Trial by Fire
In March 2017, during the closing arguments of the arson trial for his client Claudy Charles, Miami defense attorney Stephen Gutierrez found himself literally engulfed in controversy when his pants caught fire in court. As he argued that Charles’ car had spontaneously combusted, heat began emanating from his pocket. Gutierrez later stated an e‑cigarette battery had “broken” in his pocket, triggering the blaze. While the incident halted the proceedings, he returned unharmed and insisted it was no stunt.
Despite the spectacle and the suspicion it aroused prosecutors believed it may have been a demonstration of the spontaneous‑combustion theory they ultimately declined to press arson charges against Gutierrez, reasoning they couldn’t prove unlawful intent. In spite of the incident Charles was convicted by the jury of arson.
The smoke and mirrors is not what caused Gutierrez suspension. The more serious blow came not from the fiery distraction, but from Gutierrez’s conduct after the criminal trial. Representing Charles in a civil suit against GEICO, he alleged that the vehicle damage stemmed from a collision, conveniently sidestepping the recent criminal finding of arson. He filed this claim and pressed the claim after Charles’ arson conviction even after seeing the surveillance video showing Charles igniting the car. Gutierrez did not withdraw the claim until months later.
It was this misleading representation continuing to assert a collision despite overwhelming evidence of arson that prompted the Florida Bar to charge Gutierrez with misconduct for making non‑meritorious claims and violating principles of honesty and justice.
Negotiating with the Bar, Gutierrez pleaded guilty to the professional misconduct charges. The agreed disciplinary outcome was a 91‑day suspension and two years of probation.
In April 2020, the Florida Supreme Court formally ordered Gutierrez’s law license suspension for 91 days, effective 30 days from the court’s order.
While the pants‑on‑fire event remains an unforgettable moment, it was the deception in civil filings, not the spectacle, that ultimately cost Gutierrez.
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Lee Norcross, MBA, CPCU
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L Squared Insurance Agency, LLC ® DBA in California as L2 L Squared Insurance Agency, License # 0L93416
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