THE FLORIDA BAR, COMPLAINANT,
v.
JAMES W. AARON, RESPONDENT
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The Florida Supreme Court affirmed the referee's findings that attorney Aaron violated professional responsibility rules regarding trust account management and contingency fee agreements, imposing a public reprimand, one-year probation with quarterly trust account reviews, and costs.
An attorney who commingles funds, fails to maintain adequate trust account records, and fails to reduce a contingency fee agreement to writing violates professional responsibility rules and is subject to public reprimand and probation.
[1] An attorney who commingles client funds, fails to maintain adequate trust account records, and fails to reduce contingency fee agreements to writing violates professional…
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Join FLexlaw to unlock all legal intelligenceAttorney Aaron commingled client funds, failed to keep adequate trust account records, and failed to reduce a contingency fee agreement to writing. Th…
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PER CURIAM.
This disciplinary proceeding is before us on the complaint of The Florida Bar and the uncontested report of the referee. The referee found respondent guilty of violating article XI, Rule 11.02(4)(c) of the Integration Rule of The Florida Bar and sever al disciplinary rules of The Florida Bar Code of Professional Responsibility for commingling funds, failing to keep adequate trust account records and failing to reduce a contingency fee agreement to writing. In addition, the referee specifically found a lack of competent evidence indicating dishonesty and noted that respondent was “extremely cooperative” and “totally candid in his testimony.” The referee has recommended that respondent (1) receive a public reprimand, and (2) be placed on probation for one year, subject to certain conditions.
We accept the referee’s findings and recommendations. Accordingly, respondent is ordered to appear before the Board of Governors of The Florida Bar to receive a public reprimand and is hereby placed on probation for one year subject to the following terms:
1. The Florida Bar shall review Respondent’s trust account records on a quarterly basis;
2. Respondent, at his expense, shall provide The Florida Bar with quarterly caseload reports which would include whatever reasonable information is requested by the Bar. Judgment for costs in the amount of $1,022.76 is hereby entered against respondent, for which sum let execution issue.
It is so ordered.
McDonald, C.J., and ADKINS, OVER-TON, EHRLICH and BARKETT, JJ., concur.
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The Florida BAR v. Aaron, 606 So. 2d 623 (Fla. 1992)…nd HARDING, JJ., concur. BARKETT, C.J., dissents with an opinion. . The Florida Bar v, Aaron, 529 So. 2d 685 (Fla.1988). Aaron also received a public reprimand in 1986 for improper trust accounting records and procedures. The Florida Bar v. Aaron, 490 So. 2d 941 (Fla.1986). . Aaron has reimbursed the estate for the stock dividends he received and has executed a promissory note in the amount of $54,000.00 for money he owes the estate for excess attorney fees. . R.Regulating Fla.Bar 4-1.15(a). . R.Regulati…
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THE Florida BAR v. Aaron, 529 So. 2d 685 (Fla. 1988)…tions in the instant bar disciplinary proceeding. We havé jurisdiction. Art. V, § 15, Fla. Const. This Court recently upheld a finding that Aaron was guilty of technical trust account violations, publicly reprimanding him, The Florida Bar v. Aaron, 490 So. 2d 941 (Fla. 1986). Subsequent to the issuance of the order in that case The Florida Bar reviewed Aaron’s trust account records and determined that he was not in substantial minimum compliance with the Bar’s rules governing trust accounting. The Bar furthe…
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THE Florida BAR v. Hosner, 513 So. 2d 1057 (Fla. 1987)…e also been imposed in more serious cases where such misconduct has been combined with other additional violations and in second-offense cases. E.g., The Florida Bar v. Mitchell, 493 So. 2d 1018 (Fla.1986) (with probation); The Florida Bar v. Aaron, 490 So. 2d 941 (Fla.1986) (with probation); The Florida Bar v. Staley, 457 So. 2d 489 (Fla.1984) (with probation). As authority for its position that respondent should be suspended, the Bar cites the American Bar Association’s Standards for Imposing Lawyer Sancti…