THE STATE OF FLORIDA EX REL. THE FLORIDA BAR, COMPLAINANT,
v.
WILLIAM A. FORDHAM, RESPONDENT
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The Florida Supreme Court affirmed the Florida Bar Board of Governors' decision to suspend attorney William A. Fordham from practice for six months for unlawfully appropriating $500 of client funds. The Court held that restitution and prior good reputation, while mitigating factors, do not excuse the serious ethical violation of commingling client funds for personal use.
The Court affirmed the six-month suspension and held that while restitution and prior good reputation are worthy of consideration, they do not excuse the serious dereliction of commingling client funds and using them for the lawyer's private purposes. Respondent remains suspended until he demonstrates rehabilitation and pays the costs of the proceeding.
“Few breaches of ethics are as serious as the co-mingling of a client's funds and the use thereof for the lawyer's private purpose.”
Establishes the severity of the ethical violation at issue and the Court's principled approach to attorney discipline
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Join FLexlaw to unlock all legal intelligenceBetween 1959 and 1960, respondent Fordham unlawfully appropriated $500 belonging to his client for his own use. A referee found him guilty of unprofes…
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This is a disciplinary proceeding against William A. Fordham as a member of the Florida Bar, the substance of the charge being that respondent, in the years 1959 and 1960, unlawfully appropriated to his own use $500, the property of his client.
The Florida Bar caused a complaint to be issued and the matter was heard by a referee. The referee found respondent guilty of unprofessional conduct and recommended that he be administered a private reprimand and placed on probation for a period of one year.
The Board of Governors of the Florida Bar reviewed the record, concurred in the findings of guilt by the referee and found that the respondent had violated Canon 11 of the Canons of Professional Ethics, 31 F.S.A. and Rules 1, 27 and 28 of the Additional Rules Governing the Conduct of Attorneys in Florida, 31 F.S.A., whereupon the Board adjudged that the respondent be suspended from the practice of law in Florida for a period of six months and remain suspended thereafter until he shall have demonstrated rehabilitation and eligibility for reinstatement.
The respondent admitted his misconduct and submitted, in mitigation of the offense, the fact that he had made restitution of the funds improperly appropriated by him and the further fact that the offense charged was his first. We hold the factors of restitution and prior good reputation, while worthy of note, in nowise excuse the dereliction.
Few breaches of ethics are as serious as the co-mingling of a client’s funds and the use thereof for the lawyer’s private purpose.1 There is no offense more damaging to the reputation of the Bar than one of the type involved here.2 The public has a paramount right to expect complete integrity in its dealings with lawyers.
In affirming the judgment we have duly considered both the public interest and the welfare of the respondent. The judgment is not retributive in nature, it will safeguard the public and it will offer the respondent a fair and reasonable opportunity to recapture his self respect, the respect of *458his community and his position as a member of the Bar.
The respondent, William A. Fordham, shall be and he is hereby suspended from the practice of law for a period of six months from the filing of this opinion and continuously thereafter until he shall have paid the cost of this proceeding in the amount of $154.07, and until, in accord with Art. XI, subd. 5(i) of the Integration Rules, 31 F.S.A., as in effect prior to January 1, 1962, he shall demonstrate to the Board of Governors of the Florida Bar and to this Court that he has made the showing required by the last cited Rule and is entitled to be reinstated in the practice of law. Respondent shall not be entitled to apply -for reinstatement until at least six months after the filing of this opinion.
It is so ordered.
ROBERTS, C. J., and TERRELL, THOMAS, THORNAL, O’CONNELL and HOBSON (Ret.) JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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THE Florida BAR v. Welty, 382 So. 2d 1220 (Fla. 1980)…itation. Pahules, in practice for nineteen years without discipline, had four minor children to support. The Court suspended him for six months with proof of rehabilitation required before reinstatement. In State ex rel. The Florida Bar v. Fordham, 143 So. 2d 457 (Fla.1962), the respondent made restitution of funds and there was evidence of prior good character. The Court held that he should be suspended for six months and thereafter until he had proved rehabilitation. Respondent Welty admits improper handl…
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THE Florida BAR v. Rose, 187 So. 2d 329 (Fla. 1966)…nly the referee’s conclusion, based upon the undeniable facts. In other cases, such substitution of judgment has occurred and has been followed. State ex rel. Florida Bar v. McClosky, Fla., 130 So. 2d 596; State ex rel. Florida Bar v. Fordham, Fla., 143 So. 2d 457; Florida Bar v. Benton, Fla., 157 So. 2d 420; State ex rel. Florida Bar v. Delves, Fla., 160 So. 2d 114. Furthermore, this court has ordered the discipline of members of The Florida Bar for similar misconduct. In State ex rel. Florida Bar v. Cotton…
Authorities Cited
- State of Fla. ex rel. THE Fla. BAR v. Ruskin, 126 So. 2d 142 (Fla. 1961)
- State of Fla. ex rel. THE Fla. BAR v. Kimmel, 124 So. 2d 705 (Fla. 1960)