THE FLORIDA BAR, COMPLAINANT,
v.
ROGER D. PATTERSON, RESPONDENT
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The Florida Bar brought a disciplinary action against attorney Roger D. Patterson for professional misconduct including faulty representation, neglect of legal matters, failure to communicate with clients, abandonment of clients, and mishandling of appeals. The Florida Supreme Court approved the referee's findings of guilt on all six counts and imposed a one-year suspension from practice.
Patterson was found guilty of violating multiple disciplinary rules including conducting himself in a manner adversely reflecting on fitness to practice, handling legal matters without competence, handling matters without adequate preparation, neglecting legal matters, and failing to preserve client funds. Patterson is suspended from practice for one year, must make restitution to harmed parties, and must retake the Florida bar examination in its entirety as conditions of reinstatement.
[1] An attorney's failure to provide competent representation, neglect legal matters, fail to communicate with clients, and fail to return documents or refund unearned fees c…
[2] Abandoning clients by leaving the state without notice, without returning documents, and without refunding fee payments constitutes professional misconduct.
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Join FLexlaw to unlock all legal intelligence“the referee found that respondent provided faulty representation, neglected legal matters entrusted to him, failed to communicate with clients, and failed to return documents or refund unearned fees in a timely manner”
Establishes the nature and scope of Patterson's professional misconduct across multiple matters
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Join FLexlaw to unlock all legal intelligencePatterson provided faulty representation and neglected legal matters entrusted to him, failed to communicate with clients, and failed to return docume…
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PER CURIAM.
This disciplinary proceeding is before the Court for consideration of the referee’s report. Pursuant to rulings granting The Florida Bar’s motions to deem matters ad mitted and for judgment on the pleadings, the referee recommended that respondent, Roger D. Patterson, be found guilty on all counts of the Bar’s six-count complaint. Neither party seeks review of the referee’s report
On three counts of the Bar’s complaint, the referee found that respondent provided faulty representation, neglected legal matters entrusted to him, failed to communicate with clients, and failed to return documents or refund unearned fees in a timely manner. On two of the counts the referee found that respondent abandoned his clients by leaving the state without notice to his clients, without returning documents, and without refunding fee payments. On one count the referee found that respondent was reported to the Bar by the First District Court of Appeal for mishandling clients’ appeals and failing to follow procedural rules.
The referee recommended that respondent be found guilty of violating the former Florida Bar Code of Professional Responsibility, Disciplinary Rules 1-102(A)(6) (conduct adversely reflecting on fitness to practice law); 6-101(A)(l) (handling a legal matter one is not competent to handle); 6-101(A)(2) (handling a legal matter without adequate preparation); 6-101(A)(3) (neglect of a legal matter); and 9-102 (failure to preserve the identity of funds belonging to a client).
On the matter of discipline, the referee recommended that respondent be suspended from the practice of law for one year, that he be required to make restitution to all parties harmed by his misconduct, and that he be required to pass the Florida bar examination in its entirety. We approve the referee’s report. Roger D. Patterson is hereby suspended from the practice of law in Florida for one year, effective immediately. As conditions precedent to his reinstatement, we approve the requirements set forth in the referee’s report.
The costs of this proceeding are taxed against the respondent. Judgment is entered against Roger D. Patterson for costs in the amount of $2,574.97, for which sum let execution issue.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
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THE Florida BAR v. Morrison, 669 So. 2d 1040 (Fla. 1996)…finding attorney’s failure to communicate with client or to actively pursue claim which resulted in a dismissal with prejudice and an order taxing attorney fees and costs against the client warranted a one-year suspension); Florida Bar v. Patterson, 530 So. 2d 285 (Fla.1988) (finding attorney’s faulty representation, neglect of legal matters entrusted to him, and failure to communicate with clients warranted a one-year suspension); Florida Bar v. Schilling, 486 So. 2d 551 (Fla.1986) (finding a six-month suspe…
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THE Florida BAR v. Centurion, 801 So. 2d 858 (Fla. 2000)…reach of [*863] trust. See Florida Bar v. Schilling, 486 So. 2d 551 (Fla.1986). Similar discipline has been upheld in cases involving the mishandling of client cases. See Florida Bar v. Morrison, 669 So. 2d 1040 (Fla.1996); Florida Bar v. Patterson, 530 So. 2d 285 (Fla.1988); Florida Bar v. Pincus, 327 So. 2d 29 (Fla.1975). The Bar cites to Florida Bar v. Provost, 323 So. 2d 578 (Fla.1975), in support of its recommendation that a two-year suspension is the proper discipline. In Provost, the attorney had enga…
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THE Florida BAR v. Shoureas, 892 So. 2d 1002 (Fla. 2004)…r v. Brakefield, 679 So. 2d 766 (Fla.1996) (imposing a six-month suspension for neglect of client matters); Florida Bar v. Winderman, 614 So. 2d 484 (Fla.1993) (imposing a one-year suspension for neglect of client matters); Florida Bar v. Patterson, 530 So. 2d 285 (Fla.1988) (imposing a one-year suspension for neglect of client matters); Florida Bar v. Schilling, 486 So. 2d 551 (Fla.1986) (imposing a six-month suspension for neglect of client matters). The attorney in Elster collected legal fees in several c…
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