IN RE WILLIAM TALBOTT, PETITION FOR RESIGNATION FROM THE FLORIDA BAR
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The Florida Supreme Court approved the resignation of an attorney, William Talbott, from The Florida Bar. Despite the resignation letter not strictly adhering to formal rules, the court treated it as a petition to resign without the possibility of reinstatement, finding it in the best interest of all parties.
Yes, the court should accept the resignation, treating the letter as a petition to resign without leave for reinstatement, as it serves the best interests of the public, the legal profession, and the attorney.
“This letter will constitute my irrevocable resignation from the Bar of the State of Florida.”
This quote establishes the attorney's stated intent to resign.
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Join FLexlaw to unlock all legal intelligenceWilliam Talbott, a member of The Florida Bar, sent a letter to the Bar stating it was his irrevocable resignation. He acknowledged receipt of a compla…
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After a referee was appointed to conduct hearings on a complaint filed against William Talbott, a member of The Florida Bar, Mr. Talbott addressed a letter to The Florida Bar in which he acknowledged receipt of a copy of the complaint filed against him, stated he was no longer a resident of Florida and then stated, “This letter will constitute my irrevocable resignation from the Bar of the State of Florida.”
After consideration of said letter the Board of Governors found that the public interest would not be adversely affected by acceptance of the resignation, provided it be without leave for reinstatement. The Board entered its judgment accordingly.
We recognize that the letter of resignation is not in strict compliance with Article XI, Rule 11.09, Integration Rule of The Florida Bar, 31 F.S.A. Nevertheless, we think the interest of the public, the legal profession in this State and that of Mr. Tal-bott will be best served by treating the letter of resignation as a petition to be allowed to resign without leave for reinstatement.
Therefore, the judgment of the Board of Governors of The Florida Bar accepting William Talbott’s resignation from The Florida Bar, without the privilege to seek reinstatement, is approved, affirmed and adopted as the judgment of this Court.
It is so ordered.
DREW, C. J., and THOMAS, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.
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In re Rassner, 265 So. 2d 363 (Fla. 1972)…. Permanency has likewise been recognized upon “resignation without leave for reinstatement” in In re Joel, 160 So. 2d 110 (Fla.1964); The Florida Bar v. Ashmann, 167 So. 2d 864 (Fla.1964); In re Grant, 139 So. 2d 405 (Fla.1962); and In re Talbott, 172 So. 2d 579 (Fla.1965). . Effective 12-1-72 under New Integration Rule 11:10(4), a “disbarred” attorney must be “recycled” and meet requirements of new admissions to the Bar, including the Bar Examination. In Matter of The Florida Bar, 262 So. 2d 857 (Fla.1972…