THE FLORIDA BAR, COMPLAINANT,
v.
SEYMOUR L. GAER, RESPONDENT
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The Florida Bar disciplined attorney Seymour L. Gaer for sharing legal fees with a bail bondsman who referred clients and set fees. The Supreme Court approved a public reprimand rather than the Board of Governors' recommended 60-day suspension.
Respondent is guilty of violating Disciplinary Rules 2-103(B), (C), and (E) and Rule 11.-02(3)(b) of the Integration Rule. A public reprimand to be published in the Southern Reporter is the appropriate discipline, rather than the Board of Governors' recommended 60-day suspension.
[1] An attorney violates disciplinary rules by sharing attorney's fees with a bail bondsman for referred clients.
[2] An attorney's prior disciplinary record, successful representation of clients, candor, and cooperation may be considered in mitigation of disciplinary sanctions.
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Establishes the core misconduct of fee-sharing with a non-lawyer referral source
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Join FLexlaw to unlock all legal intelligenceBetween March 30 and April 30, 1977, a bail bondsman referred three clients to Gaer and set the fees to be charged. Gaer represented these clients and…
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PER CURIAM.
This disciplinary proceeding against Seymour L. Gaer is before us on complaint of The Florida bar, report of the referee, and petition for review filed by complainant.
The referee made the following findings of fact. On or about March 30, 1977, until April 30, 1977, a bail bondsman referred cases to respondent and set the fee to be charged by respondent. During this one-month period, the bail bondsman referred three clients to respondent. Respondent represented these three clients and shared part of his attorney’s fees with the bail bondsman. On January 9,1978, respondent was found guilty on three counts of soliciting legal business in violation of section 877.02, Florida Statutes, and two counts of a bail bondsman advising the employment of a particular attorney to his principal in violation of section 648.44, Florida Statutes. These violations were misdemeanor offenses.
On the basis of these findings of fact, the referee recommended that respondent be found guilty for violating Disciplinary Rules 2-103(B), (C), and (E) of the Code of Professional Responsibility and Rule 11.-02(3)(b) of the Integration Rule of The Florida Bar. The referee further recommended that respondent receive a public reprimand to be published in the Southern Reporter. In recommending a public reprimand, the referee noted the following considerations:
(1) Respondent had practiced law for seventeen years without any prior disciplinary convictions or disciplinary measures imposed.
(2) Respondent represented the three solicited clients successfully and with proper diligence.
(3) Respondent was candid and cooperative with the Grievance Committee and the referee.
(4) This referee was convinced that respondent would not repeat his misconduct.
After review of the referee’s report, the Board of Governors of The Florida Bar approved the referee’s finding of guilt but recommended a sixty (60) day suspension from the practice of law as a more appropriate disciplinary measure.
For the reasons expressed by the referee, we approve the referee’s recommended discipline and hereby order that respondent receive á public reprimand to be published in the Southern Reporter. Costs in the amount of $289.80 are hereby taxed against the respondent.
It is so ordered.
ENGLAND, C. J., and OVERTON, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur.
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THE Florida BAR v. Barrett, 897 So. 2d 1269 (Fla. 2005)…ension); Florida Bar v. Weinstein, 624 So. 2d 261 (Fla.1993) (disbarment); Florida Bar v. Stafford, 542 So. 2d 1321 (Fla.1989) (six-month suspension); Florida Bar v. Sawyer, 420 So. 2d 302 (Fla.1982) (eighteen-month suspension); Florida Bar v. Gaer, 380 So. 2d 429 (Fla.1980) (public reprimand). Moreover, the Standards authorize either disbarment or suspension in such circumstances, depending on the amount of harm or potential harm caused and on whether the conduct was intentional versus knowing. Compare Fla.…
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Agudo, Pineiro & Kates, P.A. v. Harbert Constr. Co., 476 So. 2d 1311 (Fla. 3d DCA 1985)…ts own terms, the statute seems to require some form of relationship or agency linking the person covered under the statute and the attorney. It is clear that the statute requires more than a mere referral or recommendation. The Florida Bar v. Gaer, 380 So. 2d 429 (Fla.1980); Pace v. State, 368 So. 2d at 343, (citing to State ex rel. Farber v. Williams). What is not clear, however, is what is meant by the phrase “to communicate ... with any attorney ... for the purpose of aiding, assisting or abetting ... sol…
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