The Florida Bar v. Miroslaw Thomas Lobasz

Summary

The court approved the referee’s factual findings and determination that Lobasz violated his suspension order by practicing law at an immigration hearing, but rejected the recommended three-year concurrent suspension and imposed disbarment. The court held that the Bar waived its objection to Lobasz’s mental-health testimony, that the referee’s findings concerning his lack of conscious intent were supported by competent, substantial evidence, and that his continued legal assistance after the hearing defeated any claim of strong extenuating circumstances. Justice Pariente, concurring in result, agreed with disbarment but criticized the majority’s treatment of the discovery issue and the Bar’s representations about its objections.