THE FLORIDA BAR, COMPLAINANT,
v.
HARVEY RONALD KENNEDY, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reviewed a disciplinary case against attorney Harvey Ronald Kennedy, who had transferred association funds into a fictitious account while serving as vice president of a savings and loan association. The Court approved the referee's finding of professional misconduct but modified the recommended discipline, requiring suspension not only during federal probation but also until Kennedy passes all parts of the Florida Bar Examination and restores his civil rights.
The Court approved the finding of professional misconduct but enhanced the discipline beyond the referee's recommendation. Kennedy shall be suspended from practice for the period of federal probation and until he passes all parts of the Florida Bar Examination, with the additional requirement that suspension continue until he restores his civil rights.
[1] A lawyer's conviction for a federal offense involving fraudulent pretenses warrants disciplinary action.
[2] A referee's recommendation for disciplinary sanctions against a lawyer is subject to review by the court.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While serving as vice president of a savings and loan association, respondent transferred funds belonging to the association into an account he established under a fictitious name.”
Establishes the factual basis for the professional misconduct charges
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWhile serving as vice president of a savings and loan association, Kennedy transferred funds belonging to the association into an account established …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Bar Code Of Professional Responsibility cases and more on FLexlaw
PER CURIAM.
This disciplinary proceeding is before us to review a referee’s report recommending that respondent be suspended from the practice of law during the period of his federal probation and until such time as he successfully passes the ethics portion of the Florida Bar Examination. The Florida Bar has filed a petition for review, asking this Court to reject the referee’s recommendation and instead disbar the respondent. We have jurisdiction. Art. V, § 15, Fla. Const. While serving as vice president of a savings and loan association, respondent transferred funds belonging to the association into an account he established under a fictitious name. Respondent claims that he did this to reimburse himself for extra services he was providing. Respondent was indicted by a federal grand jury for devising a scheme to obtain money by false and fraudulent pretenses. He pled guilty to this offense and was placed on probation for three years.
The Florida Bar filed a Notice of Felony Conviction with this Court, and we suspended respondent from the practice of law on February 15, 1981. Subsequently The Florida Bar filed a complaint, initiating a disciplinary proceeding. The referee found that respondent had breached fiduciary duties in violation of Florida Bar Code of Professional Responsibility, Disciplinary Rules 1-102(A)(1), (3), (4), and (6). Apparently because respondent had never been disciplined and because he exhibited remorse, the referee recommended that respondent be suspended for the period of his federal probation and until such time he successfully passes the ethics portion of the Florida Bar Examination.
We approve the referee’s finding of professional misconduct. We adopt the referee’s recommended discipline in part. Respondent shall be suspended from the practice of law for the period of his federal court-ordered probation and until he shall have passed all parts of the Florida Bar Examination. Moreover, respondent’s suspension shall continue until he establishes restoration of his civil rights.
It is so ordered.
BOYD, Acting C.J., and McDONALD, EHRLICH and SHAW, JJ., concur. OVERTON, J., dissents with an opinion.
OVERTON, Justice,
dissenting.
I disagree with the discipline imposed by the majority opinion. The record in my view requires disbarment.