THE FLORIDA BAR, COMPLAINANT,
v.
B. GARNETT PAGE, RESPONDENT
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The Florida Bar disciplined attorney B. Garnett Page for accepting a $1,000 fee to represent a criminal defendant, then completely failing to represent the client, provide court appearances, or refund any portion of the fee. The Florida Supreme Court suspended Page from practice for three years and required restitution, finding multiple violations of the Code of Professional Responsibility.
Respondent violated seven provisions of the Code of Professional Responsibility by failing to represent the client after accepting a fee, withdrawing from representation without court permission or attending to the client's interests, failing to refund the unearned fee portion, and neglecting the legal matter entrusted to him.
[1] An attorney's failure to represent a client after accepting a fee, to attend court appearances, or to refund unearned fees constitutes a violation of professional respons…
[2] An attorney's conduct that adversely reflects on fitness to practice law, involves withdrawal from representation without court permission or protection of client interes…
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Join FLexlaw to unlock all legal intelligence“The Bar's complaint charges respondent with failure to represent a client in a criminal matter after agreeing to do so and accepting a fee.”
States the core disciplinary charge against Page
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Join FLexlaw to unlock all legal intelligenceRespondent Page accepted a $1,000 fee to represent a client in a criminal matter but then failed to represent the client. Shortly after receiving paym…
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PER CURIAM.
This attorney-discipline proceeding is before the Court on the complaint of The Florida Bar and the report of a referee. Art. V, § 15, Fla.Const.; Fla. Bar Integr.R., art. XI, Rule 11.09.
The Bar’s complaint charges respondent with failure to represent a client in a criminal matter after agreeing to do so and accepting a fee. The referee found that respondent received a fee of $1,000 but then failed to represent the client. Soon after the payment of the fee, neither the client, his family, nor his friends were able to make any contact with respondent. Respondent did not attend when the client had to appear in court. Neither did he refund any of the money paid him as a fee.
The referee found that respondent violated the Code of Professional Responsibility, Disciplinary Rules 1-102(A)(6) (conduct adversely reflecting on fitness to practice law), 2-110(A)(l) (withdrawal from representation without court permission), 2-110(A)(2) (withdrawal without attending to protection of client’s interests), 2-110(A)(3) (withdrawal without refunding unearned portion of fee), 6-101(A)(3) (neglect of a legal matter entrusted to lawyer by client), 7-101(A)(2) (failure to carry out a contract of employment), and 7-101(A)(3) (conduct causing prejudice or damage to client).
The referee recommends that respondent be suspended from the practice of law for three years, that he be required to make restitution of $500 each to the client and to the Florida Bar Client Security Fund, and that he attend and complete, including successful completion of an examination, a course in legal ethics offered by a law school.
We approve and adopt the referee’s findings and recommendations. The respondent is hereby suspended under the above-stated conditions. Costs of these proceedings are assessed against respondent in the amount of $429.00.
In a separate disciplinary proceeding in 1980, we placed respondent on probation. The Florida Bar v. Page, 381 So. 2d 1357 (Fla.1980). On May 5, 1981, we suspended respondent from the practice of law for failure to comply with the conditions of his probation. Pursuant to that order respondent is currently under suspension until such time as he demonstrates compliance with the terms of his probation. The suspension we order today is imposed consecutively to respondent’s current suspension. That is, the period of suspension shall commence when respondent’s current suspension terminates.
It is so ordered.
ALDERMAN, C. J., and BOYD, OVER-TON, MCDONALD and EHRLICH, JJ., concur.
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Citator
Cited By
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THE Florida BAR v. Page, 475 So. 2d 1236 (Fla. 1985)…disbarred because of his cumulative misconduct. We also adopt the referee’s recommendation that Page not be considered for readmission until he has shown rehabilitation, compliance with the order to show cause referred to in The Florida Bar v. Page, 419 So. 2d 332 (Fla. [*1237] 1982), and successful completion of the bar exam. Because Page has been under a still-current suspension for the last four years, we order that his name be stricken immediately from the roll of attorneys permitted to practice law in Fl…1 / 2
Authorities Cited
- THE Florida BAR v. Page, 381 So. 2d 1357 (Fla. 1980)