THE FLORIDA BAR, COMPLAINANT,
v.
BOBBY A. WEBB, RESPONDENT
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The Florida Supreme Court affirmed the Florida Bar's decision to disbar attorney Bobby A. Webb for repeated embezzlement of client trust funds totaling approximately $33,000 during 1968. The respondent admitted all charges and made no defense, citing only personal hardship.
The Court affirmed the Board's judgment finding Webb guilty of embezzlement and disbarred him from the practice of law in Florida. The Court found no reason to disturb the Board's decision based on the admitted violations and the severity of the misconduct.
[1] An attorney's repeated embezzlement of clients' trust funds constitutes grounds for disbarment.
[2] Conversion of client funds to an attorney's own use, resulting in an outstanding debt to the client's estate, is a violation of professional ethics.
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Join FLexlaw to unlock all legal intelligence“The respondent held in trust funds of the Estate of Edna W. Moore, deceased, in the amount of $8,231.55. During the year 1968, the respondent converted said funds to his own use, and there remains due and owing to the executrix of said estate the amount of $8,231.55, which is unpaid.”
Establishes the factual basis for one of the three embezzlement charges involving conversion of client funds to personal use.
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Join FLexlaw to unlock all legal intelligenceWebb held trust funds for three estates: $8,231.55 from the Estate of Edna W. Moore, approximately $9,000 from client Marjorie V. Brown (who died in A…
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We have received the following judgment of the Board of Governors of The Florida Bar which is founded upon respondent’s repeated violations of Article XI, Rule 11.02(3) of the Integration Rule, 32 F.S.A. Canons 11 and 32 of the Canons of Professional Ethics, and Rule 1 of Additional Rules Governing the Conduct of Attorneys in Florida:
“JUDGMENT
“This cause came on for review and consideration by the Board of Governors of The Florida Bar upon the report of its referee and the record of proceedings before him.
*201“The Florida Bar’s Complaint contained three charges of embezzlement of clients’ trust funds involving many thousands of dollars.
“After trial, the referee found the respondent guilty as charged and recommended that he be disbarred.
“In particular the Board finds that the respondent held in trust funds of the Estate of Edna W. Moore, deceased, in the amount of $8,231.55. During the year 1968, the respondent converted said funds to his own use, and there remains due and owing to the executrix of said estate the amount of $8,231.55, which is unpaid.
“The Board further finds that the respondent represented Marjorie V. Brown and held some $9,000.00 of her property in trust at the time of her death in August, 1968. The respondent has failed to account to the estate of said deceased client and remains indebted to the Estate of Marjorie V. Brown in the net amount of $8,787.47. This misappropriation also occurred during 1968.
“The Board further finds that the respondent received, in trust, certain negotiable securities which were the property of the Estate of Helen T. Pringle, deceased, during September, 1968. Subsequently the respondent converted said securities to his own use and has failed to restore the securities to the estate or to account to his client, the executrix, for the value of said bonds. The respondent continues to be indebted to the Estate of Helen T. Pringle in the amount of $17,000.00 because of said misappropriation.
"The Board of Governors has considered the entire record and finds the respondent guilty as charged and directs that he be disbarred.
“DONE AND ORDERED this 3rd day of December, 1969.”
Respondent admits to all charges levied against him. He has declined to file a response or to seek appearance before this Court. The most that can be said in respondent’s behalf is that he has been laboring under a difficult family situation which has been exacerbated by his wife’s continuing serious illness.
We conclude that there is no reason to disturb the judgment of the Board of Governors. The respondent Bobby A. Webb, is hereby disbarred from the practice of law in this State, and the costs of proceedings in this matter in the amount of $126.25 are hereby taxed against him.
It is is ordered.
ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.