A Florida lawyer has been suspended after
sending a string of disparaging emails and text messages to
the treasurer of a condo association.
In its June 22 order, the Florida Supreme Court suspended
Fort Lauderdale lawyer James M. Potts Sr. of the Potts
Legacy Law Group in Florida for 60 days and placed him on
probation for two years.
The court-appointed referee had recommended probation and a
public reprimand, but the court said the referee’s “report
with respect to not finding pattern of misconduct and
multiple offenses as aggravating factors” was disapproved.
According to the referee’s report, Potts thought Ruben
Vicente, treasurer of the Heritage Condominium Association,
would harm his clients by canceling the homeowners’ election
at the condominium. He began sending Vicente emails in May
2017, including one encouraging him to retain an attorney
and informing him that he couldn’t “hide from law
enforcement.”
“You can’t hide from the state attorney looking for you when
you are in contempt of court, and you especially can’t hide
from me,” Potts also said in the email, according to the
referee’s report. “You will never see me coming and won’t
know what hit you when you realize what you’ve brought upon
yourself.”
According to the referee’s report, Potts also told the
treasurer to “take some time this weekend to commune with
the Lord, because you will need all the help you can get.”
A few days later, after Potts sent text messages to Vicente
urging him to resign, Vicente told Potts that his “behavior
is unauthorized” and to stop contacting him, the referee’s
report said.
Potts responded with another email, writing that he had “the
state of Florida on my side preparing to throw down” and “if
you are innocent like you say, why not come to the parking
area at 2 so we can discuss this like real adults.”
The referee pointed out that the homeowners’ election was
scheduled for 2 p.m. in the parking area cited in Potts’
email. Potts had claimed that his statement was not a
physical threat, as Vicente interpreted it and as the
Florida Bar described it in its initial complaint, according
to Law.com.
Kevin Tynan, a partner at Richardson & Tynan in Tamarac,
Florida, who represented Potts, told Law.com that the
statement was a matter of interpretation.
“This is really a nasty-comment case,” Tynan told Law.com.
“My guy was just over the top with his communications.”