Miami attorney suspended over inappropriate communication with opposing counsel's client

By Karen Kidd | Nov 2, 2018

TALLAHASSEE — Miami attorney John H. Faro has been suspended following a Sept. 28 Florida Supreme Court order over allegations stemming from a legal malpractice lawsuit against him and his firm, according to a recent announcement by The Florida Bar.

"Faro communicated with a person represented by counsel and engaged in conduct prejudicial to the administration of justice," the state bar said in its Oct. 31 announcement of the discipline and the Supreme Court's order.

In its two-page order, the high court approved the referee's recommendation pertaining to Faro's alleged guilt but rejected recommendation for at 10-day suspension. Instead, the high court handed down a 90-day suspension and ordered Faro to pay almost $1,590 in costs.

Faro'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, according to the high court's order.

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 Faro's suspension.

Faro was admitted to the bar in Florida on Jan. 21, 1986, according to his profile at the state bar website.

Allegations against Faro stem from his representation of a California technologies company and its parent company in prosecution of a patent application for a micro-current electrotherapy device beginning in December 2002, according to the referee's report. The company filed a legal malpractice lawsuit against Faro and his law firm in October 2013.

The following year, as the case moved forward, Faro allegedly used a response to a bar complaint as a pretext to discuss the malpractice case with a client represented by opposing counsel. Faro "crossed the ethical divide" when he used that response "to seek leverage in the malpractice suit, as well as disparage her attorney," the referee's report said.

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