A judge in Palm Beach County, Fla., late Monday ruled that the State Attorney General's office overstepped its authority when issuing a subpoena to examine the foreclosure practices of the Shapiro & Fishman law firm.
The order signed by Judge Jack Cox notes the subpoena states the investigation was to cover "possible unfair and deceptive trade practices which involve the advertising and marketing practices." But that subpoena, issued in August, did not request documents related to advertising and marketing, but rather those related to legal representation of lenders in foreclosures as well as to the internal operations of Shapiro.
In his ruling, Judge Cox says attorney general Bill McCollum does not have the power to investigate or discipline alleged malfeasance by a law firm in the practice of law. The Florida Supreme Court holds that power under state law.
Furthermore, the judge termed the subpoena "overbroad, vague, inconsistent and unduly burdensome," and that it is "highly unlikely to reveal actionable conduct on the part of the Shapiro Firm."
In a statement, Ryan Wiggins, acting communications director for McCollum, said "Our attorneys are discussing our options, including whether or not we will appeal the judges ruling."
A press release containing a statement from the lawyers who represented Shapiro -- Gerald Richman and Leora Freire of Richman Greer PA -- said Shapiro is "willing to voluntarily cooperate with the AG's office to assuage any concerns" regarding its foreclosure practice.
