THE FLORIDA BAR, COMPLAINANT,
v.
HENRY R. BARKSDALE, RESPONDENT
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The Florida Supreme Court adopted a referee's recommendation to suspend attorney Henry R. Barksdale from practice for two years based on his misappropriation of client trust funds, requiring restitution of $25,769.37 plus interest and rehabilitation before reinstatement.
The Court adopted the referee's recommendation, suspending Barksdale from practice for two years and conditioning his reinstatement on proof of rehabilitation and restitution of $25,769.37 plus ten percent annual interest to the client's estate (or to the Clients' Security Fund if the estate was paid from that fund), with three years of probation and abstinence from alcohol upon reinstatement.
[1] A lawyer's misappropriation of client trust funds constitutes misconduct justifying disciplinary measures.
[2] A referee's recommendation for disciplinary action against a lawyer will be adopted as the court's judgment when neither party files a petition for review.
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Join FLexlaw to unlock all legal intelligence“That the respondent, Henry R. Barksdale, be found guilty by the Court of misconduct justifying disciplinary measures.”
The core finding of guilt in the disciplinary proceeding based on misappropriation of trust funds.
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Join FLexlaw to unlock all legal intelligenceBarksdale misappropriated trust funds belonging to a client, Margaret Berger, in the amount of $25,769.37. The referee found various mitigating circum…
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PER CURIAM.
In this disciplinary proceeding the report of the referee has been filed, but neither The Florida Bar nor respondent, Henry R. Barksdale, has filed a petition for review.
The referee found that Barksdale has misappropriated trust funds of a client. He also found various mitigating circumstances. The referee then recommended that the following judgment be entered:
I. That the respondent, Henry R. Barksdale, be found guilty by the Court of misconduct justifying disciplinary measures.
II. That the respondent be suspended from the practice of law for the term of two years, and that at the end of said term of suspension he be reinstated only upon proof of rehabilitation and restitution to the estate of Margaret Berger of the sum of $25,769.37, plus interest thereon from February 9th, 1979, at the rate of ten percent per annum. That in the event the estate has been paid the loss from the Clients’ Security Fund of The Florida Bar, then restitution should be made to said Fund.
III. That upon reinstatement respondent be placed on probation for three years conditioned upon his compliance with all Integration Rules of The Florida Bar, and upon his total abstinence from alcoholic beverages. IV. That respondent pay the costs of these proceedings in the sum of $800.79 within thirty days from the date of the Court’s judgment herein.
There being no petition for review, the recommendation of the referee is adopted as the judgment of this Court.
The suspension shall be effective March 2, 1981, thereby giving respondent time to close out his practice and take the necessary steps to protect his clients, and it is ordered that respondent shall not accept any new business.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND and McDONALD, JJ., concur. ALDERMAN, J., dissents with an opinion.
ALDERMAN, Justice,
dissenting.
The Court accepts the referee’s recommendation because there is no petition for review. Because I believe that respondent’s misconduct warrants disbarment, I would reject this recommendation and enter a judgment of disbarment.
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THE Florida BAR v. Barksdale, 427 So. 2d 170 (Fla. 1983)…)(3) in that he neglected a legal matter entrusted to him. The referee found that this violation arose during the same time as the events for which respondent has been previously suspended for two years by this Court in The Florida Bar v. Barksdale, 394 So. 2d 114 (Fla.1981). The referee then recommended the following: 1. That the Respondent, Henry R. Barksdale, be found 'guilty by the Court of misconduct justifying disciplinary measures. 2. That the Respondent be suspended from the practice of law for an a…
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THE Florida BAR v. Pincket, 398 So. 2d 802 (Fla. 1981)…on is the appropriate punishment. The suspension will commence as of the date of the temporary suspension and require proof of rehabilitation with full restitution. This punishment is similar to that imposed recently in The Florida Bar v. Barksdale, 394 So. 2d 114 (Fla.1981). We again reiterate that the misuse of clients’ funds is one of the most serious offenses a lawyer can commit, and we will not be reluctant to disbar an attorney for this type of offense even where there is restitution. The Florida Bar v…