THE FLORIDA BAR, COMPLAINANT,
v.
FREDERICK O. LEOPOLD, RESPONDENT
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The court held that disbarment is the appropriate discipline for a lawyer who misappropriates client funds, considering prior misconduct.
[1] Misappropriation of client trust funds for personal use constitutes a serious offense warranting severe disciplinary action.
[2] Commingling of private funds with client trust account funds violates professional conduct rules.
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Join FLexlaw to unlock all legal intelligenceFrederick O. Leopold was found to have misappropriated client funds and commingled them with his own. He had prior disciplinary actions, including a p…
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PER CURIAM.
Frederick 0. Leopold was temporarily suspended from The Florida Bar on June 27, 1979. This Court appointed a referee who was directed to hold hearings and to take testimony necessary to establish the facts and to report his findings and recom mendations to the Court. This cause is now before us on the referee’s report and The Florida Bar’s petition for review.
The referee found that Leopold misappropriated funds from his clients’ trust account for his personal use and commingled his private funds with his trust account funds. Leopold has repaid his clients all misappropriated funds except approximately $1,700 which is being held in a court registry because of disputed ownership. We approve and adopt the referee’s findings of fact.
The referee recommends that Leopold be found guilty of violating Florida Bar Integration Rule, article XI, Rule 11.02(4)(a) and recommends that Leopold be suspended from The Florida Bar for two years with certain conditions. The Florida Bar’s review petition objects to a two-year suspension and argues that disbarment is the appropriate discipline.
This is not the first time that Leopold has exhibited an inability to conduct his activities according to the profession’s standards. He was privately reprimanded by The Florida Bar’s Board of Governors in 1966 and was publicly reprimanded by this Court in 1975. The Florida Bar v. Leopold, 320 So. 2d 819 (Fla.1975). Considering this prior misconduct with his present reprehensible misconduct — one of the most serious offenses a lawyer can commit — in determining the appropriate discipline, we agree with The Florida Bar that disbarment of Leopold is warranted. The Florida Bar v. Breed, 378 So. 2d 783 (Fla.1979).
Accordingly, Leopold is disbarred effective immediately. Costs of $6,156.88 are hereby taxed against him.
It is so ordered.
SUNDBERG, C. J., and OVERTON, ENGLAND and ALDERMAN, JJ., concur. ADKINS, BOYD and McDONALD, JJ., concur in the finding of misconduct, but would suspend as recommended by referee and require payment of costs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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THE Florida BAR v. Bern, 425 So. 2d 526 (Fla. 1982)…be placed upon probation for a period of six months to three years. In rendering discipline, this Court considers the respondent’s previous disciplinary history and increases the discipline where appropriate-. See e.g., The Florida Bar v. Leopold, 399 So. 2d 978 (Fla.1981); The Florida Bar v. Greenspahn, 396 So. 2d 182 (Fla.1981); The Florida Bar v. Ryan, 396 So. 2d 181 (Fla.1981); The Florida Bar v. Greenspahn, 386 So. 2d 523 (Fla.1980); The Florida Bar v. Vernell, 374 So. 2d 473 (Fla.1979); The Florida Ba…
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THE Florida BAR v. Diaz-Silveira, 557 So. 2d 570 (Fla. 1990)…ent would be appropriate in the instant case since the respondent also engaged in the deliberate act of check kiting and had previously been disciplined for misconduct of a similar nature. Disbarment was also warranted by The Florida Bar v. Leopold, 399 So. 2d 978 (Fla.1981), where-an attorney who had previously been disciplined was disbarred for misappropriation and commingling of client funds. See also The Florida Bar v. Harris, 400 So. 2d 1220 (Fla.1981). The referee also noted that the Florida Standards f…
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THE Florida BAR v. McSHIRLEY, 573 So. 2d 807 (Fla. 1991)…The Florida Bar v. Diaz-Silveira, 557 So. 2d 570 (Fla. 1990); The Florida Bar v. Mims, 532 So. 2d 671 (Fla.1988); The Florida Bar v. Roman, 526 So. 2d 60 (Fla.1988); The Florida Bar v. Knowles, 500 So. 2d 140 (Fla.1986); The Florida Bar v. Leopold, 399 So. 2d 978 (Fla.1981). In determining the appropriate discipline to impose in a particular case, we must remain mindful of the purpose of attorney discipline. First, the judgment must be fair to society, both in terms of protecting the public from unethical…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Breed, 378 So. 2d 783 (Fla. 1979)
- THE Florida BAR v. Leopold, 320 So. 2d 819 (Fla. 1975)