THE FLORIDA BAR, COMPLAINANT,
v.
THOMAS A. LARKIN, RESPONDENT
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The Florida Bar disciplined attorney Thomas A. Larkin for ethical violations including mishandling of trust funds and neglect of client cases, suspending him for 91 days and continuing suspension until he proves rehabilitation. This case reflects the Court's approach to attorney discipline based on prior similar misconduct and the attorney's attributed alcohol abuse.
The Court suspended Larkin for 91 days effective immediately, and continued suspension until he proves his rehabilitation. The Court rejected his request for retroactive application and concurrent running with his prior suspension, and imposed costs of $771.54 against him.
[1] Alcoholism may explain attorney misconduct but does not justify it.
[2] The mishandling of trust funds and neglect of a client's case are among the most serious ethical violations an attorney can commit.
Previewing 2 of 6 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“Protection of the public, punishment, rehabilitation of an attorney who commits ethical violations are three important purposes of disciplinary measures. Equally important purposes, however, are a deterrence to other members of the Bar and the creation and protection of a favorable image of the profession.”
Establishes the Court's multi-faceted approach to attorney discipline beyond just rehabilitation
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Join FLexlaw to unlock all legal intelligenceLarkin, a 61-year-old former Circuit Judge, had prior disciplinary history: a 1979 public reprimand and one-year probation for failing to file suit be…
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PER CURIAM.
This disciplinary proceeding by The Florida Bar against Thomas A. Larkin, a member of The Florida Bar, is presently before us on complaint of The Florida Bar and report of referee. Pursuant to article XI, Rule 11.06(9)(b) of the Integration Rule of The Florida Bar, the referee’s report and record were duly filed with this Court. No petition for review pursuant to Integration Rule 11.09(1) has been filed.
The uncontested referee’s report contains the following recommendations:
Respondent is 61 years old. He is a former Circuit Judge.
In 1979 Respondent received a public reprimand and one year probation for failing to file suit on behalf of his clients prior to the expiration of the applicable statutory time limitation for filing their claim.
In 1982 Respondent was suspended for 91 days for three counts of misconduct by the Florida Supreme Court in The Florida Bar v. Larkin, 420 So. 2d 1080 (Fla.1982). Both of the prior disciplinary cases involved conduct similar to the conduct of which Respondent is guilty of in this case.
Respondent applied for reinstatement in February, 1983, and his petition is scheduled for hearing August 26th.
Respondent attributes his violations to alcohol abuse and claims he has conquered his drinking problem. He has not had a drink in over a year. He says he delayed filing his petition for reinstatement until he could be certain he had conquered the drinking. Because of the duration of his actual suspension (one year as of August 26th) Respondent requests any recommended disciplinary measures to be imposed retroactively and run concurrent with the prior suspension.
Protection of the public, punishment, rehabilitation of an attorney who commits ethical violations are three important purposes of disciplinary measures. Equally important purposes, however, are a deterrence to other members of the Bar and the creation and protection of a favorable image of the profession. The latter will not occur unless the profession imposes visible and effective disciplinary measures when serious violations occur. The mishandling of trust funds and neglect of a client’s case are among the most serious violations which an attorney can commit. Alcoholism explains the violations, it does not justify them.
Respondent’s delay in applying for reinstatement was his own decision. Apparently he did not believe he was ready for reinstatement until February of 1983. Further delay in pursuing his petition was obviously influenced by this case and the civil case which was filed by Dees against Respondent and not settled until March.
The Referee recommends that Respondent be suspended from the practice of law for a period of ninety-one days from the date of the order of suspension and thereafter until he shall prove his rehabilitation.
We approve the referee’s recommendations and suspend respondent for ninety-one days effective today and thereafter until he proves rehabilitation.
Costs in the amount of $771.54 are hereby taxed against the respondent.
It is so ordered.
ADKINS, Acting C.J., and BOYD, OV-ERTON, MCDONALD and EHRLICH, JJ., concur.
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THE Florida BAR v. Jahn, 509 So. 2d 285 (Fla. 1987)…d of three years, with the suspension to be retroactive from June 12, 1985. Based upon these facts, we find the referee’s recommendation to be entirely reasonable and will serve the purposes of bar discipline set forth in The Florida Bar v. Larkin, 447 So. 2d 1340 (Fla.1984). An attorney with a chemical dependency problem, whether the drug of his choice is legal such as alcohol, or illegal such as cocaine, should be encouraged to seek treatment to rid himself of the dependency. We have held in prior bar disc…
Authorities Cited
- THE Florida BAR v. Larkin, 420 So. 2d 1080 (Fla. 1982)