The Florida Bar v. Weaver, 52958
Decision Date | 16 March 1978 |
Docket Number | No. 52958,52958 |
Citation | 356 So.2d 797 |
Parties | THE FLORIDA BAR, Complainant, v. Joseph E. WEAVER, Respondent. |
Court | Florida Supreme Court |
John W. Tanner, Bar Counsel, Daytona Beach, and H. Glenn Boggs, II, Asst. Staff Counsel, Tallahassee, for The Florida Bar, complainant.
Robert H. Matthews of Hagglund, Matthews & Hagglund, New Smyrna Beach, for respondent.
Disciplinary proceedings were initiated by The Florida Bar against Joseph E. Weaver, a member of the Bar, alleging various acts of misconduct in his handling of clients' legal affairs. After a referee was appointed to conduct hearings, Weaver filed an unconditional guilty plea as to all charges against him but one, and that one was eventually dismissed at the Bar's request. The referee's report was filed with the Court on December 9, 1977, and neither the Bar nor Weaver has challenged the report under Rule 11.06(9)(b) of the Florida Bar Integration Rule. Accordingly, the record and report of the referee alone are before us for appropriate disposition, including the imposition of discipline. Article V, Section 15, Florida Constitution.
The referee reports the following acts of misconduct to which Weaver has pled guilty:
The referee found this conduct to be violative of Integration Rules 11.02(3) (a)-(b) (moral misconduct) and 11.02(4) (misuse of trust funds), and of Code of Professional Responsibility Disciplinary Rules 1-102(A)(3), (4) and (6) (acts of misconduct involving moral turpitude and dishonesty which reflect on fitness to practice law), and 9-102(B)(4) ( ). He recommended disbarment as the appropriate discipline.
2. As to Bar Case No. 7C-875-13 "The complaint against respondent charged him with misrepresentation and neglect: that he was engaged to handle the administration of an estate valued at approximately $286,217.00, under a will providing for two trusts; Notice to Creditors was not published until several months after he was retained; he failed to furnish information requested and required for tax purposes; represented that he had established trusts as required but never did so; caused losses on assets; paid himself fees of $4,570.00 without court order, and never completed administration of the estate."
The referee found that this conduct violates DRs 1-102(A)(4) (acts of dishonesty), 6-101(A)(3) ( ), and 7-101(A)(2) and (3) (intentionally failing to carry out a contract of professional employment and prejudicing his client). As to this misconduct he recommended a twelve-month suspension, coupled with rigorous conditions before practice can be resumed.
The referee found that this conduct violated our suspension order and DRs 1-102(A)(4) (deceit) and 3-101(B) ( ). He recommended a private reprimand.
The referee found that this conduct violates DR 6-101(A)(3) ( ), and recommended a public reprimand.
The referee found that this conduct also violates DR 6-101(A)(3), and recommended a private reprimand.
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...in addition to being an effective deterrent to others. The Florida Bar v. Pahules, 233 So.2d 130 (Fla.1970); cf., The Florida Bar v. Weaver, 356 So.2d 797 (Fla.1978); The Florida Bar v. Thue, 244 So.2d 424 (Fla.1971). Here the referee quite properly considered what effect Lord's misconduct ......
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...its being based in part on the perjury. As this Court is not bound by a referee's recommendations for discipline, The Florida Bar v. Weaver, 356 So.2d 797 (Fla.1978), a specific recommendation may be approved if appropriate although based in part on an invalid finding. Respondent's reprehen......