Attorney's 'egregious' conduct warrants disbarment, not suspension, Florida Supreme Court says
The Florida Supreme Court has ruled that a Palm Beach County, Florida, attorney should be disbarred over professional misconduct, despite a referee’s recommendation that he only receive a 91-day suspension. (Image from Shutterstock)
The Florida Supreme Court has ruled that a Palm Beach County, Florida, attorney should be disbarred over professional misconduct, despite a referee’s recommendation that he only receive a 91-day suspension.
In its March 13 opinion, the Florida Supreme Court said Malik Leigh, a founding partner of Watson Leigh in Tallahassee, Florida, showed that he did not understand “the most fundamental legal doctrines or procedures.” The state supreme court also said Leigh had “a propensity to flout court rules and orders” despite receiving several warnings.
“While Leigh has no prior disciplinary record and we typically approach discipline incrementally, we have disbarred attorneys with no prior history when the violations are egregious enough,” the Florida Supreme Court said, noting that the Florida Bar filed a six-count complaint against the attorney in April 2023 after receiving multiple judicial referrals from judges who presided in his cases.
Law.com has coverage of the Florida Supreme Court’s decision.
Two of the counts alleged Leigh directed “humiliating, disparaging and threatening social media posts” at the Palm Beach County School District and other opposing parties in three related cases in the U.S. District Court for the Southern District of Florida, the Florida Supreme Court said. Leigh also posted “violent, morbid messages,” including one stating, “After this round if [sic] depos in the next 2 weeks, would love to start a shooting campaign.”
The defense counsel, citing security concerns, asked for a protective order from the federal court, the Florida Supreme Court said. The federal court granted the request and ordered an armed police officer to be present for all remaining depositions. It later suspended Leigh for two years.
Leigh also made false accusations in court filings about an opposing counsel, who he said committed forgery, according to the Florida Supreme Court’s opinion.
The Florida Bar alleged in other counts in the complaint against Leigh that he committed multiple rule violations while handling a toxic tort class action case for residents of Stonybrook Apartments in the 15th Judicial Circuit Court of Florida, the Florida Supreme Court said.
“Leigh was grossly incompetent in trying to initiate the class action lawsuit on behalf of the Stonybrook residents,” according to the Florida Supreme Court’s opinion. “He repeatedly attempted to bring an action by filing a motion for injunctive relief, even after the court denied the motion as improper.”
Leigh was held in contempt and sanctioned for violating numerous court orders, the Florida Supreme Court said. He later falsely accused the presiding circuit court judge of racial bias in an appeal over the contempt order and sanctions.
“We disapprove the referee’s recommended sanction of a 91-day suspension,” the Florida Supreme Court said. “Considering the multitude of offenses and egregious nature of Leigh’s conduct, we find disbarment is the appropriate sanction.”
“In failing to follow court orders and rules, he has displayed contempt for the courts, the parties involved and the legal system as a whole,” the state supreme court added. “Moreover, his repeated actions indicate an unwillingness to learn from his mistakes. We hold that such flagrant misconduct signifies a significant character flaw and merits a severe sanction.”
Leigh told the ABA Journal that the Florida Supreme Court’s decision “was false and part of a broader trend of retaliation.”
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