THE FLORIDA BAR, COMPLAINANT,
v.
EDWARD J. WINTER, JR., RESPONDENT

Fla. | 1987-04-23
No. 68541
McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
505 So. 2d 1337 Florida Supreme Court (1987) Caution
Cited by 2 cases

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Synopsis

The Florida Bar disciplined attorney Edward J. Winter, Jr. for violations of the Code of Professional Responsibility involving fee disputes with clients. The Supreme Court of Florida approved a consent judgment imposing a public reprimand and costs based on the parties' stipulation and prior precedent.


Holding

The court approved the referee's recommendation of a public reprimand, finding that such discipline is consistent with prior precedent (The Florida Bar v. Fields) and appropriate for the violations committed by Winter.


Headnotes

[1] A lawyer shall not engage in conduct that is prejudicial to the administration of justice.

[2] A lawyer shall not engage in any other conduct that adversely reflects on his fitness to practice law.

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Key Quotes

“dereliction in failing to reach fee agreements with clients before representing them, in failing to communicate with clients concerning their legitimate concerns and questions on fees, and in failing to properly supervise non-lawyer employees warrants public reprimand”

Establishes the applicable standard from Fields for disciplining attorneys who fail to manage fee matters properly with clients.

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Facts & Procedural History

Winter violated professional responsibility rules in six instances by engaging in conduct prejudicial to the administration of justice and conduct adv…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This disciplinary proceeding is before us on complaint of The Florida Bar, the par ties tendered stipulation for unconditional guilty plea for consent judgment of public reprimand, and the uncontested report of the referee. We have jurisdiction. Art. V, § 15. Fla. Const. We approve the referee’s report.

The Florida Bar filed a seven count complaint against respondent. The gravamen of the complaint was that respondent, in six instances, violated the Florida Bar Code of Professional Responsibility, Disciplinary Rules 1-102(A)(4), 1-102(A)(5), and 1-102(A)(6) by engaging in conduct involving dishonesty and/or fraud and/or deceit and/or misrepresentation, by not being zealous in avoiding fee controversies with clients, and by suing clients where there had been no fraud or gross imposition by the client. Following assignment of a referee, the parties entered into a stipulation, the operative portions of which read as follows:

9. That both parties are aware of the Supreme Court of Florida’s opinion in The Florida Bar v. Fields, 482 So. 2d 1354 (Fla.1986) (The Supreme Court held that dereliction in failing to reach fee agreements with clients before representing them, in failing to communicate with clients concerning their legitimate concerns and questions on fees, and in failing to properly supervise non-lawyer employees warrants public reprimand).

10. That Respondent’s [sic] unconditionally pleads guilty to violating Disciplinary Rules 1-102(A)(5) (A lawyer shall not engage in conduct that is prejudicial to the administration of justice) and 1-102(A)(6) (A lawyer shall not engage in any other conduct that adversely reflects on his fitness to practice law) of the Code of Professional Responsibility as alleged in all counts of The Florida Bar’s Complaint.

11. That Respondent admits that, in all instances alleged in The Florida Bar’s Complaint, Respondent should have been more zealous in avoiding controversies as to the amounts of fees with his clients.

12. That, consistent with the Fields case, Respondent is willing to accept a Public Reprimand to be published in the Southern Reporter and pay the costs of these proceedings.

13. That the Public Reprimand is consistent with the recommendation of The Florida Bar. 14. That both parties understand that this Stipulation must be approved by the Referee and then the Supreme Court of Florida.

15. That both parties believe that the disposition of this case is in accord with the Fields case.

Based on the stipulation and Fields, the referee found respondent guilty of violating Disciplinary Rules 1-102(A)(5) and 1-102(A)(6), and recommended that respondent be given a public reprimand.

We approve the referee’s report. Publication of this opinion in the Southern Reporter will serve as a public reprimand. Judgment for costs in the amount of $713.95 is hereby entered against respondent, for which sum let execution issue.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


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Citator

Cited By

  • Monroe C. Schiffman v. Dep't of Prof'l Reg., 581 So. 2d 1375 (Fla. 1st DCA 1991)
    …dentical, and neither authorizes permanent revocation of a license. . In its answer brief, the Board states that it found a case in which The Florida Bar determined that it had the power to permanently disbar an attorney, The Florida Bar v. Winter, 505 So. 2d 1337 (Fla.1987), and the Board analogizes that it has comparable authority. On the contrary, Winter does not involve permanent revocation, but instead involves an attorney who was merely given a public reprimand. The case is therefore inapplicable to the…

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