THE FLORIDA BAR, COMPLAINANT,
v.
JAMES C. COLLIER, RESPONDENT

Fla. | 1984-11-01
No. 64334
Adkins, Acting C.J., Overton, J., Alderman, J., McDonald, J., Shaw, J.
458 So. 2d 266 Florida Supreme Court (1984) Caution
Cited by 2 cases

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Synopsis

The Florida Supreme Court affirmed the referee's recommendation to suspend attorney James C. Collier from the practice of law for three years for violating multiple professional responsibility rules regarding client trust account management and failure to notify clients of fund receipt.


Holding

An attorney who fails to promptly notify clients of fund receipt, deposit client funds in a trust account, maintain complete records, and apply entrusted money for its intended purpose shall be suspended from practice for three years pending rehabilitation and restitution.


Headnotes

[1] An attorney's failure to promptly notify clients of fund receipt, deposit client funds in trust accounts, maintain complete records of client funds, and apply entrusted m…

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Facts & Procedural History

James C. Collier, an attorney, violated multiple Florida Bar rules by failing to properly handle client funds, including failing to notify clients of …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This disciplinary proceeding is before us on the three-count compalint of The Florida Bar and report of the referee recommending that respondent be found guilty of violating Florida Bar Integration Rule, article XI, Rule 11.02(4) (for failing to apply money entrusted to him by clients for the purpose for which he received the money) and Florida Bar Code of Professional Responsibility, Disciplinary Rules 9-102(B)(l) (for failing to promptly notify a client of the receipt of his funds); 9-102(B)(2) (for failing to deposit funds belonging to clients in a trust account); 9-102(B)(3) (for failing to maintain complete records of all funds of clients coming into his possession and to render appropriate accounts to his clients regarding them). The referee considered respondent’s personal history and past disciplinary record and recommended that he be suspended from the practice of law for a period of three years and thereafter until he shall prove his rehabilitation, which shall include making full restitution. No petition for review pursuant to Integration Rule 11.09(1) has been filed.

Having carefully reviewed the record, we approve the findings and recommendations of the referee. Respondent’s suspension is effective immediately. Respondent is currently under suspension and was given time to close out his practice and protect his clients prior to that suspension. The Florida Bar v. Collier, 435 So. 2d 802 (Fla. 1983). Costs are assessed against respondent in the amount of $534.30.

It is so ordered.

ADKINS, Acting C.J., and OVERTON, ALDERMAN, McDONALD and SHAW, JJ., concur.


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Citator

Cited By

  • THE Florida BAR v. Collier, 465 So. 2d 529 (Fla. 1985)
    …f law in the State of Florida for a period of three years and until rehabilitation is proven. This suspension is retroactive and shall commence to run November 1, 1984, to coincide with the suspension approved in The Florida Bar v. James C. Collier, 458 So. 2d 266 (Fla.1984). Respondent shall make restitution to his client, Mr. Thomas, in the amount of $160.00. Judgment for costs in the amount of $517.64 is hereby entered against respondent, for which let execution issue. It is so ordered. ADKINS, Acting C…

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