THE FLORIDA BAR, COMPLAINANT,
v.
JOE M. MITCHELL, RESPONDENT
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The Florida Bar disciplined attorney Joe M. Mitchell for negligent supervision of a legal secretary who forged documents in criminal defense cases, resulting in fraud upon the court and client neglect. Mitchell was suspended for 15 days despite the secretary's ultimate responsibility, because attorneys remain accountable for their employees' ethical breaches.
An attorney is guilty of ethical violations for negligently supervising employee activities that result in fraud upon the court and client neglect, and a 15-day suspension is the minimum appropriate discipline despite the employee's primary responsibility.
[1] An attorney is subject to discipline for negligently supervising the activities of nonlawyer employees, which constitutes an ethical breach.
[2] Misconduct involving fraud upon the court and neglecting client interests, even if caused by an employee, is regarded as highly serious.
Previewing 2 of 5 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“Based on this record, we must conclude at a minimum that Mitchell is guilty of negligently supervising the activities of his workers, which constitutes an ethical breach.”
Establishes that attorneys are liable for employee misconduct under the ethical rules, regardless of who directly committed the acts.
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Join FLexlaw to unlock all legal intelligenceIn 1987, irregularities in DUI cases handled by Mitchell were discovered, including forged plea agreements purporting to bear the assistant state atto…
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PER CURIAM.
We review the findings and recommendations of the referee that Joe M. Mitchell be suspended from the practice of law for fifteen days, with conditions. We have jurisdiction. Art. V, § 15, Fla. Const. In 1987, an assistant state attorney discovered irregularities in a number of files involving persons charged with driving under the influence. Mitchell was the attorney in each case. Further investigation disclosed that documents purporting to be plea agreements had been filed in these cases, but that the signature of the assistant state attorney had been forged. In at least two other cases in which Mitchell was defense attorney, documents were not properly returned to the court files of his clients.
Mitchell concedes these facts but argues that the irregularities were caused by an improperly supervised legal secretary. No evidence exists in this record to controvert the secretary’s liability for these acts, and The Florida Bar has conceded that she is responsible.
Based on these stipulated findings, the referee found Mitchell guilty of ethical violations and recommended: (1) a fifteen-day suspension; (2) payment of The Florida Bar’s costs; and (3) an order that Mitchell adopt a written policy for retention and disposition of closed files that is acceptable to The Florida Bar. The Florida Bar concurs in this recommendation.
Mitchell argues that a private reprimand is more appropriate.
The misconduct in this case, although caused by a nonlawyer employee of Mitchell, involves both fraud upon the court and neglecting the best interests of clients. We regard this as highly serious. Had these acts been committed by Mitchell himself, they would have warranted much more severe discipline. Based on this record, we must conclude at a minimum that Mitchell is guilty of negligently supervising the activities of his workers, which constitutes an ethical breach. Rule of Professional Conduct 4-5.3(b), (c), Rules Regulating The Florida Bar. Accordingly, we adopt in full the findings and recommendations of the referee. Mitchell shall be suspended from the practice of law for a period of fifteen days, effective October 15, 1990. He shall accept no new business from the date this opinion is published until his suspension ends, and shall immediately take all steps necessary to protect the interests of his present clients. Mitchell is hereby ordered to develop and implement a written policy regarding the retention and disposition of materials in closed files, subject to approval by The Florida Bar. Judgment for costs in the amount of $3,299.02 is entered in favor of The Florida Bar, for which sum let execution issue.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, ehrlioh, barkett, GRIMES and KOGAN, JJ., concur.
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THE Florida BAR v. Roth, 693 So. 2d 969 (Fla. 1997)…rpetrating the fraud.2 Notwithstanding the lack of evidence of Roth’s personal involvement in manufacturing the fake fax, we believe that a private admonition is insufficient acknowledgment of the severity of this fraud. In Florida Bar v. Mitchell, 569 So. 2d 424 (Fla.1990), this Court approved a fifteen-day suspension for the attorney’s negligent supervision of a nonlawyer employee that resulted in a number of forged documents. However, this case is somewhat distinguishable from Mitchell, where the miscondu…
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Florida BAR v. Arango, 720 So. 2d 248 (Fla. 1998)…ber of Arango’s staff was responsible for any false or fabricated evidence. As stated in Morrison, however, Arango is responsible for the actions of his staff. See also Florida Bar v. Roth, 693 So. 2d 969, 971-72 (Fla.1997); Florida Bar v. Mitchell, 569 So. 2d 424, 424 (Fla.1990). Therefore, it appears that Morrison generally supports the imposition of a suspension in this case. Finally, according to the standards for imposing lawyers sanctions, it would appear that a suspension is warranted in the present c…1 / 2
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THE Florida BAR v. Stein, 916 So. 2d 774 (Fla. 2005)…; Fla. Bar v. Lawless, 640 So. 2d 1098 (Fla.1994) (imposing ninety-day suspension for failing to act with diligence in representing clients and failing to ensure compliance by non-lawyer with lawyer’s professional obligations); Fla. Bar v. Mitchell, 569 So. 2d 424 (Fla.1990) (imposing fifteen-day suspension for failing to supervise nonlawyer); Fla. Bar v. Morrison, 496 So. 2d 820 (Fla. [*778] 1986) (imposing' ten-day suspension for failing to supervise nonlawyer, conduct involving misrepresentation, and negle…
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