THE FLORIDA BAR, COMPLAINANT,
v.
MICHAEL MYNHART TOBIN, RESPONDENT

Fla. | 1979-11-21
No. 57803
ENGLAND, C. J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur.
377 So. 2d 690 Florida Supreme Court (1979) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Bar disciplined attorney Michael Mynhart Tobin for violations of professional responsibility rules involving mishandling of client funds and neglect of a legal matter. The court approved Tobin's conditional guilty plea and consent judgment, imposing a public reprimand to be published in the Southern Reporter.


Holding

The court approved Tobin's conditional guilty plea and consent judgment, finding violations of Disciplinary Rules 9-102(B)(3) and (4) (regarding client funds and records) and 6-101(A)(3) (regarding neglect of legal matters), and imposed a public reprimand.


Headnotes

[1] A lawyer violates disciplinary rules by failing to promptly pay or deliver client funds and by neglecting a legal matter entrusted to them.

[2] A lawyer's failure to maintain complete records of client property and render appropriate accounts constitutes a violation of disciplinary rules.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“However, what is particularly damaging, is that the total lack of communication with the complainants after they made repeated inquiries.”

Grievance committee's finding regarding Tobin's failure to communicate with clients about their collected funds

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Tobin collected large sums of money on behalf of clients in May and July 1973 but did not pay them until March 1976, claiming his former secretary emb…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter is before the Court on Petition for Approval of Conditional Guilty Plea for Consent Judgment and Entry of Final Order of Discipline.

On October 1, 1979, The Florida Bar filed its Petition alleging:

1. On June 20, 1979, Grievance Committee “F” of the Eleventh Judicial Circuit filed its report with The Florida Bar finding probable cause in case numbers 11F75 — 1 and 11F79M12 and 11F74-12.

2. In cases 11F74-12 and 11F75-1, Mr. Tobin collected large sums of money on behalf of certain clients. Although the money was collected during May and July, 1973, he did not pay his clients until March 1976, when he paid them in full plus 6% interest. Mr. Tobin contends that his former secretary embezzled the funds. Nevertheless, the grievance committee report states: “However, what is particularly damaging, is that the total lack of communication with the complainants after they made repeated inquiries.”

3. In case number 11F79M12, the grievance committee found that Mr. To-bin was retained during November 1976 to represent a client in a claim against a physician for malpractice. The client believed that Mr. Tobin was proceeding with the case, while Mr. Tobin stated he informed the client that there was no case. Since February 1977, Mr. Tobin did not speak or write to his client, but he did put his malpractice carrier on notice, as the statute of limitations had expired.

The grievance committee found that Mr. Tobin violated the following Disciplinary Rules of the Code of Professional Responsibility: 9-102(B)(3) and (4) and 6 — 101(A)(3).

4. On August 10, 1979, Mr. Tobin signed a Conditional Guilty Plea for Consent Judgment to the Grievance Committee Report in exchange for a Public Reprimand to be published in the Southern Reporter. 5. By his plea, Mr. Tobin admitted that he was guilty of violating the following Disciplinary Rules:

9-102(B) a lawyer shall:
(3) Maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his client regarding them.

(4) Promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in possession of the lawyer which the client is entitled to receive.

6-101(A)(3) a lawyer shall not neglect a legal matter entrusted to him.

6. The Board of Governors of The Florida Bar at its meeting September 13-15,1979, voted to accept Mr. Tobin’s Conditional Guilty Plea for a Consent Judgment for a Public Reprimand to be published in the Southern Reporter. The Petition for Approval of Conditional Guilty Plea is granted, and Respondent, Michael Mynhart Tobin, is hereby disciplined by public reprimand to be published in the Southern Reporter based upon the facts set forth above. The publication of this Opinion shall serve as the public reprimand to Respondent.

[*DCCLXXII] Costs in the amount of $295.50 are hereby taxed against the Respondent.

It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • THE Florida BAR v. Tobin, 674 So. 2d 127 (Fla. 1996)
    …on is completed. Judgment is entered against Tobin for costs in the amount of $2,013.54, for which sum let execution issue. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. . Florida Bar v. Tobin, 377 So. 2d 690 (Fla.1979) (public reprimand for violating Disciplinary Rules 9 — 102(B)(3)—(4) and 6-101(A)(3) of the Code of Professional Responsibility); Florida Bar v. Tobin, (No. 88-71,545 (Fla. Bar Bd. of Gov’rs Jul. 20, 1989)) (private reprimand for minor mi…

Full citator, related cases, and AI research tools

Open in FLexlaw