THE FLORIDA BAR, COMPLAINANT,
v.
ROBERT E. KNOWLES, RESPONDENT

Fla. | 1986-12-30
No. 66822
McDonald, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
500 So. 2d 140 Florida Supreme Court (1986) Caution
Cited by 20 cases

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Holding

The court held that disbarment is warranted for misappropriation of client funds, even when alcoholism is a contributing factor, but the disbarment commencement date can be adjusted.


Headnotes

[1] Misappropriation of client trust funds by an attorney warrants disbarment, even when alcoholism is identified as the underlying cause of the misconduct.

[2] An attorney's successful rehabilitation from alcoholism and prompt restitution to clients may be considered in determining the commencement date of a disbarment, but do n…

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Facts & Procedural History

Respondent attorney misappropriated nearly $200,000 from client trust accounts over several years. He was subsequently suspended, charged with grand t…

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Opinion of the Court
BARKETT, Justice.

BARKETT, Justice.

This disciplinary proceeding is before us on complaint of The Florida Bar and the referee’s report. Respondent has filed a petition for review, contesting the referee’s recommended discipline as excessively harsh. We have jurisdiction. Art. V, § 15, Fla. Const. Neither side contests the referee’s findings of fact. Between August 1979 and May 1983, respondent Knowles converted to his own personal use a total of $197,900 from the trust fund accounts of several of his clients.

The misappropriations were brought to the attention of The Florida Bar in August 1983, and on September 14, 1983, Knowles was suspended from the practice of law by order of the Supreme Court. He was later charged with eight counts of grand theft to which he pleaded no contest. Adjudication of guilt was withheld, and Knowles was sentenced to two years probation, three hundred hours of community service, and a $14,000 fine.

An admitted alcoholic, Knowles went into an alcohol rehabilitation center where he resided until treatment was terminated. Since then, Knowles has continued his rehabilitation through Alcoholics Anonymous and private therapy. He has consumed no alcoholic beverages since August 1983.

The referee recommended that Knowles be found guilty of violating Disciplinary Rules 1-102(A)(4) (conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(6) (conduct that adversely reflects on fitness to practice law), 9-102(A) (failure to deposit client’s funds into an identifiable bank or savings and loan association), 9-102(B)(3) (failure to maintain complete records of clients’ property), and 9-102(B)(4) (failure to promptly deliver to client property client is entitled to receive) of the Code of Professional Responsibility, as well as article XI, Rules 11.02(3)(a) (committing acts contrary to honesty, justice, or good morals), 11.02(4) (misappropriation of trust funds), and 11.02(4)(b) (failure to maintain records of clients’ funds and accounts) of the Integration Rule, and Bylaws Section 11.02(4)(c) (failure to apply proper trust accounting procedures). The referee recommended that respondent be disbarred for a minimum of three years.

Knowles argues that the recommended discipline is unduly harsh in light of the role that alcoholism played in causing his misconduct and his subsequent successful efforts towards rehabilitation. Knowles points out that he has not practiced law since September 1983, and that adoption of the referee’s recommendation will prevent him from practicing for a total of at least seven years even though he stopped drinking in August 1983.

We agree with the referee and the Bar that the seriousness of the offense in this case warrants disbarment. See The Florida Bar v. Breed, 378 So. 2d 783 (Fla.1979) (Court will not be reluctant to disbar an attorney for misuse of clients’ funds); The Florida Bar v. Harris, 400 So. 2d 1220 (Fla.1981) (continuing pattern of conversion of clients’ funds, failure to account for clients’ trust funds, and failure to maintain trust records warrant disbarment). Although we recognize that alcoholism was the underlying cause of respondent’s misconduct, it cannot constitute a mitigating factor sufficient to reverse the referee’s recommendation to disbar under the facts in this case. The misappropriations occurred continuously over a period of approximately four years. During this time, respondent continued to work regularly. His income did not diminish discernably as a result of his alcoholism. We note further that the clients from whom he stole were elderly individuals who trusted him and for whom he held powers of attorney. Under these circumstances, we believe respondent should be disbarred regardless of his defense of alcoholism.

We do recognize, however, that respondent has ceased drinking and that he has his alcoholism under control. We note, too, that respondent promptly made restitution to his clients and, prior to this complaint, he had no disciplinary record. Taking these factors into account, we believe that the disbarment should run concurrently, nunc pro tunc, with the suspension which became effective September 14, 1983.

Accordingly, we adopt the referee’s report and recommendation with the modification that respondent be disbarred nunc pro tunc commencing on September 14, 1983, without leave to reapply for admission to the Bar until he has successfully completed his criminal probation. Judgment for costs in the amount of $1,377.81 is hereby entered against respondent, for which sum let execution issue.

It is so ordered.

McDonald, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • THE Florida BAR v. Shanzer, 572 So. 2d 1382 (Fla. 1991)
    …55 (Fla.1989); The Fla. Bar v. Fitzgerald, 541 So. 2d 602 (Fla.1989); The Fla. Bar v. Gillis, 527 So. 2d 818 (Fla.1988); The Fla. Bar v. Newhouse, 520 So. 2d 25 (Fla.1988); The Fla. Bar v. Bookman, 502 So. 2d 893 (Fla.1987); The Fla. Bar v. Knowles, 500 So. 2d 140 (Fla.1986); The Fla. Bar v. Rodriguez, 489 So. 2d 726 (Fla.1986); The Fla. Bar v. Ross, 417 So. 2d 985 (Fla.1982). In the case before us, we likewise fail to find that the mitigating evidence submitted warrants a discipline less than disbarment.2 R…
  • THE Florida BAR v. Shuminer, 567 So. 2d 430 (Fla. 1990)
    …all pay costs of this proceeding of $2,956.10. The Bar filed a petition for review with this Court seeking disbarment rather than the recommended discipline. We find this case to be nearly identical to that presented in The Florida Bar v. Knowles, 500 So. 2d 140 (Fla.1986), another instance of misappropriation of trust account funds. There, even though Knowles made full restitution, had no prior disciplinary record, and had successfully completed an alcoholic rehabilitation program, we found that disbarment…
  • THE Florida BAR v. Newman, 513 So. 2d 656 (Fla. 1987)
    …ses a lawyer can commit. The Florida Bar v. Breed, 378 So. 2d 783 (Fla.1979). This Court has not hesitated to find disbarment justified in cases where attorneys have demonstrated a pattern of misuse of client funds. E.g., The Florida Bar v. Knowles, 500 So. 2d 140 (Fla.1986) (the attorney’s pattern of converting client funds to his own use warrants disbarment); The Florida Bar v. Harris, 400 So. 2d 1220 (Fla.1981) (attorney’s continued and irresponsible pattern of converting client funds warrants disbarment).…

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