THE FLORIDA BAR, COMPLAINANT,
v.
ALAN SHERR, RESPONDENT
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The Florida Bar brought disciplinary charges against attorney Alan Sherr on two counts of professional misconduct. The Supreme Court affirmed the Board of Governors' decision to disbar Sherr from practice in Florida, citing the seriousness of the charges and his lack of cooperation with disciplinary proceedings.
The Supreme Court affirmed the Board of Governors' disbarment decision, finding no reason to disturb that judgment based on the seriousness of the charges, Sherr's lack of cooperation with disciplinary agencies, and his failure to timely request review of the Board's judgment.
“because of the seriousness of the charges and because of respondent's complete lack of cooperation with the disciplinary agencies of this Court, respondent be disbarred from the practice of law in Florida”
States the Board of Governors' rationale for ordering disbarment rather than the lesser suspensions recommended by the referee
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Join FLexlaw to unlock all legal intelligenceA disciplinary complaint was filed against respondent Sherr charging professional misconduct on two counts. A referee found Sherr guilty as charged an…
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Complaint was filed charging respondent with professional misconduct on two counts. The referee found respondent guilty as charged. On one count the referee recommended that respondent be suspended from the practice of law for a period of three years, and thereafter, until he made full restitution and demonstrated his fitness to have such suspension lifted. On the other count, the .referee recommended that respondent be given an appropriate private reprimand by The Florida Bar.
The Board of Governors, upon review of the referee's report, concurred in the finding of guilt but ordered that because of the seriousness of the charges and because of respondent’s complete lack of cooperation with the disciplinary agencies of this Court, respondent be disbarred from the practice of law in Florida.
More than thirty days have now elapsed since the Board of Governors filed its judgment and record of the proceedings in this Court. No petition for review of said judgment has been filed pursuant to Rule 11.11 (3) of the Integration Rule of The Florida Bar, 31 F.S.A.
No request having been made by respondent to have us review the judgment of the Board of Governors, nor any submission to us by him of any good reason or cause for his failure to request a review of said judgment within the time prescribed by said Rule, we see no reason under these circumstances, or from our consideration of the record, to disturb the judgment of the Board of Governors which is hereby confirmed and the respondent is disbarred from the practice of law in Florida. Respondent is ordered to pay the costs hereby taxed against him in the sum of $290.60.
THOMAS, ROBERTS, THORNAL, O’CONNELL and ERVIN, JJ., concur.
DREW, C. J., dissents with opinion.
(dissenting).
For the reasons pointed out m many recent decisions of this Court, I think the conclusion reached by the referee that this lawyer be suspended is eminently correct. I therefore dissent from the judgment of disbarment.
DREW, Chief Justice
(dissenting).
For the reasons pointed out m many recent decisions of this Court, I think the conclusion reached by the referee that this lawyer be suspended is eminently correct. I therefore dissent from the judgment of disbarment.
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THE Florida BAR v. Sherr, 179 So. 2d 337 (Fla. 1965)…PER CURIAM. The respondent in the case of The Florida Bar, complainant, v. Sherr, respondent, No. 33,892, a decision which appears in 172 So. 2d 461, and the respondent in this case, our file No. 34,394, are the same. In the former decision a final judgment was entered disbarring the respondent from the practice of law in Florida and taxing costs against him in the sum of $290.60. The judgment i…