FLORIDA BAR v. JACOBS (2021)

STIPULATION AS TO PROBABLE CAUSE, CONDITIONAL GUILTY PLEA, AND CONSENT JUDGEMENT FOR DISCIPLINE

FEB 24, 2021 | REPUBLISHED BY LIT: JUL 30, 2021

COMES NOW, the undersigned respondent, Lisa Jacobs, and files this Stipulation as to Probable Cause, Conditional Guilty Plea, and Consent Judgment for Discipline pursuant to Rule 3-7.9 of the Rules Regulating The Florida Bar.

1. Respondent is, and at all times mentioned herein was, a member of The Florida Bar, subject to the jurisdiction of the Supreme Court of Florida.

2. Respondent was admitted to The Florida Bar on March 22, 1999.

3. Respondent is currently the subject of two grievances files which have been assigned the Florida Bar File Nos. 2018-70,453(11F) and 2018-70455(11F). Respondent waives her right to consideration of this matter by the Grievance Committee as provided by Rule 3-7.3, Rules of Discipline, and hereby stipulates that probable cause for further disciplinary proceedings exists as to these matters.

4. Respondent is acting freely and voluntarily in this matter and tenders this Plea without fear or threat of coercion. Respondent is represented by counsel in this matter.

5. Respondent admits that the following facts are true and accurate and stipulates as follows:

The Florida Bar File No. 2016-70, 580(11F)

A. On or about April 8, 2016, respondent was arrested for driving under the influence, causing or contributing damage to person or property, child endangerment, and leaving the scene of an accident in Broward County, Florida.

B. On or about August 25, 2016, respondent entered a plea of no contest to the charge of reckless driving and adjudication was withheld in Case No. 16012867-MU-10A. The remaining charges were nolle prossed by the Broward County State Attorney’s Office.

C. As part of her plea agreement, respondent was sentenced to probation for one year, fifty hours of community service, DUI school, attendance at an online parenting course, restitution in the amount of $100.00, and was required to make a donation to victim services in the amount of $250.00.

D. On or about May 24, 2017, following a grievance committee recommendation of diversion, respondent entered into a contract with Florida Lawyer’s Assistance (FLA).

E. Since that time, respondent has on a few occasions tested positive for alcohol use which is a violation of the requirements of her FLA contract.

F. To this day, respondent remains under FLA contact and continues to treat with her private therapist.

G. By reason of the foregoing, respondent has violated Rule 3-4.3 (Misconduct and Minor Misconduct) and Rule 4-8.4(b) (Misconduct) (A lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects) of the Rules Regulating The Florida Bar.

The Florida Bar File No. 2020-50, 326(11F)

H. On or about December 15, 2018, respondent was arrested in Broward County, Florida for driving under the influence of alcohol, and refusal to submit to a Blood/Breath test.

I. On or about April 30, 2019, respondent entered a plea of no contest to DUI with property damage/personal injury and refusal to submit to a Blood/Breath Test.

She was adjudicated guilty in Case No. 18035556MU10A.

J. As part of the plea agreement, respondent’s driver’s license was suspended for nine (9) months, in addition to a ten (10) day immobilization of her vehicle, requirement to submit to random breath/urine analysis, 50 hours of community service. A restitution amount was reserved.

K. Respondent failed to notify The Florida Bar within ten (10) days of her adjudication of guilt as is required by R. Regulating Fla Bar 3-7.2(e). It is respondent’s position that she believed the bar had been notified by her previous attorney.

L. Respondent remains under contract with FLA and treats with a private individual therapist.

M. By reason of the foregoing, respondent has violated Rule 3-4.3 (Misconduct and Minor Misconduct); Rule 3-7.2(e) (A member of The Florida Bar must within 10 days of entry of a determination or judgment for any criminal offense … notify the executive director of The Florida Bar of such determination or judgment.) and Rule 4-8.4(b) (Misconduct) (A lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, Trustworthiness, or fitness as a lawyer in other respects) of the Rules Regulating The Florida Bar.

6. The Respondent offers the following apply in mitigation 3.3(b)(1) absence of a prior disciplinary record; 3.2(b)(3) personal or emotional problems; and 3.3(b)(12) remorse.

In addition, respondent continues to be proactive in her treatment plan both through FLA and with her private therapist.

7. Pursuant to Rule 3-7.9(a) of the Rules Regulating The Florida Bar, respondent hereby tenders a consent judgment for discipline wherein respondent agrees to the following discipline:

A. Thirty (30) days suspension.

B. Payment of the bar’s disciplinary costs.

C. Respondent will continue to participate actively in the program offered by FLA. by complying with her existing rehabilitation contract with FLA.

Said contract shall be extended for one additional year and shall run through August 2023.

D. Additionally, respondent agrees to be placed on probation for the duration of her rehabilitation contract.

E. Respondent will pay a probation monitoring fee of $100.00 per month directly to FLA.

The Florida Bar will monitor respondent’s compliance with her FLA. rehabilitation contract, including payment of the monthly monitoring fees.

Should respondent fail to pay FLA., respondent’s failure to pay will be reported to The Florida Bar.

Such nonpayment will be viewed as noncompliance with the contract and may result in further proceedings, up to and including contempt for failure to pay the monthly monitoring fees.

F. Respondent shall continue to participate in individual therapy and the frequency of those individual therapy sessions is to be determined by respondent’s therapist, in conjunction with FLA.

G. Respondent will have her therapist submit quarterly reports to The Florida Bar during the probationary period. The quarters are March 31, June 30, September 30, and December 31.

The reports shall confirm respondent’s attendance at counseling and inform The Florida Bar of respondent’s continuing ability to engage in the active practice of law. Respondent is responsible for the submission of the quarterly statements to The Florida Bar.

8. Respondent acknowledges that, unless waived or modified by the Court on motion of respondent, the court order will contain a provision that prohibits respondent from accepting new business from the date of the order or opinion and shall provide that the suspension is effective 30 days from the date of the order or opinion so that respondent may close out the practice of law and protect the interest of existing clients.

9. Respondent agrees that in the event that this Stipulation for Probable Cause, Conditional Guilty Plea, and Consent Judgment for Discipline is not approved by the Board of Governors of The Florida Bar, their designee, or The Florida Supreme Court, this consent judgment will be null and void and this matter will proceed pursuant to the Rules Regulating The Florida Bar.

10. Respondent agrees to eliminate all indicia of respondent’s status as an attorney on social media, telephone listings, stationery, checks, business cards office signs or any other indicia of respondent’s status as an attorney, whatsoever.
Respondent will no longer hold herself out as a licensed attorney.

11. If this plea is approved, then respondent agrees to pay all reasonable costs associated with this case pursuant to Rule 3-7.6(q) in the amount of $1,250.

These costs are due within 30 days of the court order.

espondent agrees that if the costs are not paid within 30 days of this court’s order becoming final, respondent shall pay interest on any unpaid costs at the statutory rate.

Respondent further agrees not to attempt to discharge the obligation for payment of the Bar’s costs in any future proceedings, including but not limited to, a petition for bankruptcy.

Respondent shall be deemed delinquent and ineligible to practice law pursuant to Rule 1-3.6 if the cost judgment is not satisfied within 30 days of the final court order, unless deferred by the Board of Governors of The Florida Bar.

12. Respondent acknowledges the obligation to pay the costs of this proceeding and that payment is evidence of strict compliance with the conditions of any disciplinary order or agreement, and is also evidence of good faith and fiscal responsibility.

Respondent understands that failure to pay the costs of this proceeding or restitution will reflect adversely on any other bar disciplinary matter in which respondent is involved.

13. This Stipulation as to Probable Cause, Conditional Guilty Plea and Consent Judgment for Discipline fully complies with all requirements of the Rules Regulating The Florida Bar.

Miami-Dade Prosecutor Resigns Following DUI Arrest

APR 14, 2016| REPUBLISHED BY LIT: JUL 30, 2021

MIAMI (CBSMiami) — An assistant state attorney has announced her resignation after she was arrested last week for allegedly driving drunk and leaving the scene of an accident.

Police said Lisa Jacobs, 51, also had her two children in the car, ages 14 and 10, during the accident on I-95 near the Hallandale Beach Blvd exit.

Following the crash, Jacobs attempted to leave the scene and had breath that smelled of alcohol, according to the arrest report.

Jacobs had spent 18 years as a prosecutor with the Miami-Dade State Attorney’s Office.

“Your office has provided me with the most rewarding career I could have ever imagined,” Jacobs said in her resignation letter. “My heart will always be with the Miami-Dade State Attorney’s Office.”

Along with a charge for DUI, Jacobs faces two counts of child neglect.

New post: Florida State Prosecutor Has Intimate Sexual Relationship With Victim of Domestic Abuse https://t.co/bAXufcQH6V

— LawsInTexas (@lawsintexasusa) July 30, 2021

Video Gives Glimpse Of Prosecutor Accused Of DUI With Children In Car

SEP 21, 2016 | REPUBLISHED BY LIT: JUL 30, 2021

MIAMI (CBSMiami) — For the first time we are seeing and hearing what happened along the highway when a Miami-Dade prosecutor was stopped for suspicion of drunk driving while her kids were in the car

CBS4 News obtained the Florida Highway Patrol (FHP) dashcam video from April 8, 2016, when Lisa Jacobs was arrested in Hallandale Beach.

On the dashcam video, Jacobs tells a trooper, “of course I’m gonna let you do your job. I’ve been doing this for 18 years” a reference to her time with the State Attorney’s Office.

But the stop unravels quickly once troopers handcuff Jacobs to take her to the Broward jail.

Jacobs starts screaming that her arm is hurting because she had surgery the prior November.

FHP says a witness saw her waving her arm freely before the arrest.

Once in the cruiser, Jacobs is seen calmed down and sarcastically mutters to the trooper “I’m happy. It’s great. You guys are awesome.” She then talks out loud about her kids who were picked up by a relative.

“What was the first thing these officers did? They just left my poor children by the side of the road,” she is heard saying.

In August, Jacobs pleaded no contest to the charges .She will be on probation for a year and has been ordered to take a parenting course.

Her feelings about the ordeal were summed up while going to the jail five months ago.

“All for nothing. This is great,” she is heard telling the trooper.