TALLAHASSEE— Tampa attorney Herbert Walter Fiss Jr. faces suspension following a March 12 Florida Supreme Court order over unprofessional behavior, an inappropriate $1.5 million loan and other allegations, according to a recent announcement by The Florida Bar.
"Fiss engaged in unprofessional behavior toward opposing counsel, witnesses and his client while representing the client in a probate adversary matter," the state bar said in its March 19 announcement of the discipline and the Supreme Court's order.
Other allegations included billing and collecting fees from a client in a way that violated the state bar's trust account rules, according to the announcement.
"Further, while representing his client in the probate matter, Fiss engaged in a conflict of interest when he asked for, and received, two loans from his client, totaling $1,550,000," the announcement said.
In its two-page order, the Supreme Court approved the uncontested referee's report filed in the matter before suspending Fiss for three years and ordered him to pay almost $9,295 in costs.
Fiss' 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 Fiss' suspension.
Fiss was admitted to the bar in Florida on Oct. 4, 1991, according to his profile at the state bar website.
Fiss was alleged to have violated professional conduct rules, including those regarding fees and costs, conflicts of Interest, safekeeping property, meritorious claims and contentions, Expediting Litigation and candor toward a tribunal.
In a previous discipline, Fiss was admonished following a July 2016 Supreme Court order over allegations stemming from the 2008 purchase of a Mercedes vehicle from a client he was representing in a divorce case, according to the referee's report.
In that matter, Fiss' mother-in-law provided the funds for Fiss' wife to purchase the vehicle from the client. Fiss allegedly did not advise the client in writing to seek independent legal counsel and he prepared the paperwork misrepresenting the purchase price to significantly reduce sales tax.
Fiss also was alleged to have directed his client to sign the certificate of title under penalty of perjury, according to the referee's report.