The Florida Bar v. Diaz-Silveira, DIAZ-SILVEIR

• Decision Date: 10 October 1985
• Docket Number: DIAZ-SILVEIR,R,No. 67194,67194
• Parties: 10 Fla. L. Weekly 554 THE FLORIDA BAR, Complainant, v. Frankespondent.
• Court: Florida Supreme Court

Page 562

477 So.2d 562

10 Fla. L. Weekly 554

THE FLORIDA BAR, Complainant, v. Frank DIAZ-SILVEIRA, Respondent.

No. 67194.

Supreme Court of Florida.

Oct. 10, 1985.

John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and Robert D. Rosenbloom, Bar Counsel, Miami, for complainant.

Herbert Stettin, Miami, for respondent.

PER CURIAM.

Upon a conditional guilty plea for consent judgment and a Petition to Approve Conditional Guilty Plea for Consent Judgment filed by The Florida Bar this Court appointed a referee to conduct a hearing regarding Diaz-Silveira's alleged misconduct. Diaz-Silveira's conditional guilty plea for consent judgment, ^* acknowledges his violation of article XI, Rule 11.02(4), Disciplinary Rule 9-102(A) and Bylaws Section 11.02(4)(c). The referee recommended that Diaz-Silveira be found guilty in accordance with his conditional plea and that he be given a public reprimand and be placed on probation for three years with conditions.

Neither side contests the referee's report which we hereby adopt. Publication of this opinion in Southern Reporter will serve as the public reprimand, and Frank Diaz-Silveira is placed on probation for three years, effective thirty days from the filing of this opinion, with the following conditions:

1. That for a three-year probationary period, Diaz-Silveira shall be required to engage the professional services of a certified public accountant to prepare monthly reconciliations of both his trust account and his trust account bank statement;

2. That during this period of time, Diaz-Silveira will be charged with the responsibility of providing same to Staff Counsel of The Florida Bar (or his designee) within thirty days of the close of each month; all such reconciliations shall be certified by the certified public accountant as to both accuracy and validity;

3. That absent good cause shown (as determined solely and exclusively by Grievance Committee "B" of the Eleventh Judicial Circuit), should Diaz-Silveira fail to timely provide Staff Counsel (or his designee) the above-described reconciliations, upon filing of an appropriate pleading with this Court by the Grievance Committee, Diaz-Silveira shall be deemed to have consented to the entry of an Order by this Court effecting his immediate suspension from the practice of law until such time as he shall be deemed by competent authority to have remedied his contemptuous conduct;

4. That should it be demonstrated by...