THE FLORIDA BAR, COMPLAINANT,
v.
ROBERT HOWARD BURNS, RESPONDENT

Fla. | 1984-05-31
No. 63854
ADKINS, Acting C.J., and BOYD, OV-ERTON, EHRLICH and SHAW, JJ., concur.
451 So. 2d 479 Florida Supreme Court (1984)

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Synopsis

The Florida Bar disciplined attorney Robert Howard Burns for multiple violations of the Code of Professional Responsibility and Integration Rules, including engaging in illegal conduct involving moral turpitude and conduct prejudicial to the administration of justice. The Florida Supreme Court approved the referee's findings and disbarred Burns for a minimum of twenty years.


Holding

The Court found Burns guilty of violating Disciplinary Rules 1-102(A)(1), 1-102(A)(3), 1-102(A)(5), and 1-102(A)(6), as well as Florida Bar Integration Rules 11.02(2) and 11.02(3)(a). The Court approved the referee's recommendation and disbarred Burns from the practice of law for a minimum of twenty years, effective immediately.


Headnotes

[1] A lawyer shall not violate a disciplinary rule.

[2] A lawyer shall not engage in illegal conduct involving moral turpitude.

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Key Quotes

“a lawyer shall not violate a disciplinary rule; Disciplinary Rule 1-102(A)(3), a lawyer shall not engage in illegal conduct involving moral turpitude”

The primary disciplinary violations for which Burns was found guilty, establishing the core misconduct.

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Facts & Procedural History

Robert Howard Burns, a member of The Florida Bar, was the subject of a disciplinary complaint filed by The Florida Bar. A referee conducted the discip…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This disciplinary proceeding by The Florida Bar against Robert Howard Burns, 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 of The Florida Bar 11.09(1) has been filed.

Having considered the pleadings and evidence, the referee made findings of fact and offered the following recommendations as to guilt or innocence:

I recommend that the respondent be found guilty of the following violations of the Code of Professional Responsibility: Disciplinary Rule 1-102(A)(1), a lawyer shall not violate a disciplinary rule; Disciplinary Rule 1-102(A)(3), a lawyer shall not engage in illegal conduct involving moral turpitude; Disciplinary Rule 1-102(A)(5), a lawyer shall not engage in conduct prejudicial to the administration of justice; and Disciplinary Rule 1-102(A)(6), a lawyer shall not engage in any other conduct that adversely reflects upon his fitness to practice law.

In addition, I recommend the respondent be found guilty of violating Florida Bar Integration Rule 11.02(2), violation of the Code of Professional Responsibility ... is a cause for discipline and Florida Bar Integration Rule 11.02(3)(a), the commission by a lawyer of any act contrary to honesty, justice or good morales, whether the act is committed in the cause of his relations as an attorney or otherwise, ... constitutes a cause for discipline.

The referee recommends that respondent be disbarred and that he not be eligible for reinstatement for a period of not less than twenty (20) years.

Having carefully reviewed the record, we approve the findings and recommendations of the referee.

Accordingly, respondent, Robert Howard Burns, is hereby disbarred from the practice of law in the State of Florida for a period of not less than twenty (20) years, effective immediately.

Costs in the amount of $427.50 are hereby taxed against respondent.

It is so ordered.

ADKINS, Acting C.J., and BOYD, OV-ERTON, EHRLICH and SHAW, JJ., concur.


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