Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Yes, I am ok with that.
Also I need to know if there is a provision in the law to grant an exception to allow the OIR to issue the license based on a financial hardship.
Hello there Don --
I see this situation a bit differently -- it was not up to the OIR and their attorneys to inform your attorney of an upcoming change in the law that would affect your plea deal and suspension -- it really was up to your attorney at the time to be current in all of the laws that would affect your case so that he could advise you appropriately on whether or not to agree to the suspension or to fight the OIR in court at that particular point. My suggestion to you here is to file a complaint with the FLorida department that issues licenses to attorneys - that your attorney was not well schooled in the law around your case and he should have been the one to research those laws and act accordingly. You should also look into a legal malpractice claim against that first attorney (although typically there is a 3 year statute of limitations to sue a lawyer but it is at least worth the time to ask a few attorneys who specialize in legal malpractice claims if they believe that there might be a case there to pursue). I will be very surprised if the appeals court agrees that the OIR committed misrepresentation at the time you entered into the plea arrangement. Additionally, there are no stated limits of time in the law that the OIR has to bring the action against you -- but it is worth a try to claim to the court that they did not act in a timely manner in this case because it was quite a bit of time lag between the reporting and the action they took against you. Finally, I do not know of and have never heard of a financial hardship exception to any professional license suspension because the very reason they suspend the license is to keep you from practicing in your field and to cause you financial hardship --- they do it as punishment. I wish I could offer you some more positive news overall with your case because I do think that what happened here stinks -- but I think your best claim is against the lawyer who represented you initially and it may just be too late to pursue any type of claim against him at this point.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).