George LeMieux cleared in choo-choo bar complaint
The Florida Bar has ruled that there's insufficient evidence of wrongdoing by Sen. George LeMieux, who was accused by a Miami-Dade political consultant of having a conflict of interest over his handling of a Florida Department of Transportation train-related contract with Florida East Coast.
Bar letter dismissing the complaint is below
Mr. Mark Thibault
4800 SW 5th Terr
Miami, FL 33134
Re: George Stephen LeMieux; The Florida Bar File No. 2010-00,468 (2A)
Dear Mr. Thibault:
All correspondence and documents have been carefully reviewed.
In your complaint you allege that Mr. LeMieux operated under a conflict of interest by accepting a client whose interests were directly adverse to the interests of another client that his law firm represented at the time. You also allege that Mr. LeMieux made misrepresentations in his response to your complaint. Mr. LeMieux’s prior law firm has submitted a response which Mr. LeMieux has adopted and he has filed his own response as well. The responses deny your allegations.
Bar counsel must analyze the complaint and the supporting evidence from the standpoint of whether or not, as a prosecutorial agency, the case stands a reasonable chance of being won if litigated. One of the considerations Bar Counsel must weigh in deciding whether to close a file or proceed further to seek disciplinary measures is the weight of the available evidence. If the Bar seeks to discipline the lawyer, it is required by Supreme Court ruling to show, by “clear and convincing” evidence that there has been a violation of one or more of the Rules Regulating The Florida Bar. Clear and convincing evidence has been defined as “evidence so clear, direct and weighty and convincing as to enable [the fact finder] to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue.” This burden of proof is heavier than the burden of proof required in an ordinary civil trial.
My review of this file reveals there is insufficient evidence from the materials provided that the attorney has violated any of the rules adopted by the Supreme Court of Florida which govern attorney discipline. Accordingly, continued disciplinary proceedings in this matter are inappropriate.
In light of the foregoing, our file has been closed. The computer record will be purged and the file destroyed one year from the date of closing.
Heidi E. Brewer, Bar Counsel
Attorney Consumer Assistance Program