THE FLORIDA BAR, COMPLAINANT,
v.
FRANK BYRON, RESPONDENT

Fla. | 1982-12-16
Nos. 61470, 61562
ALDERMAN, C.J., and ADKINS, OVER-TON, MCDONALD and EHRLICH, JJ, concur.
424 So. 2d 748 Florida Supreme Court (1982) Caution
Cited by 2 cases

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Synopsis

The Florida Supreme Court upheld disciplinary charges against attorney Frank Byron for failing to maintain accurate trust account records and violating trust accounting requirements in connection with estate administration. The Court affirmed the referee's recommendation for suspension but modified it to impose a definite three-year suspension followed by additional suspension until proof of rehabilitation.


Holding

The Court suspended Byron from practice for three years, followed by additional suspension until proof of rehabilitation is demonstrated. Proof of rehabilitation must include evidence of satisfactory alcoholic treatment, successful completion of a trust-accounting course, and passing the ethics portion of the Florida Bar exam.


Headnotes

[1] A lawyer's failure to maintain accurate trust account records and comply with minimum trust account requirements constitutes professional misconduct.

[2] Disciplinary Rule 1-102(A)(6) prohibits conduct that adversely reflects on a lawyer's fitness to practice law.

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Key Quotes

“article XI, Rule 11.10(4) of the Integration Rule of The Florida Bar "requires suspensions to be for a time certain and does not permit an indefinite period of suspension unless such period is preceded by a definite period of suspension."”

Establishes the legal requirement that disciplinary suspensions must have a definite duration, not indefinite periods, unless preceded by a fixed term.

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Facts & Procedural History

Respondent attorney Byron failed to keep accurate trust account records in administering a client's estate and did not maintain his trust account in c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This disciplinary proceeding is before us on the complaint of the Florida Bar and the report of the referee recommending that respondent be indefinitely suspended. The Florida Bar has petitioned for review. Respondent has failed to appear and file a response. We have jurisdiction. Art. V, § 15, Fla. Const. The alleged misconduct concerns the respondent’s failure to keep accurate trust account records in connection with the administration of a client’s estate and the respondent’s failure to maintain his trust account in compliance with the minimum requirements for trust account records and procedures. At the final hearing, respondent contended that he was merely guilty of “sloppy bookkeeping,” which he attributed to his alcoholism. The referee found respondent guilty of violating Florida Bar Code of Professional Responsibility, Disciplinary Rules 1-102(A)(6), 6-101, and 9-102(B)(3), and article XI, Rule 11.02(4) of the Integration Rule of The Florida Bar. The referee initially recommended that respondent be suspended from practice indefinitely, requiring proof of rehabilitation in two areas before respondent could be reinstated. The referee recommended that, as proof of rehabilitation, respondent be required to successfully complete an accredited course in bookkeeping and trust accounting and be successfully treated for alcoholism. The referee noted that respondent had previously been suspended for thirty days in 1980 and sixty days in 1981. The Florida Bar filed a motion for clarification of the referee’s disciplinary recommenda tion, noting that article XI, Rule 11.10(4) of the Integration Rule of The Florida Bar “requires suspensions to be for a time certain and does not permit an indefinite period of suspension unless such period is preceded by a definite period of suspension.” The referee filed a response to the Bar’s motion for clarification, advising that respondent could not be expected to be rehabilitated in a period of less than three years and stating that respondent should be suspended for “three years or until proof of rehabilitation ... is shown.”

We agree that the referee must recommend a definite period of suspension. We conclude and order that respondent be suspended from the practice of law for a period of three years, and thereafter until such time as proof of rehabilitation is shown. Respondent’s proof of rehabilitation shall include evidence of satisfactory alcoholic treatment, the successful completion of a trust-accounting course, and passing the ethics portion of the Florida Bar exam. Costs are assessed against respondent in the amount of $1,642.71.

It is so ordered.

ALDERMAN, C.J., and ADKINS, OVER-TON, MCDONALD and EHRLICH, JJ, concur.


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Citator

Cited By

  • THE Florida BAR v. Isis, 552 So. 2d 912 (Fla. 1989)
    …ng innocence. As for discipline, we note that the referee in this instance improperly recommended a range of discipline. The clear duty of the referee is to recommend a definite and precise form of discipline, not a range. The Florida Bar v. Byron, 424 So. 2d 748 (Fla.1982). We admonish referees to comply with this duty in the future. We adopt the referee’s findings and disbar Isis from the practice of law effective immediately upon the filing of this opinion. Judgment for costs in the amount of $876.00 is…

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