TALLAHASSEE — The Florida Supreme Court suspended Big Pine Key attorney Lee Robert Rohe on Aug. 2 over allegedly improper subpoenas.
"Rohe served subpoenas for depositions on two out-of-state witnesses without complying with applicable statutes," the Florida Bar said in the Aug. 31 announcement of the high court's order. "Although there was no compulsion for the witnesses to attend, the subpoenas misrepresented that failure to appear could result in contempt of court."
In its order, the high court approved the uncontested referee's report filed in the matter before suspending Rohe for 30 days and ordering him to pay more than $3,900 in court costs. Rohe's suspension was effective 30 days from the date of the court's order to allow him time to close out his practice and protect his existing clients' interests.
Florida court orders are not final until the time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Rohe's suspension
Rohe was admitted to the Bar on April 11, 1979, according to his profile at the state bar website. No prior discipline is listed on Rohe's profile.
Allegations against Rohe stemmed from his representation of a plaintiff in a case originally filed in Monroe County Circuit Court, according to the referee's report. During that case, Rohe served subpoenas on two Michigan residents for them to appear for deposition "even though [Rohe] did not comply with Florida's Uniform Foreign Depositions law, nor with the Michigan Uniform Interstate Depositions and Discovery act," the referee's report said.
"Thus, there was no compulsion for the witnesses to appear."
The witnesses were upset by the subpoenas, though none of them appeared, and one would-be witness filed a complaint with the Florida Bar.