THE FLORIDA BAR, COMPLAINANT,
v.
EDWARD B. ROOD, RESPONDENT
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The Florida Supreme Court disbarred attorney Edward B. Rood for violating suspension orders by continuing to practice law during his suspension period. The Court approved the referee's findings that Rood failed to notify clients of suspension, continued representing clients, and handled client funds in violation of the Court's prior suspension orders.
The Court found Rood guilty of violating the suspension orders and disbarred him from the practice of law in Florida, effective upon filing of the opinion, with no application for readmission sooner than five years.
[1] Practicing law during a period of suspension constitutes a violation of suspension orders.
[2] Continuing to meet with, represent, advise clients, and handle client funds while suspended from the practice of law warrants disbarment.
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Join FLexlaw to unlock all legal intelligence“Rood failed to notify all his clients of his suspension and that during the suspension period he continued to meet with, represent and advise clients, and continued to receive and disburse client funds from his bank accounts.”
Establishes the factual basis for the violations found by the referee
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Join FLexlaw to unlock all legal intelligenceRood had been suspended from practice for two years in 1993 and an additional consecutive year in 1994. During the suspension period, Rood failed to n…
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PER CURIAM.
We have for review the complaint of The Florida Bar (the Bar) and the referee’s report regarding alleged ethical breaches by Edward B. Rood. We have jurisdiction. Art. V, § 15, Fla. Const. We approve the report and disbar Rood.
The Court suspended Rood from the practice of law in Florida for two years in 1993 and for an additional consecutive year in 1994. Florida Bar v. Rood, 633 So. 2d 7 (Fla.1994); Florida Bar v. Rood, 622 So. 2d 974 (Fla.1993). The Bar subsequently filed a petition to show cause why Rood should not be disbarred for continuing to practice during the suspension period.
The referee found that Rood failed to notify all his clients of his suspension and that during the suspension period he continued to meet with, represent and advise clients, and continued to receive and disburse client funds from his bank accounts. The record contains documentary exhibits and testimony from Rood’s former clients that support these findings. We approve the referee’s findings of fact.
The referee made the following recommendations as to guilt and discipline:
Recommendations as to Guilt: I recommend that Respondent be found Guilty of violating the suspension order of the Florida Supreme Court dated June 24, 1993, and violation of the suspension order of the Florida Supreme Court entered January 20, 1994, in that Respondent continued to practice law by meeting with and advising clients, and maintaining his trust account, and using personal and non-lawyer business accounts to receive and disburse client funds.
Recommendation of Disciplinary Mear sures to be Applied: In view of the seriousness of the charges, it is recommended that Respondent be disbarred from the practice of law with no application for readmission sooner than five years.
We find that the recommendations of guilt are adequately supported in the record and that the recommended discipline is appropriate for violating this Court’s suspension order. We approve the report in its entirety. Edward B. Rood is hereby disbarred from the practice of law in Florida effective upon the filing of this opinion. He may not apply for readmission until five years after the date of disbarment. Judgment for costs in the amount of $8,121.14 is entered in favor of The Florida Bar against Rood, for which sum let execution issue.
It is so ordered.
KOGAN, C.J., and SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. OVERTON, J., recused.
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THE Florida BAR v. Shoureas, 913 So. 2d 554 (Fla. 2005)…la.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 by continuing "to practice law by meeting with and advising clients, and maintaining his trust account, and using personal and…
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THE Florida BAR v. Heptner, 887 So. 2d 1036 (Fla. 2004)…Thus, we conclude that Weintraub and the other cases cited by Heptner do not support the referee’s recommended discipline. Further, this Court has disbarred attorneys for continuing to practice law during their suspensions. See Florida Bar v. Rood, 678 So. 2d 1277 (Fla.1996); Florida Bar v. Greene, 589 So. 2d 281 (Fla.1991); Florida Bar v. Jones, 571 So. 2d 426 (Fla.1990). Heptner disregarded an order of suspension from this Court by continuing to represent a client before a judge while he was suspended. Thus…
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THE Florida BAR v. Norkin, 183 So. 3d 1018 (Fla. 2015)…ended);; Fla. Bar v. Heptner, 887 So. 2d 1036, 1045 (Fla.2004) (disbarring attorney for multitude of violations, but noting that disbarment would be appropriate solely on basis of continuing to.practice law after being- suspended); Fla. Bar v. Rood, 678 So. 2d 1277, 1278 (Fla.1996) (disbarring attorney for practicing while suspended); Fla. Bar v. Greene, 589 So. 2d 281 (Fla.1991). Moreover, given Norkin’s continuation of his egregious behavior following his suspension and during the administration of the publi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Rood, 622 So. 2d 974 (Fla. 1993)
- THE Florida BAR v. Rood, 633 So. 2d 7 (Fla. 1994)