The Florida Bar v. Pipkins, 89006

• Decision Date: 26 March 1998
• Docket Number: No. 89006,89006
• Court: Florida Supreme Court
• Parties: THE FLORIDA BAR, Complainant, v. Royce Derrell PIPKINS, Respondent.

Page 953

708 So.2d 953

THE FLORIDA BAR, Complainant, v. Royce Derrell PIPKINS, Respondent.

No. 89006.

Supreme Court of Florida.

March 26, 1998.

John F. Harkness, Jr., Executive Director, and John T. Berry, Staff Counsel, Tallahassee; and Eric M. Turner, Bar Counsel, Orlando, for Complainant.

Royce D. Pipkins, pro se, Altamonte Springs, for Respondent.

PER CURIAM.

We have for review the referee's report regarding alleged ethical breaches by Royce Derrell Pipkins. We have jurisdiction. Art. V, § 15, Fla. Const.

On January 12, 1995, this Court suspended Pipkins from the practice of law for sixty days and placed him on probation for eighteen months. See Florida Bar v. Pipkins, 647 So.2d 846, 847 (Fla.1995). The suspension became effective thirty days from the filing of our opinion on January 12, 1995, and the terms of probation required, among other things, that Pipkins follow all rules relating to trust accounts. See id. Subsequently, the Bar petitioned this Court to issue an order to show cause as to why Pipkins should not be held in contempt of this Court for (1) receiving and disbursing funds from his trust account during his suspension period; and (2) accepting new business after the filing of our opinion in Pipkins' case. We issued an order to show cause, and a hearing was held before a referee on March 25, 1997.

The referee found that Pipkins utilized his trust account "in direct contradiction" of this Court's January 12, 1995 order. Specifically, the referee found that Pipkins admitted to (1) utilizing his trust account to collect previously earned fees from clients, which properly should have been placed in an office account, resulting in a commingling of client and personal funds; and (2) utilizing his trust account to transact business on behalf of a corporate client for which he served as Secretary/Treasurer, as the corporation did not maintain its own bank account. Also, the referee found that Pipkins had not accepted any new business after January 12, 1995. Based on these findings, the referee recommended that Pipkins be found in contempt of this Court for violating Rules Regulating The Florida Bar 4-1.15(a) (prohibiting commingling of personal and client funds) and 3-6.1(c) (prohibiting suspended attorney from receiving, disbursing, or otherwise handling trust funds). As a disciplinary measure, the referee recommended that Pipkins be ordered to pay the costs of these proceedings. The referee found no further discipline necessary because Pipkins "was placed on probation for 18 months and it does not appear [that] any other violations occurred during his probationary period." The Bar agrees with the referee's findings of fact and recommendations as to guilt, but argues that in addition to being taxed costs, Pipkins should be suspended for ninety-one days with required proof of rehabilitation before he may resume practicing law. ¹

We approve the referee's findings of fact and recommendations as to guilt because they are supported by competent, substantial evidence. See, e.g., Florida Bar v. Glick, 693 So.2d 550, 551 (Fla.1997); Florida Bar v. Benchimol, 681 So.2d 663, 665 (Fla.1996). However, we disagree with the referee's disciplinary recommendation and reject the Bar's assertion that a ninety-one day suspension, with required proof of rehabilitation, is appropriate here. Pipkins committed the trust account violations at issue while serving a sixty-day suspension and eighteen-month probation for similar misconduct, and we therefore find that a ninety-day suspension is appropriate. See Florida Bar v. Mitchell, 645 So.2d 414, 415 (Fla.1994) (suspending attorney ninety days for trust account violations where prior disciplinary record involved similar misconduct); Florida Bar v. Nesbitt 626 So.2d 190, 191-92 (Fla.1993) (imposing ninety-day suspension for various trust account...