THE FLORIDA BAR, COMPLAINANT,
v.
GEORGE T. KELLY, III, RESPONDENT

Fla. | 1970-07-30
No. 39274
ERVIN, C. J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur.
238 So. 2d 289 Florida Supreme Court (1970) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court upheld a disciplinary suspension of attorney George T. Kelly, III for failing to properly disburse and account for client funds received in a personal injury settlement. The Court affirmed a six-month suspension followed by suspension until demonstrated rehabilitation.


Holding

Kelly violated the Integration Rule and Canons of Professional Ethics through his failure to properly disburse funds and account to his client. The Court affirmed the Board of Governors' judgment imposing a six-month suspension followed by suspension until Kelly demonstrates rehabilitation, and requiring him to pay costs of $135.80.


Headnotes

[1] An attorney's failure to properly disburse client funds and account for those funds constitutes a violation of the Integration Rule of The Florida Bar and the Canons of P…

[2] A lawyer found guilty of professional misconduct may be suspended from the practice of law for a specified period and thereafter until rehabilitation is demonstrated.

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Key Quotes

“The record shows that the respondent represented a plaintiff in a personal injury case. After receiving a settlement of $8,000 together with other funds advanced by the client, the respondent undertook to disburse $1,714.70 on behalf of the client for expenses incurred by the client. The referee found that he failed to properly disburse the funds and failed to account to the client.”

Establishes the factual basis for the disciplinary charge—Kelly's failure to properly handle and account for client settlement funds.

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Facts & Procedural History

Kelly represented a plaintiff in a personal injury case and received an $8,000 settlement plus other client funds. He undertook to disburse $1,714.70 …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us for review of the judgment entered by the Board of Governors of The Florida Bar on December 15, 1969, which judgment is in pertinent part as follows:

“The record shows that the respondent represented a plaintiff in a personal injury case. After receiving a settlement of $8,000 together with other funds advanced by the client, the respondent undertook to disburse $1,714.70 on behalf of the client for expenses incurred by the client. The referee found that he failed to properly disburse the funds and failed to account to the client. He found the respondent guilty as charged in the Complaint of violations of the Integration Rule of The Florida Bar and of the Canons of Professional Ethics, and recommended that he be suspended from the practice of law.
“Upon consideration, the Board of Governors concurs in the findings of fact of the referee and orders that the respondent be suspended from the practice of law for six months and thereafter until he shall demonstrate his rehabilitation, and that he pay the costs of these proceedings in the amount of $135.80.”

No request for hearing before us has been submitted by respondent. By petition dated January 22, 1970, respondent requests this Court allow him time to complete matters which “should be concluded in the near future.” Respondent has already had more than six months since the filing of his petition within which to complete the matters referred to. It is unnecessary to delay the commencement of the suspension period further.

The record and judgment of the Board of Governors of the Florida Bar have been examined by this Court. It is ordered that the judgment of the Board that respondent George T. Kelly, III, is guilty as charged and that he be suspended from the practice of law for six months and thereafter until he shall demonstrate his rehabilitation, and that he pay the costs of these proceedings in the amount of $135.80, be and the same is approved and adopted as the judgment of this Court. Execution is hereby directed to issue for the costs against respondent.

It is so ordered.

ERVIN, C. J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur.


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Citator

Cited By

  • THE Florida BAR v. Kelly, 269 So. 2d 362 (Fla. 1972)
    …ted review by this Court. On July 30, 1970, this Court ordered the suspension of respondent from the practice of law for six months, and thereafter until demonstration of rehabilitation and payment of costs. The Florida Bar v. George T. Kelly, III, 238 So. 2d 289 (Fla.1970). His suspension resulted from the mishandling of the funds received on behalf of a client. The Bar advises that respondent has not been reinstated from the aforesaid suspension order. The pertinent findings and recommendations of the ref…

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