THE FLORIDA BAR, COMPLAINANT,
v.
JOHN LARSON LUND, RESPONDENT
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The Florida Supreme Court reviewed a referee's findings regarding an attorney's misconduct in failing to timely file a brief in a criminal appeal, which led to dismissal and contempt charges.
The Court accepted the referee's findings that the respondent violated disciplinary rules by failing to prosecute the appeal and recommended disciplinary measures.
Respondent, an attorney, failed to timely file a brief in a criminal appeal, despite extensions and court orders. This resulted in the dismissal of th…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In this disciplinary proceeding the referee has recommended that the respondent, a member of the Florida Bar, be found guilty of violation of the Florida Bar Code of Professional Responsibility Disciplinary Rules 1-102(AX1), 1-102(A)(4), 1-102(A)(5), and 1-102(A)(6).* The complaint arises from testimony that the respondent had given before a grievance committee hearing. The respondent admits that a small portion of his testimony turned out to be untrue, but that he was unaware of its untruthfulness and that there was no intentional misrepresentation. He urges this Court that the referee’s findings of fact do not support a conclusion of a violation of any disciplinary rule.
We reject that contention and approve the referee’s report. We also adopt the referee’s recommendation of discipline and suspend John Larson Lund for a period of ten days. The suspension shall be effective March 29, 1982, 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. He is further directed to pay costs in the sum of $684.20 to the Florida Bar. It is so ordered.
SUNDBERG, C. J., and ADKINS, OVER-TON and McDONALD, JJ., concur. BOYD, J., dissents.
*
DR 1-102 Misconduct
(A) A lawyer shall not:
(1) Violate a Disciplinary Rule.
** (4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(5) Engage in conduct that is prejudicial to the administration of justice.
(6)Engage in any other conduct that adversely reflects on his fitness to practice law.
Cases With Similar Vibessemantic neighbors from the corpus
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THE Florida BAR v. Tobkin, 944 So. 2d 219 (Fla. 2006)…o. 2d 891, 892 (Fla.1987) (failing to file a probate action, failing to communicate with a client, and misrepresenting the status of the case to a client); Fla. Bar v. Stein, 471 So. 2d 36, 37 (Fla.1985) (neglecting legal matters); Fla. Bar v. Lund, 410 So. 2d 922, 923 (Fla.1982) (admitting a small portion of respondent’s testimony before the griev- [*226] anee committee was untrue, although he claimed it was unintentional). Tobkin, on the other hand, engaged in many acts of misconduct, intentionally violate…
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The Florida BAR v. Glick, 693 So. 2d 550 (Fla. 1997)…resentation to the Bar. See Florida Bar v. Morrison, 496 So. 2d 820, 821 (Fla.1986) (imposing ten-day suspension where attorney failed to timely file appellate brief and later misrepresented matters during disciplinary process); Florida Bar v. Lund, 410 So. 2d 922, 923 (Fla.1982) (imposing ten-day suspension when attorney admitted small portion of testimony before grievance committee was untrue despite contentions that it was unintentional); cf. Florida Bar v. Grosso, 647 So. 2d 840, 841 (Fla.1994) (suspendin…