THE FLORIDA BAR, COMPLAINANT,
v.
EDWARD J. WINTER, JR., RESPONDENT
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The Florida Bar disciplined attorney Edward J. Winter, Jr. for practicing law without a license after being granted leave to resign from the Florida Bar. The Court found Winter in indirect criminal contempt for violating its resignation order and permanently disbarred him without leave to reapply.
The Court found Winter in indirect criminal contempt of the Court's resignation order for engaging in twenty-one counts of unauthorized practice of law. The Court permanently disbarred Winter without leave to reapply and ordered him never to practice law again, directly or indirectly, rejecting the Bar's request for incarceration but imposing disbarment as the appropriate sanction.
[1] A lawyer who resigns permanently from the bar is prohibited from practicing law thereafter.
[2] Practicing law after permanent resignation from the bar constitutes indirect criminal contempt of court.
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Join FLexlaw to unlock all legal intelligence“The Florida Bar has submitted extensive evidence of the respondent's continued practice of law after the effective date of his resignation. The referee recommended that the respondent be found guilty of twenty-one counts of engaging in the unauthorized practice of law, in indirect criminal contempt of this Court's order granting the respondent leave to resign from The Florida Bar. We agree with the referee and find Edward J. Winter, Jr. in indirect criminal contempt of this Court.”
Establishes the core violation—practicing law after resignation and the resulting contempt finding
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Join FLexlaw to unlock all legal intelligenceOn January 28, 1988, Winter was granted leave to permanently resign from the Florida Bar, effective February 27, 1988. After his resignation became ef…
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PER CURIAM.
This disciplinary proceeding is before the Court for consideration of a referee’s report filed pursuant to rule 3-7.6 of the Rules Regulating The Florida Bar. We have jurisdiction. Art. V, § 15, Fla. Const. On January 28,1988, the respondent, Edward J. Winter, Jr., was given leave by this Court to resign permanently from the Florida Bar. The Florida Bar v. Winter, 519 So. 2d 609 (Fla.1988). His resignation was effective on February 27, 1988. The Florida Bar has submitted extensive evidence of the respondent’s continued practice of law after the effective date of his resignation. The referee recommended that the respondent be found guilty of twenty-one counts of engaging in the unauthorized practice of law, in indirect criminal contempt of this Court’s order granting the respondent leave to resign from The Florida Bar. We agree with the referee and find Edward J. Winter, Jr. in indirect criminal contempt of this Court.
As discipline for this contempt, the referee recommended that the respondent be disbarred from the practice of law so that the stigma of disbarment may be attached to his record.* Additionally, the bar requests further discipline: that the respondent be incarcerated for a period of thirty days pursuant to our contempt of court powers. We decline to incarcerate the respondent, and we adopt the findings of fact and conclusions of law of the referee.
Accordingly, we hereby permanently disbar Edward J. Winter, Jr. without leave to reapply. Respondent is ordered never, directly or indirectly, to practice law again. A violation of this order will subject respondent to a fine or imprisonment or both. The Florida Bar’s costs in this proceeding are assessed against the respondent. Judgment is entered against Edward J. Winter, Jr. in the amount of $476.26, for which sum let execution issue.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur. *
It appears that the respondent has been representing that he resigned from the bar for health reasons. This is not the case. In fact, the respondent was granted leave to resign permanently in the face of impending disciplinary action. By this order, the respondent is no longer permitted to represent that he resigned from the practice of law.
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THE Florida BAR v. Shoureas, 913 So. 2d 554 (Fla. 2005)…Bar v. Weisser, 721 So. 2d 1142 (Fla.1998); Fla. Bar v. Neely, 675 So. 2d 592 (Fla.1996); Fla. Bar v. Brown, 635 So. 2d 13 (Fla.1994); Fla. Bar v. Greene, 589 So. 2d 281 (Fla.1991); Fla. Bar v. Bauman, 558 So. 2d 994 (Fla.1990); Fla. Bar v. Winter, 549 So. 2d 188 (Fla.1989). . The cases cited by the Bar to support disbarment are all distinguishable. See Fla. Bar v. Rood, 678 So. 2d 1277, 1278 (Fla.1996) (disbarring lawyer who violated both a two-year suspension order and an additional-year suspension order…1 / 2
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THE Florida BAR v. Forrester, 916 So. 2d 647 (Fla. 2005)…a. Bar v. Greene, 589 So. 2d 281 (Fla.1991) (disbarring attorney for continuing to practice law while suspended); Fla. Bar v. Bauman, 558 So. 2d 994 (Fla.1990) (disbarring attorney for continuing to practice law while suspended); Fla. Bar v. Winter, 549 So. 2d 188 (Fla.1989) (permanently disbarring attorney for continuing to practice law after disciplinary resignation). Additionally, the Standards for Imposing Lawyer Sanctions provide that absent aggravating or mitigating circumstances, disbarment is appropr…
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THE Florida BAR v. Neckman, 616 So. 2d 31 (Fla. 1993)…ccepts the referee’s recommendation, while The Bar asks that he be disbarred. Initially, we note that it is proper for discipline to be imposed upon an attorney who has temporarily resigned the license to practice law. E.g., The Fla. Bar v. Winter, 549 So. 2d 188 (Fla.1989). But we do not believe our cases stand for the proposition that the unauthorized practice of law by such a person always requires disbarment. We agree with the Bar that a private reprimand (also called “admonishment”) is inappropriate in…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Winter, 519 So. 2d 609 (Fla. 1988)