THE FLORIDA BAR, PETITIONER,
v.
RONALD FATH, RESPONDENT
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The Florida Supreme Court affirmed a referee's finding that attorney Ronald Fath neglected a divorce matter entrusted to him, and imposed a six-month suspension consecutive to an existing two-year suspension plus costs, rejecting the referee's recommended public reprimand and probation as inadequate given Fath's prior disciplinary history.
An attorney who fails to diligently pursue a divorce action for a paying client commits neglect of a legal matter warranting suspension beyond the recommended public reprimand when the attorney has prior disciplinary violations.
[1] An attorney's prior disciplinary history may warrant discipline more severe than that recommended by a referee for neglect of a legal matter.
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Join FLexlaw to unlock all legal intelligenceRonald Fath was hired by a client to handle a divorce action and was paid for that purpose, but failed to diligently pursue the matter. Fath had prior…
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PER CURIAM.
This is a disciplinary action brought by The Florida Bar against Ronald Fath.
Following an evidentiary hearing the referee recommended that Mr. Fath be found guilty of neglecting a legal matter entrusted to him in that he failed to diligently pursue a divorce action for a client who had paid him for that purpose. The referee also recommended that Fath be found not guilty of a charge of neglecting an appeal for a criminal defendant. Our review of the record supports these recommendations, and we adopt them.
As punishment the referee has recommended a public reprimand and six months probation. In view of other disciplinary actions against respondent,* we feel that this is inadequate punishment and that Mr. Fath should be suspended an additional six months and pay costs of this proceeding.
Accordingly, Ronald Fath is suspended for an additional six months to run consecutively from the two-year suspension currently imposed against him. Costs in the amount of $835.56 are to be paid by the respondent.
It is so ordered.
ADKINS, Acting C. J., and BOYD, OVERTON and McDONALD, JJ., concur. ENGLAND, J., dissents with an opinion.
*
The Florida Bar v. Fath, 386 So. 2d 787 (Fla.1980); The Florida Bar v. Fath, 368 So. 2d 357 (Fla.1979).
ENGLAND, Justice,
dissenting.
As I indicated the last time Mr. Fath came to us with disciplinary problems, The Florida Bar v. Fath, 386 So. 2d 787 (Fla.1980), I would remove him from the roll of attorneys in Florida by disbarment.
Cases With Similar Vibessemantic neighbors from the corpus
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THE Florida BAR v. Grant, 514 So. 2d 1075 (Fla. 1987)…line than might dissimilar conduct.” The Florida Bar v. Bern, 425 So. 2d 526, 528 (Fla.1982). We find the recommended discipline appropriate in the instant case. See e.g., The Florida Bar v. Hunt, 417 So. 2d 967 (Fla.1982); The Florida Bar v. Fath, 391 So. 2d 213 (Fla.1980). We, therefore, approve the referee’s report and adopt his recommendations. Richard Wayne Grant is hereby suspended from the practice of law for a period of four months and thereafter until he furnishes proof of rehabilitation. This suspe…
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THE Florida BAR v. Williams, 753 So. 2d 1258 (Fla. 2000)…la.1982) (one-year suspension imposed for neglecting a client’s case, for engaging in conduct prejudicial to the administration of justice, and for engaging in conduct adversely reflecting on a lawyer’s fitness to practice law); Florida Bar v. Fath, 391 So. 2d 213 (Fla.1980) (six-month suspension imposed on attorney with prior history of misconduct for faffing to diligently pursue a case on behalf of a client). Rather, we conclude that the referee’s recommendation of enhanced discipline is in accord with the…
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Hernandez v. Wainwright, 634 F. Supp. 241 (S.D. Fla. 1986)…transcript will be designated by a “T;” references to the evidentiary hearing will be marked by "R.” 2 . Florida Bar v. Fath, 368 So.2d 357 (Fla. 1979); Florida Bar v. Fath, 386 So.2d 787 (Fla.1980); Florida Bar v. Fath, 391 So.2d 213 (Fla.1980). 3 . The double jeopardy clause of the Fifth Amendment guarantees that “no person shall be subject for the same offense to be twice put in jeopardy of life of limb." U.S. Constitution, Amendment V.…
Authorities Cited
- THE Florida BAR v. Fath, 368 So. 2d 357 (Fla. 1979)
- THE Florida BAR v. Fath, 386 So. 2d 787 (Fla. 1980)