THE FLORIDA BAR, COMPLAINANT,
v.
ROGER M. SHERMAN, RESPONDENT
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Roger M. Sherman, a Florida attorney admitted in 1967, petitioned to voluntarily resign from the Florida Bar pending disciplinary proceedings while retaining the right to apply for reinstatement. The Florida Supreme Court granted the petition, striking Sherman's name from the roll of attorneys.
The Florida Supreme Court granted Sherman's petition for leave to resign pending disciplinary proceedings with the right to apply for reinstatement, striking his name from the roll of attorneys effective immediately.
[1] A lawyer may petition for leave to resign pending disciplinary proceedings with the right to apply for reinstatement.
[2] A conviction for failure to file federal income tax returns can be grounds for disciplinary proceedings against an attorney.
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Join FLexlaw to unlock all legal intelligence“the petitioner [respondent] was sentenced by the United States District Court for the Northern District of Florida to one year imprisonment and a fine of $10,000.00 for his failure to file Federal Income Tax returns for the years 1978, 1979 and 1980”
Establishes the factual basis for the disciplinary proceedings—Sherman's federal criminal conviction
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Join FLexlaw to unlock all legal intelligenceSherman was admitted to practice law in Florida in 1967. In September 1983, he was sentenced by the U.S. District Court for the Northern District of F…
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PER CURIAM.
This matter is before the Court on respondent’s petition for leave to resign pending disciplinary proceedings with right to apply for reinstatement pursuant to The Florida Bar Integration Rule, article XI, Rule 11.08.
The petition states:
1. That the petitioner [respondent] was admitted to practice law in the State of Florida in 1967.
2. That on September 12, 1983, the respondent was sentenced by the United States District Court for the Northern District of Florida to one year imprisonment and a fine of $10,000.00 for his failure to file Federal Income Tax returns for the years 1978, 1979 and 1980.
3. That two grievance complaints have been filed against the petitioner [respondent], on one of which the Grievance Committee found probable cause and which is presently pending hearing before a referee pursuant to this Court’s order of January 30, 1984. This complaint is based upon petitioner’s [respondent’s] conviction and sentence by the United States District Court for the Northern District of Florida as set forth above.
4. That the remaining complaint against petitioner [respondent] consists of a charge that your petitioner [respondent] neglected to adequately represent matters entrusted to him by a client.
5.Petitioner [respondent] believes it to be in the best interest of the Florida Bar, the public, and himself that he voluntarily resign from the Florida Bar. The Florida Bar having now filed its response supporting the petition and the Court having reviewed the same and determined that the requirements of rule 11.-08(3) are fully satisfied, the petition for leave to resign pending disciplinary proceedings with right to apply for reinstatement is hereby granted, and Roger M. Sherman’s name is hereby stricken from the roll of attorneys in the State of Florida effective this date.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDonald and SHAW, JJ., concur.