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Deposition of Scott Rothstein re - Trustee Services

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1 BY MR. PHILLIPS:<br />

Page 163<br />

2 Q. Did you ever tell -- by the way, do you<br />

3 <strong>re</strong>call what the ethical rules a<strong>re</strong> with <strong>re</strong>spect to an<br />

4 attorney going into business or investment deals with<br />

5 his own clients?<br />

6 A. Yeah. The<strong>re</strong> has to be a significant amount<br />

7 <strong>of</strong> disclosu<strong>re</strong> to get past the Bar rules.<br />

8 Q. Did you ever provide any written disclosu<strong>re</strong>s<br />

9 or documentation to or <strong>re</strong>ceive from Barry Lipsitz or<br />

10 Domenick Tonacchio any disclosu<strong>re</strong> about going into<br />

11 business with you about these investment deals?<br />

12 A. That's not the way that Domenick and Barry<br />

13 and I did business.<br />

14 Q. Well, did you ever tell them -- strike that.<br />

15 Well, as an attorney -- at the time you we<strong>re</strong><br />

16 still a practicing lawyer, we<strong>re</strong>n't you?<br />

17 A. Practicing is an inte<strong>re</strong>sting word for what I<br />

18 was doing, so it was sort <strong>of</strong> practicing, yes.<br />

19 Q. Okay. Well, you knew that's what you should<br />

20 have done. Whether that's not the way you did<br />

21 business, that would have been the right thing to do<br />

22 as the attorney, cor<strong>re</strong>ct?<br />

23 MR. GAY: Objection to form.<br />

24 THE WITNESS: Yes, had I been adhering to<br />

25 all the ethical rules set forth by the Florida Bar, I

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