THE FLORIDA BAR, COMPLAINANT,
v.
RICHARD M. MCIVER, RESPONDENT
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The Florida Supreme Court upheld a recommendation to disbar attorney Richard M. McIver for serious trust account violations, including improper commingling of client funds, shortages in trust accounts, and unauthorized use of estate and client funds. The court found that misuse of client funds is one of the most serious offenses a lawyer can commit and warrants disbarment despite McIver's argument that no clients suffered pecuniary loss.
The court affirmed the disbarment recommendation, holding that misuse of client funds is one of the most serious offenses a lawyer can commit and warrants disbarment. Although the court acknowledged that it has sometimes lessened penalties when accompanied by substantial mitigating circumstances, it found the mitigation here insufficient to warrant a lesser penalty. The effective date of disbarment was set as the date of his prior suspension (May 4, 1989) rather than the date of the decision.
[1] Misuse of client funds by an attorney is one of the most serious offenses and warrants disbarment.
[2] An attorney's intentional and unauthorized use of client funds for personal purposes, even without demonstrable pecuniary loss to clients, can justify disbarment.
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Join FLexlaw to unlock all legal intelligence“Unquestionably, the misuse of client funds is one of the most serious offenses a lawyer can commit. Misuse of a client's funds in itself warrants disbarment.”
Establishes the governing legal standard that misuse of client funds is among the most serious ethical violations and presumptively warrants disbarment
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Join FLexlaw to unlock all legal intelligenceMcIver, a suspended member of The Florida Bar, committed numerous trust accounting violations including shortages in his trust accounts, improper allo…
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PER CURIAM.
Richard M. Mclver, a suspended member of The Florida Bar, seeks review of the referee’s recommendation of disbarment filed in this disciplinary action. We have jurisdiction. Art. V, § 15, Fla. Const. We approve the referee’s report.
The Florida Bar accused Mclver of numerous trust accounting violations, shortages in his trust accounts, improper allocation of client’s funds, and using estate funds for purposes other than the estate. The referee found that Mclver had violated rules 5-1.1 (trust accounts), 5-1.2(b) (minimum trust accounting records), 5-1.2(c) (minimum trust accounting procedures), and 4-1.15(b) (safekeeping of property) of the Rules Regulating The Florida Bar, former disciplinary rules 9-102(A) and (B) (preserving identity of funds and property of the client), and article 11.02(4) (trust funds and fees) of the former integration rule of The Florida Bar. She recommended disbarment.
Mclver admits that he did not handle his trust account properly and that he intermingled funds. He contends that no one suffered any pecuniary loss and that the penalty is too severe. The referee heard this argument and concluded that Mclver’s acts exposed his clients to great risks. She apparently concluded that his flagrant use of estate and client funds was intentional and clearly unauthorized as opposed to being merely negligent. The record leads to the inescapable conclusion that at times he used clients’ funds for his own purposes.
In The Florida Bar v. Knowles, 572 So. 2d 1373, 1375 (Fla.1991), we stated: “Unquestionably, the misuse of client funds is one of the most serious offenses a lawyer can commit. Misuse of a client’s funds in itself warrants disbarment.” We have, however, lessened the ultimate penalty when the misconduct was accompanied by substantial mitigating circumstances. The Florida Bar v. McShirley, 573 So. 2d 807 (Fla.1991). While there is some mitigation here, it is insufficient to lessen the penalty. We agree that Mclver should be disbarred.
We do agree, however, that because Mclver was suspended on May 4, 1989 for his misconduct and because he has complied with the terms of his suspension, the effective date of this disbarment should be the date of his suspension. Accordingly, we approve the referee’s report and disbar Richard M. Mclver, nunc pro tune, May 4, 1989. Judgment for costs is entered in favor of The Florida Bar and against Richard M. Mclver in the amount of $6,643.90, for which sum let execution issue.
It is so ordered.
overton, McDonald, shaw, GRIMES, KOGAN and HARDING, JJ„ concur. BARKETT, C.J., recused.
Cases With Similar Vibessemantic neighbors from the corpus
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THE Florida BAR v. Travis, 765 So. 2d 689 (Fla. 2000)…upon the circumstances of the misappropriation. The presumption of disbarment is exceptionally weighty when the attorney’s misuse is intentional rather than a result of neglect or inadvertence. See Tillman, 682 So. 2d at 543; Florida Bar v. McIver, 606 So. 2d 1159 (Fla.1992); Florida Bar v. Shuminer, 567 So. 2d 430 (Fla.1990). In cases involving isolated incidents of misappropriation, this Court has found the presumption of disbarment rebutted when mitigation such as cooperation, restitution, and the absence…
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THE Florida BAR v. Tauler, 775 So. 2d 944 (Fla. 2000)…the misappropriation. The presumption of disbarment is exceptionally weighty when the attorney’s misuse is intentional rather than a result of neglect or inadvertence. See [Florida Bar v. Tillman, 682 So. 2d 542 (Fla.1996) ]; Florida Bar v. McIver, 606 So. 2d 1159 (Fla.1992); Florida Bar v. Shuminer, 567 So. 2d 430 (Fla.1990). Id. at 691. I do not diminish the heavy stress and pressure which respondent’s personal crisis had upon her and her family. However, lawyers must know and the public must have confide…
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THE Florida BAR v. Porter, 684 So. 2d 810 (Fla. 1996)…. Misuse of client funds is unquestionably one of the most serious offenses a lawyer can commit. See Florida Bar v. Knowles, 572 So. 2d 1373, 1375 (Fla.1991). Disbarment is the appropriate sanction for this offense alone. See Florida Bar v. McIver, 606 So. 2d 1159, 1160 (Fla.1992). Accordingly, given Porter’s misuse of his trust account, his past disciplinary record, and the absence of mitigation, we approve the sanction disbarring Porter. We find that this sanction furthers the three goals of an attorney dis…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Knowles, 572 So. 2d 1373 (Fla. 1991)
- THE Florida BAR v. McSHIRLEY, 573 So. 2d 807 (Fla. 1991)