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THE FLORIDA BAR, Complainant(s) v. KRISTINE W. VALENTINE-MILLER, Respondent(s).

The Petition for Emergency Suspension filed pursuant to Rule 3-5.2 of the Rules Regulating The Florida Bar is approved and it is hereby ordered that the respondent is suspended from the practice of law until further order of this Court, and respondent is ordered:

a. To accept no new clients from the date of this Court's order and to cease representing any clients after thirty (30) days of this Court's order. In addition, respondent shall cease acting as personal representative for any estate, as guardian for any ward, and as trustee for any trust and will seek to withdraw from said representation within thirty (30) days of this Court's order and shall immediately turn over to any successor the complete financial records of any estate, guardianship or trust upon the successor's appointment.

b. To immediately furnish a copy of respondent's suspension order to all clients, opposing counsel and courts before which she is counsel of record as required by Rule 3-5.1(g) of the Rules of Discipline of The Florida Bar and to furnish Staff Counsel of The Florida Bar with the requisite affidavit listing all clients, opposing counsel and courts so informed within thirty (30) days of this Court's order.

c. To refrain from disbursing or withdrawing any monies from any trust account or other financial institution account related to her law practice until further order of this Court unless respondent first notifies Chief Branch Discipline Counsel of The Florida Bar of her intention to withdraw funds and Chief Branch Discipline Counsel approves the withdrawal or order of the circuit court in which an inventory attorney has been appointed pursuant to 1-3.8, R. Regulating Fla. Bar or without approval of the Florida Supreme Court or a referee appointed by the Florida Supreme Court. Additionally, respondent shall not withdraw any money from any financial institution account that contains funds that originated from a probate estate, guardianship estate, or trust for which respondent acted as personal representative, guardian, or trustee since February 25, 2004, until further order of this Court unless respondent first notifies Chief Branch Discipline Counsel of The Florida Bar of her intentions to withdraw funds and Chief Branch Discipline Counsel approves the withdrawal or order of the circuit court in which an inventory attorney has been appointed pursuant to 1-3.8, R. Regulating Fla. Bar or without approval of the Florida Supreme Court or a referee appointed by the Florida Supreme Court.

d. To deposit into a specified trust account all sums received from the practice of law or in connection with respondent's employment as a personal representative, guardian or trustee, whether as fees, costs, deposits, or trust funds, within thirty (30) days of this Court's order and to immediately advise Bar Counsel of the receipt and location of said funds.

e. To immediately notify in writing all banks and financial institutions in which respondent maintains an account related to the practice of law, or related to services rendered as a personal representative of an estate, or related to services rendered as a guardian, or related to services rendered as a trustee, or where respondent maintains an account that contains funds that originated from a probate estate for which she was personal representative, guardianship estate for which she was guardian, or trust for which she was trustee, of the provisions of the provisions of respondent's suspension and to provide said banks and financial institutions with a copy of this Court's order, and furthermore, to provide Bar Counsel with a copy of the notice sent to each financial institution.

f. To refrain from transferring the ownership of any real or personal property purchased in whole or in part with funds properly belonging to clients, probate estates for which she served as personal representative, guardianship estates for which she served as guardian, and trusts for which she served as trustee. Additionally, respondent shall notify Chief Branch Discipline Counsel of The Florida Bar of her intent to transfer ownership of any real or personal property and provide Chief Branch Discipline Counsel with information proving that the property to be transferred was not purchased with funds properly belonging to a client, a probate estate for which she served as personal representative, a guardianship estate for which she served as guardian, or a trust for which she served as a trustee.

g. To promptly return to each client, probate estate, guardianship estate, or trust, upon request, all unearned fees, deposits, expense money, documents, information and other objects or things whatsoever belonging to such client, probate estate, guardianship estate, or trust and, in order to accomplish this, to make herself available at a single, specific business address during normal working hours to receive such requests.

Not final until time expires to file motion for rehearing, and if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this suspension.

PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.

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FLORIDA BAR v. VALENTINE-MILLER
(Jun 19, 2006)