Cyber Harasment

The Florida Supreme Court suspended a Fort Lauderdale attorney for a pattern of misconduct and multiple offenses, including electronic messages that an "objectively reasonable person" would assume are meant to harass and intimidate.

James M. Potts Sr., of the Potts Legacy Law Group, represented residents of a condominium. His clients alleged the condo association treasurer was misusing the homeowners' association funds and refused to send Potts copies of the association's banking records.

But the attorney is the one in the hot seat after the high court suspended him for 60 days and placed him on probation for two years.

It is a harsher penalty than the court-appointed referee's recommendation of probation and a public reprimanded.

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'Preparing to throw down'

According to the referee's report, around May 6, 2017, Potts started sending condo association treasurer Ruben Vicente a series of unprofessional and disparaging emails. Potts believed Vicente would cancel the homeowners' election at Heritage Condominium, which would be bad for Potts' client, according to court documents.

The attorney told Vicente to retain a lawyer because Vicente was facing "serious exposure to civil liability."

"You can't hide from law enforcement. You can't hide from the state attorney looking for you when you are in contempt of court, and you especially can't hide from me," the referee's report quotes Potts as saying in the email. "You will never see me coming, and won't know what hit you when you realize what you've brought upon yourself."

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Read the Florida Supreme Court order:

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The referee's report stated that Potts told Vicente to "commune with the Lord, because you will need all the help you can get."

More emails followed, then text messages requesting an explanation for the cancellation of the homeowners' election and that urged Vicente to resign, the referee's report stated. Three days later, Vicente told Potts that his "harassment" was unacceptable.

"You are to refrain from contacting me directly ever again," Vicente texted to Potts. "This behavior is unauthorized and is to stop immediately."

In response to Vicente's comments, court pleadings claim Potts said that he has "the State of Florida on my side preparing to throw down." The attorney also allegedly stated if Vicente were innocent, then "Why not come to the parking area at [sic] 2 so we can discuss this like real adults?"

The referee provided context, explaining that the homeowners' election was to be held at 2 p.m. in the parking area referred to in the email. Potts claimed his statement was not a physical threat, as Vicente interpreted it and as The Florida Bar described it in its initial complaint.

Kevin Tynan, a partner at Richardson & Tynan in Tamarac who represented Potts, said the statement was a matter of interpretation, which is why the referee's report dropped a count that was based on that statement.

Tynan said Potts is in the process of making the transition into the suspension phase and is planning to return to his law practice afterward.

"This is really a nasty comment case," Tynan said. "My guy was just over the top with his communications."

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