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. I presume the specific rule

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.

As the facts came out, the police dropped the DUI case against Campbell, , and officials launched a federal civil rights investigation of the incident along with the legal ethics complaint against the three lawyers.  (At last report, the civil rights probe was still ongoing.) Sgt. Fernandez lost his job over his involvement in the scheme.

“This malicious tampering with another person’s personal life and career was not only unprofessional, it was inexcusable,” Judge Baird said in his report. He also noted that the three lawyers were not cooperative during the ethics inquiry, either taking the Fifth in response to questions or claiming that they couldn’t remember what happened. (The judge using the refusal to testify against themselves, which is a right enshrined in the Constitution, against them is a eyebrow-raising move. Not that I don’t agree that this is one of those situations where one could reasonably, just not constitutionally, infer guilt from taking the Fifth, but cases make it clear that the right is meaningless if you are presumed guilty when you use it. The judge also called junior attorney Filthaut’s claim that he was just following his senior attorneys’ orders a “variation of the Nuremberg Defense.”

I agree with the judge’s recommendation, which was even tougher than the Bar’s recommendation that would have allowed all but Diaco to be reinstated after five years. My question is, what about Personius? She couldn’t be punished. Is she still working at the firm? If she wants to become a lawyer, will she be allowed to do so? Should she be?

For the record, here are the Florida Rules of Professional Conduct violations the judge found, which include efforts to hide or destroy evidence—you know, like Hillary’s deleted e-mails. The judge was very thorough. Here’s the full list:

1. Violation: Rule 3-4.3 (Misconduct and Minor Misconduct)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO conspired with Respondents ADAMS and FILTHAUT, employee Melissa Personius, and Sergeant Raymond Fernandez of the Tampa Police Department to improperly effect the arrest of C. Philip Campbell, Esq., and then attempted to cover-up or otherwise destroy evidence of his participation in that conspiracy contrary to honesty and justice.

2. Violation: Rule 4-3.4(a) (unlawfully obstruct another party’s access to evidence or other material)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO deliberately obstructed access to or concealed the trial bag of C. Philip Campbell, Esq.; destroyed and/or concealed his cell phone and/or its contents, which he knew or should have known were relevant to a pending or reasonably foreseeable proceeding; and refused to produce his cell phone or information about his cell phone provider at the January 25, 2013 hearing, which he knew or should have known were relevant to a pending or reasonably foreseeable proceeding.

3. Violation: Rule 4-3.4(g) (present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO conspired with Respondents ADAMS and FILTHAUT, employee Melissa Personius, and Sergeant Raymond Fernandez of the Tampa Police Department to improperly effect the arrest of C. Philip Campbell, Esq., solely to obtain an advantage in an ongoing litigation.

4. Violation: Rule 4-3.S(c) (conduct intended to disrupt a tribunal)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO conspired with Respondents ADAMS and FILTHAUT, employee Melissa Personius, and Sergeant Raymond Fernandez of the Tampa Police Department to improperly effect the arrest of C. Philip Campbell, Esq., with the intent that it disrupt an ongoing civil trial.

5. Violation: Rule 4-3.6(a) (prejudicial extrajudicial statements prohibited)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO made statements to the media on January 24, 2013, regarding: his disagreement with the Court granting a stipulated trial recess; the arrest of C. Philip Campbell, Esq.; and the work ethic and prior history of Mr. Campbell. All statements were made with the knowledge that there was a substantial likelihood of materially prejudicing the ongoing jury trial.

6. Violation: Rule 4-4.4(a) (means that have no substantial purpose other than to embarrass, delay, or burden)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO deliberately failed to immediately return the trial bag of C. Philip Campbell, Esq. or notify him or his firm of the bag’s location in order to delay or burden Mr. Campbell in an ongoing trial.

7. Violation: Rule 4-5.l(c) (Responsibilities of partners, Managers and Supervisory Lawyers)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO deliberately conspired with or otherwise ordered or ratified the conduct of Respondents ADAMS and FILTHAUT regarding their actions taken to improperly effect the arrest of C. Philip Campbell, Esq. and/or failed to take remedial action to avoid or mitigate the foreseeable potential results of those wrongful actions. Further Respondent DIACO ordered or ratified the conduct of associate Brian Motroni in concealing the trial bag of Mr. Campbell. As an attorney with managerial authority, Respondent DIACO was responsible for the conduct of Respondent FILTHAUT and attorney Brian Motroni.

8. Violation: Rule 4-5.3(b) (Responsibilities Regarding Nonlawyer Assistants)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO conspired with, ordered and/or ratified the conduct of his nonlawyer employee, Melissa Personius, to improperly effect the arrest of C. Philip Campbell, Esq. and conceal his trial bag; failed to take appropriate remedial action when he knew that the consequences of her conduct could be avoided; and failed to make reasonable efforts to ensure that her conduct was compatible with Respondent’s professional obligations. As an attorney with managerial authority, Respondent DIACO was responsible for the conduct of Melissa Personius.

9. Violation: Rule 4-8.4(a), (c), and (d) (Violating or Promoting Violation of Rules of Professional Conduct; Engaging in conduct involving dishonesty, fraud or deceit; Conduct in connection with the practice of law that is prejudicial to the administration of justice)
The clear and convincing evidence is that STEPHEN CHRISTOPHER DIACO conspired with Respondents ADAMS and FILTHAUT, nonlawyer employee Melissa Personius, and Sergeant Raymond Fernandez of the Tampa Police Department to improperly effect the arrest of C. Philip Campbell, Esq., and covered up or otherwise destroyed evidence of his participation in that conspiracy. Respondent DIACO further engaged in fraudulent, dishonest, or deceitful conduct by lying to Judge Arnold on January 25, 2013, regarding his knowledge of his cell phone provider and his recollection of discussions or communications with Melissa Personius and Respondent FILTHAUT on the evening of January 23, 2013. He further engaged in misleading and deceitful conduct by making public statements to the news media that were intended to embarrass and humiliate opposing counsel in regard to his arrest for DUI on the previous evening without disclosing his own active role in those events or the role played by the other Respondents, his employee Melissa Personius, and that of Sergeant Raymond Femandez. In addition, this conduct delayed the ongoing litigation and required Judge Arnold to interview the jurors regarding this trial publicity.

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Pointer and Facts: ABA Journal 1, 2, 3