THE FLORIDA BAR, COMPLAINANT,
v.
DOROTHY M. WALKER, RESPONDENT

Fla. | 1988-09-08
No. 71954
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
530 So. 2d 305 Florida Supreme Court (1988)

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Synopsis

The Florida Supreme Court approved a disciplinary referee's report recommending disbarment of attorney Dorothy M. Walker for multiple violations of professional conduct rules, including failure to represent clients after receiving fees, making false statements to a judge, issuing dishonored checks, and abandoning her practice.


Holding

The Court approved the referee's findings that Walker violated multiple provisions of the Rules of Professional Conduct and imposed the recommended sanction of immediate disbarment.


Headnotes

[1] An attorney's failure to provide agreed-upon representation after receiving fee payments, coupled with a lack of communication and failure to refund fees, constitutes a v…

[2] Making false statements of fact to a judge regarding legal representation violates rules of professional conduct.

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Key Quotes

“respondent agreed to provide representation to clients, received fee payments, and then failed to provide counsel as agreed, failed to provide notice of withdrawal or any communication with the clients, and failed to refund money paid to her as fees”

Establishes the core misconduct of taking client fees and abandoning representation

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Facts & Procedural History

Walker agreed to provide legal representation to clients, collected fee payments, but then failed to provide counsel, failed to communicate with clien…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This disciplinary proceeding is before the Court for consideration of the referee’s report. The referee recommends finding the respondent, Dorothy M. Walker, guilty on all counts of The Florida Bar’s seven-count complaint. No petition for review has been filed.

On three counts of the complaint, the referee found that respondent agreed to provide representation to clients, received fee payments, and then failed to provide counsel as agreed, failed to provide notice of withdrawal or any communication with the clients, and failed to refund money paid to her as fees. On one count, the referee found that respondent made false statements of fact to a judge concerning the legal representation and defense of a person charged with a criminal offense. On two counts, the referee found that respondent issued checks that were dishonored due to insufficient bank account funds. Finally, the referee found on the last count of the Bar’s complaint that respondent abandoned her practice without notice to her clients.

The referee recommended that respondent be found guilty of one or more violations of the following provisions of the Rules of Professional Conduct, chapter 4 of the Rules Regulating The Florida Bar: rule 4-1.3, for failure to act with reasonable diligence and promptness in representing a client; rule 4-1.4(a), for failure to keep a client reasonably informed about the status of a matter; rule 4-1.16(d), for failure to protect a client’s interests upon termination of representation; rule 4-3.2, for failing to make reasonable efforts to expedite litigation; rule 4-1.5(a), for charging or collecting clearly excessive fees; rule 4-8.4(c), for conduct involving dishonesty, fraud, deceit, or misrepresentation; rule 4-8.4(d), for conduct prejudicial to the administration of justice; rule 4-8.4(b), for conduct reflecting adversely on honesty or fitness to practice law.

The referee recommends that respondent be disbarred. We approve the referee’s report. Dorothy M. Walker is hereby disbarred, effective immediately.

The costs of this proceeding are taxed against the respondent. Judgment is entered against Dorothy M. Walker for costs in the amount of $300.00, 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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