The Florida Bar, 50061

• Decision Date: 13 January 1977
• Docket Number: No. 50061,50061
• Citation: 341 So.2d 774
• Parties: THE FLORIDA BAR. In re John A. REED.
• Court: Florida Supreme Court

Page 774

341 So.2d 774

THE FLORIDA BAR.

In re John A. REED.

No. 50061.

Supreme Court of Florida.

Jan. 13, 1977.

John A. Reed, in pro. per.

Richard A. Whittington, Bar Counsel, Indialantic, and John A. Weiss, Asst. Staff Counsel, Tallahassee, for The Florida Bar, Respondent.

PER CURIAM.

This cause is before us on petition for reinstatement to The Florida Bar by John A. Reed and report and recommendation of the referee. No timely petition for review has been filed with this Court by Reed pursuant to Fla. Bar Integr. Rule, art. XI, Rule 11.09.

On March 27, 1974, John A. Reed was suspended from the practice of law for one year and thereafter until he is able to demonstrate to the satisfaction of The Florida Bar that it can in all good faith recommend to this Court his reinstatement. Cf. The Florida Bar. v. Reed, 299 So.2d 583 (Fla.1974).

Petitioner filed a petition seeking reinstatement as a member in good standing of The Florida Bar with The Florida Bar on September 2, 1975. Pursuant to Fla. Bar Integr. Rule, art. XI, Rule 11.11, the matter was referred to a referee appointed by the Board of Governors.

The referee summarized the evidence presented at the hearing on the petition for reinstatement, as follows:

'The Petitioner called no witnesses in his own behalf and offered no documentary evidence in his own behalf. The Petitioner was his sole witness.

'The Petitioner's testimony can be summarized by saying he restated the information contained in his Petition filed with The Florida Bar and elaborated briefly on the matters set forth therein. The most that can be said for his presentation was that he offered personal assurances of good intentions for the future, which were uncorroborated. The main thrust of his plea was that he should be reinstated because he needed income and he had no other way to make a living.

'The evidence developed by The Florida Bar was as follows:

'1. Cross-examination of the Petitioner revealed that he had received a private reprimand from The Florida Bar for failure to properly represent his clients on July 12, 1968. He further admitted that he had been before the Grievance Committee of The Florida Bar on approximately six occasions for alleged misconduct.

'2. Attorney Mike Krasny of Melbourne testified that the Petitioner had actively represented a client in a divorce proceeding in opposition to Mr. Krasny as late as May 29, 1974, which was seven days after the motion for rehearing was denied on the suspension order. He further testified of an occasion when the Petitioner lied to him about a matter known to the Petitioner to be false. He further testified that the Petitioner's reputation in the community for truthfulness and his reputation in the community and Bar for legal competence was bad.

'3. The Honorable Richard B. Muldrew, Circuit Judge in the Eighteenth Judicial Circuit, testified that he had known the Petitioner for many years and that 'he was constantly in trouble'. He further testified as to an occasion on which the Petitioner appeared in his Court during the period of the Petitioner's suspension, at which time it was his impression the Petitioner intended to handle the divorce hearing but was prevented from doing so by the Judge himself.

'4. Peirce Wood, an attorney practicing in Brevard County, who was the referee in the proceedings wherein the Petitioner was suspended, testified that in his opinion the Petitioner had not been rehabilitated since he had not received any additional training or education since his suspension.

'5. William Potter, an attorney in Melbourne, Florida, testified that he had known the Petitioner for several years and that his reputation for truthfulness in the community and Bar was poor and that his reputation for legal competence in the community and Bar was poor.

'6. Mrs. Inez Smith Gant testified she employed the Petitioner in 1972 and 1973 to represent her in two matters, that the Petitioner told her he had filed the cases and that they would go to trial, that in fact the cases were never filed and one claim was lost by the running of the Statute of Limitations. She further testified that she filed suit for recovery of the retainer she had paid the Petitioner and received a judgment...