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Florida Bar News Article

Florida Bar News Article

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Published by Foreclosure Fraud
4closurefraud.org
4closurefraud.org

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Categories:Types, Research, Law
Published by: Foreclosure Fraud on Nov 28, 2011
Copyright:Attribution Non-commercial

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09/22/2014

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Free
Bar
foreclosure
CLE
ready
fordownloadhttp.//www.flo
ridabar.or
g/DNCOMI
JN/J
N
News0l.nsflArticles...
The
Florida
Bar
www.flo ridabar.o
rg
Sea
rch:
The Florida
Bar News
Advertising
Rates.
Classifieds
r
Attorneys
Exchange
r
Archir,ies.
Subscribe
"
Jaurnal
February
\
zOtL
Eg
News
HOME
Free
Bar
foreclosure
CLE
ready
for
download
"Foreclosure Litigation
in
Florida," The Florida
Bar's
foreclosure
plaintiff
educationprogram,is
now
available
to all
Bar
members
at
nocharge
throughlhe_rlAiidaEZr-2417
A_nlite_Q!.q_eatqj9g
as an
online
or
downloadableprogram.
Terry
Hill,
director
of
the
Bar's
Programs
Division,
said
thefour-hour
program
includes
an overview
of
foreclosure
filings in
Florida,
the
players
and
the
process,managed
mediation
in
Florida, verifiedcomplaints,
securitization,
pitfalls
to
avoid, and rules of
civil
procedure.The
topics
are
presentedby
members
ofthe
judiciary
as
well
as
practitioners,including12th CircuitChief
JudgeLee
Haworth, 19th Circuit
Judge
BurtonConner,
Boca Raton
attorney
MargeryGolant, and
Bar
EthicsCounsel
ElizabethTarbert.
The
program
is
available at
ilg.Jid_Abaf--o_rj.
As
part
of
the
ethics segment
of
the
presentation,
Tarbert
discussed
the
issue
ofwhat
to
do
when
false
affidavits
have
been
filed
in foreclosure
cases.
Tarbert
said
the
ProfessionalEthics
Committee
has
opined
that
an
attorney
has
an
affirmative
obligation,under
Rule
4-3.3
of
the
Rules Regulating
TheFlorida Bar,
to notify the
court of apotentialfraud whenthe
attorney
knows
that
a
client
has
deliberately
lied
at
a
deposition. That
also
applies if
the attorney
receives
information
that
clearly
establishes
thatthe client
has
perpetrated
a
fraud
on
the
courtby
filing
afalse
affidavit,
such as
when
a
false statement
hasbeenmade
in
the affidavit
or
the affidavit
has
been
improperly
verifiedor
notarized. Then
the attorney's duty tothe
court
supersedes
the attorney's duty
to
the client,
and
the attorney
must reveal
the
fraud
to the
court."An
attorney's
obligation
to
make
disclosures
under
Rule
4-3.3
is
triggeredwhen
the attorney
knows
that
a
client
or
a
witness
forthe client
has made
material falsestatements
to
a
tribunal
and
the client
or
witness
refuses
to
rectifythefraud,"
according
to Tarbert.
Tarbert
said
if
an
attorney
knows
that any material
false representations have
beenmadeon
the
record
by
a
client to
any
court
or
tribunal, thenthe attorney
mustfollow
the
instructions in
the
Comment
to
Rule
4-3.3
and ask
the client to
correct these falsestatements
on
the
record.
If
the client will
consent
to
theappropriate
disclosure
to the court, then theattorney
may
do so. The
disclosure
needs
to
be made
to
thecourt
that theaffidavit
was
improperly
verified
andnotarized
or
otherwise
false.
With
regard
to the
cases
that
havealready
been closed and
judgment
has
already
been
entered,
the
dutiesand obligationsunder
Rule
4-3.3
continue
beyond
the
conclusion
of
the
proceeding,
Tarbertsaid.
She
stated
that
disclosure
to the
court
needs
to
occur
in
cases
involving
closed
cases
as
well
as
pending
ones,
noting
the attorney
would have
to
discuss
this with the client
and
obtain
consent.
Tarbert
said
whether
the
case
is
currently
pending
or
already
closed,
ifthe client
refuses
to
give
consent
to
disclose,
then the attorney
must makethese disclosures,preferably
in
an
in
cameraproceeding
if
possible,
1,of2
1.1./I4/20tL
2:34
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