The Florida Bar v. Scott

• Decision Date: 05 April 1967
• Docket Number: No. 35928,35928
• Citation: 197 So.2d 518
• Parties: THE FLORIDA BAR, Complainant, v. Alfred C. SCOTT, Respondent.
• Court: Florida Supreme Court

Page 518

197 So.2d 518

THE FLORIDA BAR, Complainant, v. Alfred C. SCOTT, Respondent.

No. 35928.

Supreme Court of Florida.

April 5, 1967.

Steven A. Werber, Jacksonville, for The Florida Bar, complainant.

Gerald R. Hart, Jacksonville, for respondent.

DREW, Justice.

The respondent in this case was charged by The Florida Bar with having been guilty of the violation of Canons 27 and 28 of the Canons of Professional Ethics and Rule 19 of the Additional Rules Governing the Conduct of Attorneys in Florida, 31 F.S.A. in that he did, on February 6, 1964, in Putnam County, Florida, individually and through his agent, Walter M. Limbric, who was acting within the scope of his agency, actively solicit professional employment from Mrs. Ernest Lee Kaymore, Mrs. Obediah McCaskell, Mrs. Richard Junior Hodges, Mrs. W. A. Johnson and Mrs. Aaron Woods to represent each of said persons or any one of them in connection with any claims for damages arising out of the wrongful death of their husbands on or about February 4, 1964. Respondent filed his answer to these charges and extensive hearings were conducted before the Honorable Davisson S. Dunlap, a referee appointed by this Court for the purpose of hearing complaints of the character here under consideration. These hearings consumed a good part of two days and the record here consists of some 280 pages of testimony. There is some conflict in the evidence but, under the Integration Rule, the referee is the officer of this Court responsible for reconciling such conflicts and making his findings of fact and recommendations therefrom. The pertinent portions of his findings and recommendations follow:

'After considering all of the pleadings, exhibits and evidence before me, I find that:

'1. On February 6, 1964, the respondent went to Palatka, Florida, accompanied by Robert Corley, a commercial photographer, to meet with Rev. Limbric, a bail bondsman and Negro preacher. The purpose of the meeting was to establish contact with certain widows living in Palatka, Florida, whose husbands had been killed in an accident on February 4, 1964, and to secure the legal representation for the respondent of the claims arising out of the accident.

'2. After a conference between the respondent and Rev. Limbric, a procedure was set up by which W. M. Limbric would go to the widow's respective homes and ascertain 'if they were all right to talk.' If so, Rev. Limbric would find out if they wanted to retain the respondent's services. If so, the respondent would be notified by Limbric and the respondent would enter the home of the widows and discuss his legal representation of the widow and the estate of their deceased husbands in respect to the claims arising from the accident. The respondent followed Rev. Limbric in his car as he went from place to place.

'3. At that time respondent did not know any of the decedents nor their widows. Rev. Limbric claims to have met one of the decedents, named Obediah McCaskell, on one occasion two years prior to the accident, but under the evidence it is extremely doubtful if his claim is valid. He did not claim to know or have met any of the other decedents or any of the widows.

'4. At the time Rev. Limbric went to the homes of the widows, he had in his possession professional cards of the respondent.

'5. Pursuant to the procedure determined by the respondent and Rev. Limbric, W. M. Limbric went to the home of the mother-in-law of Blanch McCaskell to see Blanch McCaskell, and to see Irene Johnson, Mary Jane Hodges and Eula May Kaymore at their respective homes. On each occasion he ascertained if they would retain the respondent's services and if the reply was in the affirmative, the respondent, who was outside in a car, was summoned by Limbric to talk with the widow as a prospective client. At one or more of the talks the respondent mentioned the case being worth $75,000.00 to $85,000.00 to the widow.

'6. During the talk with Blanch McCaskell the respondent asked her where the other widows lived so the could talk with them and take the whole case.

'7. The professional card of the respondent was given by Limbric to Irene Johnson and her father, Joe Williams, Sr. The respondent gave his professional card to Blanch McCaskell after first obtaining it from Limbric in the presence of the witness.

'8. As a result of the above procedure, a typewritten contingent fee contract was signed by Blanch McCaskell and Mary Jane Hodges retaining the respondent as their attorney in respect to the claims arising out of the accident which occurred on February 4, 1964. Respondent was unsuccessful in obtaining the representation of the other widows, namely, Irene Johnson and Eula May Kaymore.

'9. About a week after February 6, 1966, W. M. Limbric was given $50.00 by the respondent and he went down to Palatka and gave it to Blanch McCaskell and got her to sign a receipt. A short time later, Blanch McCaskell returned the $50.00 to the respondent.

'10. From the evidence it is apparent that:

'(a) The respondent solicited professional employment through Rev. Limbric acting as a touter for the respondent. The acts of touting performed by Rev. Limbric were done with the knowledge and acquiescence of the respondent.

'(b) The respondent solicited professional employment by personal communications and interviews not warranted by personal relations.

'(c) The respondent attempted to and did breed litigation by seeking out those with claims for personal injuries.

'* * *

'RECOMMENDATION OF GUILT

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