Brian Faughnan was quoted in the Bloomberg/BNA’s March 15th article, “DOJ Seeks to Erode Florida Bar’s Antitrust Immunity.”
Is DOJ’s statement “really a shot across the bow” that could “fully signify a level of intense interest in this particular case?” Brian S. Faughnan asked rhetorically in an interview with Bloomberg Law. Faughnan runs the blog Faughnan on Ethics, and is a professional responsibility practitioner in Memphis. Or is this a “self-inflicted intervention caused by the Florida Bar overreaching?” Either way, it has brought to light “fears in the legal profession post [ Dental Examiners] about its likely impact,” Faughnan said.
As the legal “profession is working through these issues as a self-regulating profession,” the DOJ is “definitely looking over our shoulder,” Faughnan said.
The DOJ says that the Florida Bar is bound by an argument the bar made in its amicus brief in Dental Examiners. This argument “throws Florida’s own words back at it,” Faughnan told Bloomberg Law.