THE FLORIDA BAR, PETITIONER,
v.
LEWIS MARION WILLIAMS, RESPONDENT

Fla. | 1979-05-03
No. 55913
BOYD, Acting C. J., and OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
370 So. 2d 1145 Florida Supreme Court (1979)

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Synopsis

An attorney was convicted of multiple felonies in Florida state court, triggering automatic suspension under Florida Bar Integration Rule 11.07(2). The Florida Supreme Court denied his petition to modify the suspension pending appeal of his convictions and upheld the automatic suspension effective February 13, 1979.


Holding

The Court denied the respondent's petition to modify the automatic suspension and upheld the suspension effective February 13, 1979. The Court also denied his petition for clarification requesting time to conclude pending legal business.


Headnotes

[1] An attorney convicted of felony counts is automatically suspended from the practice of law on the eleventh day following the entry of the judgment of guilt, unless a peti…

[2] Filing a timely petition to modify or terminate an automatic suspension has the effect of deferring the suspension until the Supreme Court rules on the petition.

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Key Quotes

“the convicted attorney shall stand suspended as a member of The Florida Bar on the 11th day following the entry of the judgment unless he shall before that day file a petition with the Supreme Court to modify or terminate such suspension as elsewhere provided.”

States the automatic suspension rule triggered by felony conviction and the narrow window for seeking deferral

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Facts & Procedural History

Lewis Marion Williams was convicted of multiple felony counts in a Florida state court. Under Florida Bar Rule 11.07(2), an attorney convicted of felo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This disciplinary proceeding is before the court on the petition of Lewis Marion Williams to modify suspension and the response of The Florida Bar, pursuant to Florida Bar Integration Rule, article 11, Rule 11.07(2).

The respondent was convicted on a number of felony counts in a court of the State of Florida. Florida Bar Integration Rule, article 11, Rule 11.07(2) provides that if a judgment of guilt is entered against an attorney, “the convicted attorney shall stand suspended as a member of The Florida Bar on the 11th day following the entry of the judgment unless he shall before that day file a petition with the Supreme Court to modify or terminate such suspension as elsewhere provided.”

Before the eleventh day following the entry of the judgment against the respondent, he filed a petition to modify suspension, asking that suspension be deferred pending appeal of his felony convictions. This petition, due to its timeliness under the rule, had the effect of deferring the automatic suspension until ruled on by this court. The Florida Bar filed a response and also a separate petition seeking the respondent’s suspension based on his felony convictions. On February 13, 1979, the court denied the petition to modify the automatic suspension and that denial effectively suspended the respondent as of that date.

The respondent has filed a petition for clarification asking that the court rule on The Florida Bar’s petition for suspension based on felony convictions and that he be allowed a period of time in which to conclude pending legal business. The petition for clarification is denied. The respondent stands suspended from the practice of law as of February 13, 1979.

It is so ordered.

BOYD, Acting C. J., and OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.


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