The Florida Bar v. Solomon, 76863
Decision Date | 21 November 1991 |
Docket Number | No. 76863,76863 |
Citation | 589 So.2d 286 |
Parties | THE FLORIDA BAR, Complainant, v. Norman F. SOLOMON, Respondent. 589 So.2d 286, 16 Fla. L. Week. S748 |
Court | Florida Supreme Court |
John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and Patricia S. Etkin, Bar Counsel, Miami, for complainant.
Norman F. Solomon, in pro. per.
Norman Solomon, a member of The Florida Bar, petitions for review of a referee's recommendation that he be disbarred. We have jurisdiction, article V, section 15, Florida Constitution, and approve the referee's report and recommendations.
In 1976 this Court suspended Solomon from the practice of law for six months based on his conviction of failing to file a federal income tax return. The Fla. Bar v. Solomon, 338 So.2d 818 (Fla.1976). As noted in that opinion, Solomon had received unreported private reprimands in 1970 and 1974 and had been suspended from practice before a federal court in 1967. Id. at 819 n. 1. The Florida Bar later charged Solomon with three counts of failing to prosecute diligently matters entrusted to him, and this Court imposed a three-year suspension. The Fla. Bar v. Solomon, 409 So.2d 1052 (Fla.1982). Solomon has never sought reinstatement from either of his suspensions.
The Florida Bar filed a two-count complaint against Solomon in November 1990, alleging that (1) Solomon wrote checks on the bank accounts of businesses he was involved with knowing that those accounts contained funds insufficient to cover the checks, kited checks among his bank accounts, and deposited in his own accounts checks belonging to the clients of an attorney for whom he worked as an office manager; and (2) in 1985 Solomon forged his deceased mother's signature on a homestead tax exemption application and forged both of his deceased parents' signatures on a homestead application the following year. Solomon did not respond to the request for admissions, and the referee deemed the allegations admitted. After hearing the parties on several occasions the referee filed a report recommending that Solomon be found guilty of violating rules 3-4.3 ( ), 4-8.4(b) ( ), and 4-8.4(c) ( ) of the Rules Regulating The Florida Bar and former disciplinary rules 1-102(A)(4) ( ) and 1-102(A)(6) ( ). In light of Solomon's prior disciplinary history and the cumulative nature of Solomon's misconduct, among other things, the referee recommends that Solomon be disbarred.
The Florida Bar argues that the referee's recommendations should be accepted. Solomon, on the other hand, disagrees and claims that the referee erred in deeming the admissions to have been admitted, in refusing to dismiss the complaint, in permitting the use of illegally obtained evidence, in making unsupported findings of fact, and in assessing costs against him. After studying this record, we disagree with Solomon.
Although under suspension, Solomon is still a member of The Florida Bar. R. Regulating Fla. Bar 3-5.1(e). As such, he is subject to "the standards of ethical and professional...
To continue reading
Request your trial-
The Fla. Bar v. Hall
...of violating several Bar rules. Significantly, Kickliter, like the present Respondent, violated rule 4-8.4(c). Next, Florida Bar v. Solomon, 589 So.2d 286, 287 (Fla.1991), cited Kickliter for the principle that "forgery can result in disbarment." Along with other misconduct, Solomon forged ......
-
The Florida Bar v. Ross
...of The Florida Bar but without the privilege of practicing." (Emphasis added.) Citing rule 3-5.1(e), this Court in Florida Bar v. Solomon, 589 So.2d 286 (Fla.1991), disbarred an attorney for acts of misconduct committed during the attorney's suspension, holding that "[a]lthough under suspen......
-
Fla. Bar v. Ross
...in an affidavit seeking disqualification of a judge in a contempt hearing against the attorney, among other things); Fla. Bar v. Solomon, 589 So.2d 286 (Fla.1991) (along with other misconduct, respondent disbarred for forging his deceased mother's signature on a homestead tax exemption appl......
-
The Florida Bar v. Dubow, s. 80327
...tolerated by this Court, and they justify the most severe penalty. The Florida Bar v. Graham, 605 So.2d 53 (Fla.1992); The Florida Bar v. Solomon, 589 So.2d 286 (Fla.1991); The Florida Bar v. DeSerio, 529 So.2d 1117 (Fla.1988). Dubow's fraudulent conduct in connection with the real estate t......