Robert Adams

Three Florida Lawyers Discover How Reporting a Crime Can Be Unethical

/ Jack Marshall / 16 Comments

DUI_setup

How can you get disbarred for reporting a drunk driver? Three Florida lawyers were up to the task.

Stephen Diaco, Robert Adams and Adam Filthaut were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial, and Judge W. Douglas Baird,  the referee in their legal ethics case,  wrote  that Stephen Diaco, Robert Adams and Adam Filthaut should lose their licenses permanently under the legal ethics standards of the Florida Bar.

In 2013, C. Philip Campbell was representing radio shock jock Todd “MJ” Schnitt in his slander suit against another DJ, “Bubba the Love Sponge” Clem. Clem was represented by the Adams and Diaco law firm. Campbell  left court and went to Malio’s Steakhouse in downtown Tampa, near his home and office. While Campbell was at the eatery, he was spotted by Melissa Personius, a young paralegal who worked for Adams and Diaco.

According to testimony, Personius called her boss, Adams, to report that Campbell was in the restaurant. Then Personius sat next to Campbell and the two bought each other drinks. As the night proceeded, Personius periodically relayed information to Adams. Adams then contacted Diaco and Diaco constacted Filthaut to agree upon next steps. The key was that Filthaut was friends with Sgt. Raymond Fernandez, who was then head of the Tampa police DUI unit, thus was able to sic  the DUI unit on the unsuspecting opposing counsel, who was in the process of being plied with liquor by Adams and Diaco’s attractive paralegal.

When it was time to for the targeted lawyer to leave, Campbell told Personius that she was too tipsy to drive and offered to call her a cab. Personius protested that she didn’t want to leave her car at the restaurant overnight and asked Campbell  if he would move the car for her. “Of course,” he said, nice guy that he is. As Campbell drove her vehicle up the street, he made an illegal turn and was pulled over by Fernandez officers, who were lying in wait. He was arrested and charged with DUI. Continue reading →

Ethics Hero and Dunce: A Tale of Two Windfalls

/ Jack Marshall / 24 Comments

 

You can trust Robert Adams. Well, that's ONE....

Stephen Reginald McDow of Laguna Beach, California found an unexpected $110,000 federal tax refund in his bank account. He knew it wasn’t his; he also had to realize it was an error. But what the heck…he took a shot. McDow spent the money on foreclosure debts and  paying off his student and car loans.

He’s been charged with one felony count of theft of lost property, with a sentencing enhancement for taking property over $65,000, and faces a maximum sentence of four years in state prison.

There is a lot of sympathy for McDow; you can see man in the street interviews on cable where people say things like, “Hey, are you kidding me? If I found all that money in my bank account, I’d spend it too! Anyway, it isn’t his fault!” A lot of people apparently think this way, which means they are ethically inert. The issue isn’t who was responsible for the money landing in the wrong account (the rightful recipient of the refund had given the IRS the wrong bank account number), but that someone had lost money that rightfully belonged to her, not McDow, and it became his duty to fix the problem.Instead, he spent it, and crossed his fingers. Continue reading →