The Florida Bar v. Williams, 75906
| Decision Date | 25 June 1992 |
| Docket Number | No. 75906,75906 |
| Citation | 604 So.2d 447 |
| Parties | THE FLORIDA BAR, Complainant, v. Patricia G. WILLIAMS, Respondent. 604 So.2d 447, 17 Fla. L. Week. S397 |
| Court | Florida Supreme Court |
John F. Harkness, Jr., Executive Director, John T. Berry, Staff Counsel, Tallahassee, and Jacquelyn P. Needelman, Bar Counsel, Miami, for complainant.
Alcee L. Hastings, Miami, for respondent.
This is a disciplinary proceeding in which The Florida Bar petitions this Court to disbar the respondent Patricia G. Williams from the practice of law. We have jurisdiction 1 and accordingly disbar the respondent.
The Florida Bar charged the respondent with eight counts alleging numerous ethical violations. The referee made the following findings as to each count.
On November 26, 1986, Melvin Cochran (Cochran) retained the respondent to represent him in a domestic relations matter by signing a retainer agreement and paying the respondent money toward covering attorney fees. On numerous occasions between December 1986 and January 20, 1987, Cochran attempted unsuccessfully to contact the respondent about the status of his case. Despite Cochran's attempts, the respondent failed to return his telephone calls or contact Cochran about the case.
On January 20, 1987, Cochran sent a letter to the respondent requesting that she refund the monies paid for attorney fees and all of his personal papers. By January 30, 1987, the respondent filed a notice of appearance on behalf of Cochran. The respondent was notified of a hearing scheduled for February 5, 1987, and she advised Cochran that she would have the hearing continued. However, the respondent failed to move the trial court for a continuance and also failed to attend the hearing or have other counsel appear for Cochran. Cochran, relying on the respondent, did not appear. The trial court granted a final judgment of dissolution of marriage at the hearing.
The referee found the respondent guilty of violating Disciplinary Rules 6-101(A)(3) (), 7-101(A)(1) (), 7-101(A)(2) () of the former Code of Professional Responsibility and Rule Regulating the Florida Bar 4-1.3 (a lawyer shall act with reasonable diligence and promptness in representing a client).
Melvin Judge (Judge) retained the respondent to represent him in a criminal case. On August 23, 1985, the respondent received a quitclaim deed on real estate property as security for her fee in representing Judge. On August 29, 1985, the respondent recorded the quitclaim deed and in January 1988, applied to United Mortgage Company for a mortgage loan in the amount of $25,000 on the property. On March 23, 1988, United Mortgage Company approved the respondent's application and provided her funding for the mortgage.
On April 20, 1988, the respondent appeared before the Eleventh Judicial Circuit Grievance Committee "J" in reference to the quitclaim deed and the property. Respondent in unsworn testimony stated at the proceeding, "I have no money from that property and no mortgage on it, that I'm aware of." At the time of the respondent's comment, she had, in fact, received money from the property and had a mortgage issued, funded, and recorded regarding the property.
The referee found the respondent guilty of violating Rules Regulating the Florida Bar 4-8.4(c) (), 4-8.4(d) (), and 3-4.3 (commission of any act unlawful or contrary to honesty and justice). 2
On January 8, 1988, the respondent executed a promissory note for $25,000 and mortgage securing payment of such promissory note with United Mortgage Company. On March 22, 1988, R.R. Darwin became the holder of the note and mortgage by an assignment. The respondent owed Darwin a $403.34 payment on the note by May 31, 1988, which the respondent paid with a worthless check. On June 17, 1989, Darwin informed the respondent that the bank had returned the check for insufficient funds. The respondent issued another check which Darwin refused, preferring to accept cash, a cashier's check or money order to replace the worthless check. The respondent failed to pay Darwin monies due for the months of May, June, and July 1988. A Notice of Lis Pendens was filed on August 23, 1988. The respondent then made the mortgage payments after the filing of a civil complaint for foreclosure of the mortgage and the filing of a complaint with The Florida Bar.
The referee found the respondent guilty of violating Rules Regulating The Florida Bar 3-4.3 (commission of any act which is unlawful or contrary to honesty and justice), 4-8.4(b) (), and 4-8.4(c) ().
During the period of December 19, 1983 through October 26, 1986, the respondent maintained a trust account and two operating accounts. An audit of the respondent's accounts showed the following: the respondent failed to maintain the required minimum trust account records; the respondent failed to follow the required minimum trust accounting procedures; the respondent deposited client trust funds in the respondent's operating accounts; and the respondent commingled funds, depositing fees and client funds in her trust account.
The referee found the respondent guilty of violating former Integration Rule of The Florida Bar, article XI, rule 11.02(4) (), and Disciplinary Rule 9-102(A) () of the former Code of Professional Responsibility, and Rules Regulating The Florida Bar 4-1.15(a) (safekeeping property), 5-1.1 (trust accounts), and 5-1.2 (trust records and procedures).
On March 22, 1984, the respondent had a balance of $1,693.45 in her trust account. At the same time, the respondent had client liabilities totaling $2,389.09, reflecting a shortage of $695.64. A month later on April 22, 1984, the respondent had a balance of $1,225.37 in her trust account, and liabilities totaling $2,181.31, thus reflecting a $995.94 shortage. By December 24, 1984, the respondent's trust account showed a shortage of $1,749.56. The referee also found that on April 11, 1986, the respondent's trust account showed a shortage of $1,057.54. The referee noted that while no client suffered any actual loss and the respondent repaid all shortages, the respondent admitted to intentionally using the trust account funds to "keep her office open." The referee also indicated that the respondent expressed that she knew that the practice of using her trust funds was wrong.
The referee found the respondent guilty of violating Rule Regulating The Florida Bar 5-1.1 (a lawyer shall hold a client's funds in trust for specific purposes).
The respondent maintained her trust account in an interest-bearing account in which she retained the interest. Between December 19, 1983 and October 26, 1986, the respondent's trust account earned a total of $566.75.
The referee found the respondent guilty of violating former Integration Rule of The Florida Bar, article XI, rule 11.02(4)(d) ().
On October 9, 1985, Ms. Annie Ingraham retained the respondent to represent her and her minor son in an action against the Dade County School Board. The respondent had Ingraham and her son sign a retainer agreement that provided the respondent with forty percent of any award or settlement. Pursuant to section 768.28, Florida Statutes (1985), attorney fees in such cases are limited to twenty-five percent of recovery. When the respondent learned of the statutory limitation, she failed to inform Ingraham or the son that the fee would be reduced.
The referee found the respondent guilty of violating Disciplinary Rule 2-106(A) () of the former Code of Professional Responsibility.
The respondent filed a complaint on behalf of Ingraham and her son against the Dade County School Board in October 1985. The complaint was dismissed for lack of prosecution and the respondent failed to notify either Ingraham or her son. The respondent filed amended complaints, some of which were dismissed. On July 9, 1987, the respondent took voluntary dismissals against two of the defendants without consulting with either Ingraham or her son. On August 26, 1987, the respondent filed a notice of voluntary dismissal dismissing Ingraham without ever discussing the action with her clients.
The referee found the respondent guilty of violating Disciplinary Rule 6-101(A)(3) () of the former Code of Professional Responsibility, and Rules Regulating The Florida Bar 4-1.4(a) (), and 4-1.4(b) ().
The referee recommended that the respondent receive a public reprimand, be suspended for the practice of law for a period of ninety days with automatic reinstatement. In addition, the referee recommended that the respondent be on probation for a period of two years. The Florida Bar seeks disbarment on the authority of The Florida Bar v. Mavrides, 442 So.2d...
To continue reading
Request your trial
-
The Florida Bar v. Shoureas
...inconsistent with approved professional standards.") (quoting Florida Bar v. Pahules, 233 So.2d 130, 131 (Fla.1970)); Florida Bar v. Williams, 604 So.2d 447, 452 (Fla.1992) (same). In other words, disbarment "occupies the same rung of the ladder in these proceedings as the death penalty in ......
-
The Florida Bar v. Simring
...an attitude and course of conduct that is inconsistent with Florida's standards for professional conduct." The Fla. Bar v. Williams, 604 So.2d 447, 452 (Fla.1992). As we stated in The Florida Bar v. Bern, 425 So.2d 526, 528 (Fla.1982), this "Court deals more harshly with cumulative miscondu......
-
Fla. Bar v. Schwartz
...been violated where the attorney has engaged in misrepresentations, Fla. Bar v. Stillman , 606 So. 2d 360 (Fla. 1992) ; Fla. Bar v. Williams , 604 So. 2d 447 (Fla. 1992), or other misleading conduct, Fla. Bar v. Beach , 699 So. 2d 657 (Fla. 1997). While the referee repeatedly stated that Sc......
-
The Florida Bar v. Wasserman, s. 83818
...(attorney who made misrepresentations to a mortgage company was found guilty of violating rule 3-4.3 and other rules); Florida Bar v. Williams, 604 So.2d 447 (Fla.1992) (attorney who failed to diligently represent client, made false and misleading statements to grievance committee, violated......