IN RE FLORIDA BOARD OF BAR EXAMINERS RE: E.R.M.

Fla. | 1994-01-13
No. 81985
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
630 So. 2d 1046 Florida Supreme Court (1994) Positive Treatment
Cited by 12 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The Court held that the applicant's proven misconduct, particularly the fabrication of testimony, justified denial of admission to The Florida Bar.


Headnotes

[1] A false, misleading, or uncandid statement made under oath during an investigative hearing for bar admission is a serious offense.

[2] Failure to disclose debts and judgments on a bar application constitutes a lack of candor and may lead to denial of admission.

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

Facts & Procedural History

An applicant for admission to The Florida Bar, E.R.M., was found by the Board of Bar Examiners to have engaged in multiple instances of dishonesty and…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

E.R.M. petitions the Court for review of the recommendation of the Florida Board of Bar Examiners that his application for admission to The Florida Bar be denied. We have jurisdiction under article V, section 15 of the Florida Constitution.-

E.R.M. is a member of the New York State Bar who seeks admission to The Florida Bar. Following a formal hearing, the Board found that certain specifications which are summarized below had been proven:

1(A). E.R.M. was getting divorced and the court had ordered that the marital property be distributed in a certain fashion. At the investigative hearing, E.R.M. was questioned about some marital property in the Cayman Islands. He testified that he had signed a deed to the Cayman house and sent it to his wife. E.R.M.’s testimony was false, misleading, or lacking in candor in that he had not signed a deed to the Cayman house or sent such a signed deed to his wife.

2(A). In his application for admission to the Bar, question 14.b.(l) asks for a list of all debts over $500 and question 14.e. asks for a list of all judgments entered in favor of a creditor. E.R.M.’s response to these questions was false, misleading, or lacking in candor in that he failed to reveal a judgment entered in 1988 in favor of a creditor in the amount of $400.00. E.R.M. also failed to reveal an outstanding debt to the creditor of $510.00 that was listed in his 1990 bankruptcy documents.

2(B). In an amendment to his Bar application, E.R.M. stated that he had no knowledge of any lawsuit or judgment against him by the creditor referred to in specification 2(A) and that he did not owe him any money. These statements were false, misleading, or lacking in candor. E.R.M. was aware of the lawsuit and judgment because he had discussed them with the creditor at the time they were occurring. E.R.M. also listed him as an unsecured creditor on his bankruptcy petition filed in March 1990.

3(A). E.R.M. represented a bank while practicing law in the state of New York. During this representation, E.R.M. issued a restraining order on the checking accounts of a nursing home and the receiver of the nursing home. A court granted a motion to vacate the restraining order as being improperly issued against the receiver. The court entered a judgment for the receiver in 1989, jointly and severally, against E.R.M. and the bank in the amount of $15,516.02. The client ultimately satisfied the judgment in 1990.

3(B). E.R.M. represented an estate in New York. During this representation, E.R.M. failed to provide an accounting, failed to negotiate checks, and failed to pay bills of the decedent. A grievance was filed by the executrix of the estate which resulted in a letter of admonition by the State of New York Grievance Committee for the Ninth Judicial District. The Committee found E.R.M. guilty of neglecting a legal matter entrusted to him in violation of New York’s Code of Professional Responsibility. After explanation by E.R.M., the letter of admonition was changed to a letter of caution.

4. E.R.M. failed to pay a large portion of his court ordered child support payments between 1986 and 1989. This conduct resulted in the issuance of judgments against him for $36,112 in 1988 and $52,942 in 1989. The judgments remained outstanding until vacated as part of E.R.M.’s divorce judgment. In this matter, some of E.R.M.’s child support checks were also returned for insufficient funds. E.R.M. exhibited 'a disregard for his moral and legal obligations to his children, lack of financial responsibility, and a lack of respect for the court and legal system.

In the conclusion section of its report, the Board made the following observation:

Of particular-significance to the Board is the applicant’s admission, both in his Answer and in his testimony at the formal hearing, to having completely fabricated his testimony concerning the deed to the Grand Cayman house at the investigative hearing. The applicant’s fabrication of this testimony at the investigative hearing convinces the Board of the applicant’s lack of appreciation for the standards and ideals of the legal profession.

E.R.M. admitted several of the specifications, including that of giving false testimony about the deed to the Grand Cayman house. With respect to this matter, E.R.M. asserts that his misstatement was due to fatigue and confusion, and he points out that he corrected his misstatement in an amendment filed with the Board. He argues that the proven specifications are not disqualifying for admis sion to The Florida Bar, and he contends that the Board totally ignored his character witnesses.

At the outset, it is clear that there is competent and substantial evidence to support all of the Board’s findings. The fact that he knowingly lied under oath at the investigatory hearing about having sent a signed deed to his wife is particularly serious. As recently noted in Florida Board of Bar Examiners re 623 So. 2d 1178 (Fla.1993), no qualification for membership in The Florida Bar is more important than truthfulness and candor. We agree with the Board that the proven specifications in the aggregate are sufficient to justify nonadmission to the Bar. We also find that the character evidence was insufficient to overcome E.R.M.’s improper conduct. We therefore approve the Board’s findings and recommendation and deny E.R.M.’s petition for admission to The Florida Bar. It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Fla. Bd. of Bar Exam'rs re R.L.W., 793 So. 2d 918 (Fla. 2001)
    …r vigilant in its activities to serve and protect the people of Florida. In the past this Court has held that “no qualification for membership in The Florida Bar is more important than truthfulness and candor,” Florida Bd. of Bar Exam’rs re E.R.M., 630 So. 2d 1046, 1048 (Fla.1994), and that “[a] lack of candor on the part of an applicant is intolerable and disqualifying for membership in the Bar.” Florida Bd. of Bar Exam’rs re C.A.M., 639 So. 2d 612, 613 (Fla.1994); see also Florida Bd. of Bar Exam’rs re R.B.…
  • Fla. Bd. of Bar Exam'rs re M.A.R., 755 So. 2d 89 (Fla. 2000)
    …e laws of the state and nation? Second, is the conduct involved in this case rationally connected to the petitioner’s fitness to practice law?” Florida Bd. of Bar Exam’rs, 364 So. 2d 454, 459 (Fla.1978). In Florida Board of Bar Examiners re E.R.M., 630 So. 2d 1046 (Fla.1994), among other misconduct, the applicant failed to pay a large portion of his court-ordered child support, resulting in judgments against him which remained outstanding until vacated as part of his divorce judgment. Additionally, some of th…
  • Fla. Bd. of Bar Exam'rs re John DOE, 770 So. 2d 670 (Fla. 2000)
    …e supported by competent substantial evidence in the record. See, e.g., Florida Bd. of Bar Exam’rs re G.J.G., 709 So. 2d 1377, 1379 (Fla.1998); Florida Bd. of Bar Exam’rs re M.C.A., 650 So. 2d 34, 35 (Fla.1995); Florida Bd. of Bar Exam’rs re E.R.M., 630 So. 2d 1046, 1048 (Fla.1994). As to Specification 1, Doe does not deny that his pending battery charge was not final at the time he filed his re-application to the law school from which he had been excluded. Rather, Doe argues that he assumed that the case was…
    1 / 2

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw