THE FLORIDA BAR, COMPLAINANT,
v.
STEPHEN ANTHONY FLYNN, RESPONDENT
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The Florida Bar disciplined attorney Stephen Anthony Flynn for professional misconduct arising from his response to a client's complaint about inadequate legal services. After a judge suggested the client file a grievance, Flynn denied wrongdoing and threatened to file judicial and civil rights actions against the judge unless he retracted findings of inadequate representation, violating rules against conduct reflecting unfitly on his fitness to practice and making false accusations against a judge.
Flynn violated the Integration Rule requiring consistency with honesty, justice and good morals, and violated Disciplinary Rules prohibiting conduct adversely reflecting on fitness to practice law, threatening to present charges solely to obtain an advantage, and making false accusations against a judge. The appropriate discipline is a public reprimand to be administered through personal appearance before the Board of Governors.
[1] A conditional guilty plea and consent judgment on discipline in a bar disciplinary proceeding may be approved by the court upon recommendation of a referee.
[2] An attorney's denial of informing a client about probation, coupled with accusations against a judge and threats of legal action, can constitute professional misconduct.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Respondent stated his intention to file a judicial grievance and a civil rights action against the judge unless the judge withdrew or retracted his findings in this regard.”
Establishes Flynn's threat to file legal action solely to obtain an advantage in the disciplinary matter, violating rules against such conduct.
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Join FLexlaw to unlock all legal intelligenceFlynn represented a client who was charged with probation violation. When the client informed a circuit judge that Flynn had never told her she was on…
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PER CURIAM.
This disciplinary proceeding is before the Court for approval of a referee’s report recommending acceptance of a conditional guilty plea and consent judgment on discipline.
When a former client of respondent’s was charged with violating probation, she told a circuit judge that respondent had never informed her she was on probation. The judge ordered respondent to appear before him, made an inquiry, and suggested to the accused probationer that she file a grievance with The Florida Bar. In response to the Bar’s inquiries, respondent wrote letters to the Bar and to a grievance committee in which he denied failing to inform his client that she had been placed on probation and accused the judge of improper conduct in the matter. Respondent took the position that the judge had wronged him by making record findings that he had rendered inadequate legal services to the client. Respondent stated his intention to file a judicial grievance and a civil rights action against the judge unless the judge withdrew or retracted his findings in this regard.
The Bar filed a formal complaint charging misconduct and a referee was appointed. Respondent filed a conditional guilty plea to charges of professional misconduct in exchange for a recommendation of an agreed measure of discipline. Respondent and the Bar submitted a consent judgment for consideration by the referee. The agreed and recommended measure of discipline was a public reprimand to be administered through a personal appearance before the Board of Governors of The Florida Bar. The referee accepted the plea, found facts accordingly, and recommended imposition of the agreed discipline.*
We approve the referee’s repoit. Attorney Stephen Anthony Flynn shall appear before the Board of Governors and be given a public reprimand. The costs of this proceeding are taxed against the respondent. Judgment is entered against Stephen Anthony Flynn in the amount of $766.64, for which sum let execution issue.
It is so ordered.
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. *
The referee found that respondent had violated the former Integration Rule, article XI, rule 11.02(3) (standards of professional conduct requiring consistency with honesty, justice and good morals); and the former Code of Professional Responsibility, Disciplinary Rules 1-102(A)(6) (conduct adversely reflecting on fitness to practice law); 7-105 (threatening to present criminal charges solely to obtain an advantage in a civil matter); and 8-102(B) (making false accusations against a judgé).
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THE Florida BAR v. RAY, 797 So. 2d 556 (Fla. 2001)…above, we approve the referee’s recommendation as to guilt, and conclude that the referee’s recommendation of a public reprimand has a reasonable basis in existing caselaw. See Florida Bar v. Graham, 679 So. 2d 1181 (Fla.1996); Florida Bar v. Flynn, 512 So. 2d 180 (Fla.1987) (decided under former Disciplinary Rule 8-102(B)). We therefore approve the referee’s recommended discipline. CONCLUSION Michael Dean Ray is hereby publicly reprimanded, and his reprimand will be accomplished by publication of this opin…
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THE Florida BAR v. Wasserman, 675 So. 2d 103 (Fla. 1996)…‘theatrics.’ ” We also reject Wasserman’s argument that based on other attorney discipline cases, he should receive, at most, a public reprimand in case number 83,818. In support of this argument, Wasserman cites such cases as Florida Bar v. Flynn, 512 So. 2d 180 (Fla.1987) (attorney who was charged with failure to inform a client that the client was on probation, threatening to present criminal charges solely to obtain advantage in a civil matter, and making false accusations against a judge was publicly re…