A lawyer who misled opposing counsel and a judge about his attempts to coach a witness during a deposition engaged in conduct that is “prejudicial to the administration of justice,” according to the Florida Supreme Court.

The court, in a November 18 ruling, agreed with The Florida Bar on that issue, overturning a referee’s recommendation, and increasing the lawyer’s sanction from a 30- to a 91-day suspension.

The lawyer represented an employer in a workers’ compensation case. The grievance case stemmed from a deposition where the lawyer, an adjuster for the employer, and the worker’s attorney all appeared by phone from different locations. The lawyer texted instructions to the adjuster that included coaching and directions on how to respond to the opposing attorney’s questions.

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