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"Pants on Fire" Lawyer Suspended by Florida Supreme Court

Accepted submission by takyon at 2019-12-28 23:08:40
Career & Education

[HOLD for slow moment on 12/31]

A Miami lawyer's pants caught on fire during an arson trial. He's about to be suspended [miamiherald.com]

The Florida Supreme Court wants to suspend the Miami lawyer who drew worldwide notoriety after his pants burst into flames during an arson trial.

[...] In March 2017, Gutierrez was representing a Miami man accused of torching his own car for insurance money. In a story first reported by the Miami Herald [miamiherald.com], Gutierrez was arguing to jurors that the blaze might have been caused by spontaneous combustion when flames and smoke began billowing from his pants.

[...] Prosecutors launched a criminal investigation. In a memo on the case, Assistant State Attorney Michael Filteau said "it seems obvious" the fire was a "a stunt or demonstration ... meant to illustrate the feasibility of his spontaneous combustion theory of defense."

But under Florida law, prosecutors said they could not prove Gutierrez acted with "criminal intent" — such a demonstration, while misleading and unethical, could technically be legal.

The Florida Bar too launched a probe. The investigation found that Gutierrez, after the guilty verdict, filed a bogus insurance claim with GEICO, which had insured the car. For his handling of the case, a referee ruled that Gutierrez should be found guilty of ethical breaches involving dishonesty and sham claims. He pleaded guilty to the violations.

Stephen Gutierrez was suspended on November 14:

Administrative Order 2019-89 Order of Suspension of Attorney Stephen Gutierrez Florida Bar 117515 [uscourts.gov]

Previously: Lawyer's Pants Catch on Fire During Arson Trial [soylentnews.org]


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