating—is an act of futility, says his lawyer, Marc Nurik.

“All of his assets have been turned over to the government, so at the end of the day, I can’t imagine the utility of anybody suing Scott Rothstein,” Nurik tells the Daily Business Review. “It would be firing a cannon after the atom bomb had been dropped.”

Additional coverage:

ABAJournal.com: “Suits for Unpaid Legal Fees in Top 10 for Stupidity, Lawyer Says”

Miami Herald: “Rothstein implosion could fuel other claims”

Miami Herald: “Prosecutor hints plea deal is possible in Scott Rothstein case”

South Florida Business Journal: “Rothstein ‘bully tactics’ alleged in claim”

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