THE FLORIDA BAR, COMPLAINANT,
v.
BRIAN J. FOGARTY, RESPONDENT
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The court adopts the referee's report and suspends the attorney from practice for six months, requiring a fee refund and payment of costs.
The attorney filed an unconditional guilty plea acknowledging violations of the Florida Bar Code of Professional Responsibility. A referee recommended…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Upon the filing of the Unconditional Guilty Plea and Consent Judgment for Discipline this Court appointed a referee to conduct a hearing regarding Fogarty’s alleged misconduct. The unconditional plea for consent judgment,* acknowledges his violation of Florida Bar Code of Profession- . al Responsibility, Disciplinary Rules 1-102(A)(1), (4), (5) and (6), and 6-101(A)(3). The referee recommended that Fogarty be found guilty in accordance with his unconditional plea and that he be suspended from the practice of law for a period of six (6) months and continuing thereafter until proof of rehabilitation; and further that respondent shall refund legal fees in the amount of Two Thousand Dollars and No Cents ($2,000.00) to his former client, Vickie L. Bennett.
Neither side contests the referee’s report which we hereby adopt. Accordingly, Brian J. Fogarty is hereby suspended from the practice of law for a period of six (6) months effective thirty (30) days from the filing of this opinion and continuing thereafter until proof of rehabilitation; and further is directed to refund legal fees in the amount of Two Thousand Dollars and No Cents ($2,000.00) to his former client, Vickie L. Bennett.
Judgment for costs in the amount of $521.23 is hereby entered against respondent, for which sum let execution issue.
It is so ordered. ADKINS, Acting C.J., and OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur. *
We feel it unnecessary to publish the full text of the plea. The Court file is open for inspection.
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