THE FLORIDA BAR, COMPLAINANT,
v.
JAMES A. BROWN, RESPONDENT
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.
The court held that an attorney who continues to practice law after a disciplinary resignation is in contempt and warrants disbarment.
The Florida Bar filed a complaint seeking to hold James A. Brown in contempt for violating his disciplinary resignation by continuing to practice law.…
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.
Explore caselaw by topic → Browse Practice Of Law cases and more on FLexlaw
PER CURIAM.
We have for review the complaint of The Florida Bar asking that we hold James A. Brown in contempt for violating the terms of his disciplinary resignation. We have jurisdiction. Art. V, § 15, Fla. Const. On September 9, 1998, this Court granted respondent’s petition for disciplinary resignation nunc pro tune to November 25, 1992. On this earlier date, we had granted The Florida Bar’s petition that Brown be placed under emergency suspension for alleged ethical violations.
The Florida Bar now presents evidence to this Court that Brown has continued to practice law after his disciplinary resignation, in violation of this Court’s order granting his petition to resign. Brown has refused to accept service in the present action and has not responded to the Bar’s complaint. We therefore accept the allegations made by the Bar as true.
Clear violation of any order or disciplinary status that denies an attorney the license to practice law generally is punishable by disbarment, absent strong extenuating factors. The Florida Bar v. Jones, 571 So. 2d 426 (Fla.1990); The Florida Bar v. Winter, 549 So. 2d 188 (Fla.1989). We agree with the Bar that disbarment is warranted here.
Accordingly, we hold Brown in contempt of Court and disbar him for a period of six years, nunc pro tunc to November 25, 1992. Brown is hereby ordered not to engage in the practice of law either directly or indirectly for so long as his disbarment continues and thereafter until such time as he may be readmitted to the Bar, upon penalty of fine, imprisonment, or both. Judgment for costs in the amount of $744.85 is hereby awarded against Brown and in favor of The Florida Bar, for which sum let execution issue.
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 (11 total)
-
THE Florida BAR v. Shoureas, 913 So. 2d 554 (Fla. 2005)…view to referee's findings and recommendations in a contempt case); Fla. Bar v. McAtee, 674 So. 2d 734 (Fla.1996) (same). . See, e.g., Fla. 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. Roo…
-
THE Florida BAR v. Forrester, 916 So. 2d 647 (Fla. 2005)…rring attorney for continuing to practice law after disciplinary resignation); Fla. Bar v. Neely, 675 So. 2d 592 (Fla.1996) (permanently disbarring already disbarred attorney for continuing to practice law after he was disbarred); Fla. Bar v. Brown, 635 So. 2d 13 (Fla.1994) (holding in contempt and disbarring attorney for continuing to practice law after disciplinary resignation); Fla. Bar v. Greene, 589 So. 2d 281 (Fla.1991) (disbarring attorney for continuing to practice law while suspended); Fla. Bar v. B…
-
THE Florida BAR v. Walkden, 950 So. 2d 407 (Fla. 2007)…g attorney for continuing to practice while suspended); Fla. Bar v. McAtee, 674 So. 2d 734 (Fla.1996) (disbarring attorney in light of his misconduct, which included practicing law while suspended, and disciplinary history). In Florida Bar v. Brown, 635 So. 2d 13, 13-14 (Fla.1994), this Court stated: “Clear violation of any order or disciplinary status that denies an attorney the license to practice law generally is punishable by disbarment, absent strong extenuating factors.” Walkden has not presented or a…
Previewing 3 of 11 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. Jones, 571 So. 2d 426 (Fla. 1990)
- Hamman v. Worling, 549 So. 2d 188 (Fla. 1989)
- THE Florida BAR v. Winter, 549 So. 2d 188 (Fla. 1989)