TALLAHASSEE — The Florida Supreme Court reprimanded Coral Gables attorney Oscar Santiago Rodriguez on Aug. 23 over a fee charged one of his clients and his disbursements.
"Rodriguez charged his client a nonrefundable fee without confirming it in writing and explaining the nature and amount," the Florida Bar said in an announcement of the Supreme Court's order. "Eventually, the disbursements exceeded the balance of funds deposited by Rodriguez."
In its order, the high court accepted Rodriguez's consent judgment, which included his conditional guilty plea, and reprimanded Rodriguez. The high court also ordered Rodriguez to pay $1,250 in court costs.
Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Rodriguez's reprimand.
Rodriguez was admitted to the bar in Florida on May 22, 1975, according to his profile at the state bar website.
Rodriguez agreed to the publishing of the public reprimand in the Southern Reporter, according to the consent judgment.
Allegations against Rodriguez arose from his counsel to a former client who hired Rodriguez in January 2016 to represent in a potentially federal criminal case, according to the consent judgment. The client feared by might be under federal investigation over interstate marijuana transport.
The client paid Rodriguez "a considerable nonrefundable fee" of $40,000 to begin representation, which would require immediate hiring of a private investigator, interviewing potential witnesses and substantial legal research, the consent judgment said.
After about a month, the client fired Rodriguez and requested part of the fee be returned, which Rodriguez decline because the fund had been nonrefundable.
"However, [Rodriguez] failed to confirm the nonrefundable nature of the fee and explain the intent of the parties as to the nature and amount of the nonrefundable fee at the time the representation began," the consent judgment said.