The Florida Bar v. Bratton, 59414
| Decision Date | 18 March 1982 |
| Docket Number | No. 59414,59414 |
| Citation | 413 So.2d 754 |
| Parties | THE FLORIDA BAR, Complainant, v. Melvin BRATTON, Respondent. |
| Court | Florida Supreme Court |
John A. Boggs, Asst. Staff Counsel, Tallahassee, Jay M. Levy, Bar Counsel, Miami, and Donald Klein, Chairman, Grievance Committee 11 H, Miami Beach, of The Florida Bar, for complainant.
Melvin D. Bratton, in pro per.
This attorney-discipline proceeding is before the Court upon the complaint of The Florida Bar, the report of a referee, and the petitions of both parties for review. Our jurisdiction and procedure are governed by article V, section 15, Florida Constitution and the Integration Rule of The Florida Bar, article XI, Rule 11.09.
The Florida Bar filed a two-count complaint against respondent Melvin D. Bratton. The first count charged a violation of Integration Rule 11.02(4) and Disciplinary Rule 9-102(B)(4) of the Code of Professional Responsibility for failure to return to a client $10,000 that had been posted as a bond in a foreclosure proceeding. It was alleged that the client had entrusted this money to respondent for the specific purpose of making the bond. Respondent's first argument in response was that the client had tendered the money as partial payment for attorney's fees owed and that respondent had then advanced the money to the client for the purpose of posting the bond. His second argument was that when the money was released from the bond, he had a right to retain it by virtue of a lien for attorney's fees owed.
The second count charged respondent with violation of article VIII of the Integration Rule and Disciplinary Rule 3-101(B) in that he continued to practice law while under suspension for not paying his Florida Bar membership dues.
The referee found that the Bar proved the allegations of both counts of the complaint by clear and convincing evidence. The client's funds, the referee found, were entrusted to respondent for the specific purpose of posting a bond and not in partial payment of any fees, and when released should have been returned to the client regardless of any outstanding attorney's fees. The referee concluded that respondent had no lien on the funds since, again, the money was given for a specific purpose unrelated to the services for which the unpaid fee was claimed.
The factual allegations having been proved, the referee concluded that respondent had violated the Integration Rule and Code provisions as charged. The referee recommended suspension for eighteen months for count one and a public reprimand for count two.
Respondent contends that the referee's findings of fact on count one are erroneous. We conclude that the findings are not clearly erroneous and therefore must be upheld. State ex rel. The Florida Bar v. Bennett, 246 So.2d 107 (Fla.1971); The Florida Bar v. Wagner, 212 So.2d 770 (Fla.1968).
Respondent argues that he held a lien on the $10,000 and was entitled to retain it. Although article XI, rule 11.02(4) provides for retention of money or property upon which a lawyer has a lien and for "payment of agreed fees from the proceeds of transactions or collections," these provisions are not applicable when funds have been entrusted for a specific purpose and there is no agreement for payment...
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Iowa Supreme Court Attorney Disciplinary Bd. v. Morse
...We agree with this reasoning. We favorably cited an analogous decision in Nadler. 445 N.W.2d at 361 (citing Fla. Bar v. Bratton, 413 So.2d 754, 755 (Fla.1982) (per curiam)). In Bratton, the client provided funds for a bond in a foreclosure proceeding. 413 So.2d at 754. When the bond was rel......
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Daniel Mones, P.A. v. Smith
...So.2d 934 (Fla. 2d DCA 1980), review denied, 399 So.2d 1141 (Fla.1981). The district court interpreted our decision in The Florida Bar v. Bratton, 413 So.2d 754 (Fla.1982), as authority for the proposition that attorney's trust accounts are not subject to setoffs for past legal services ren......
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In re Haar
...the retaining lien can be asserted against funds committed in escrow to the attorney for some other purpose. See, e.g., Florida Bar v. Bratton, 413 So.2d 754 (Fla.1982) (concluding that client funds entrusted to lawyer for posting bond in foreclosure proceeding not subject to retaining lien......
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People v. Gray
...his client)(emphasis added). In the present case, the amount of attorneys' fees due from the client was disputed. See Florida Bar v. Bratton, 413 So.2d 754 (Fla.1982)(holding that an attorney cannot impose a valid lien on client's funds entrusted to the attorney for a specific purpose where......
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Opinions
...client)(emphasis added). In the present case, the amount of attorneys' fees due from the client was disputed. See Florida Bar v. Bratton, 413 So. 2d 754 (Fla. that an attorney cannot impose a valid lien on client's funds entrusted to the attorney for a specific purpose where the parties hav......