THE FLORIDA BAR, COMPLAINANT,
v.
GEORGE W. PROVOST, RESPONDENT
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The Florida Bar brought a disciplinary proceeding against attorney George W. Provost for multiple instances of negligent and incompetent representation of clients in bankruptcy, family law, and estate matters. The Florida Supreme Court affirmed the Referee's findings of ethical violations and suspended Provost from the practice of law for three years, with proof of rehabilitation required.
The Court affirmed the Referee's findings that Provost violated multiple disciplinary rules through negligent and incompetent representation. The Court imposed a three-year suspension from the practice of law with proof of rehabilitation required thereafter, plus costs of $499.58.
[1] An attorney's failure to properly represent and protect client interests constitutes a breach of ethical duties.
[2] An attorney may be found to have negligently and incompetently failed to protect a client's secured claim in a bankruptcy matter after receiving a retainer.
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Join FLexlaw to unlock all legal intelligence“the respondent had negligently and incompetently failed to protect a client's secured claim in a bankruptcy matter after receiving a retainer therefor, and further falsely advised his client concerning his nonaction”
Establishes the core factual findings regarding Provost's breach of duty to clients in bankruptcy representation
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Join FLexlaw to unlock all legal intelligenceThe Referee found that Provost negligently failed to protect a client's secured claim in a bankruptcy matter after receiving a retainer and falsely ad…
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PER CURIAM.
This is a disciplinary proceeding brought by The Florida Bar against the respondent, George W. Provost. The respondent did not file a petition for review. The Referee found the respondent had breached his ethical duties by failing to properly represent and protect the interests of his clients.
The Referee found (1) that the respondent had negligently and incompetently failed to protect a client’s secured claim in a bankruptcy matter after receiving a retainer therefor, and further falsely advised his client concerning his nonaction; (2) that the respondent failed to complete the representation of a client in a child support matter for which he had received a fee by failing to prepare and submit an order of support pursuant to the directions of the trial judge, and further that he failed to withdraw from employment after he knew he was required to do so; (3) that the respondent negligently failed to complete the administration of two estates and failed to comply with court orders pertaining thereto.
The Referee found that such conduct was in violation of the following disciplinary rules of the Code of Professional Responsibility: DR 1-102(A)(4) and (A)(5); DR 2-110(A)(2), (A)(3) and (B)(2); DR 6-101 (A)(1), (A)(2), and (A)(3); and DR 7-101 (A)(1), (A) (2), and (A)(3).
The prior disciplinary history of the respondent reflects that he received a private reprimand on March 20, 1964, and was suspended from the practice of law for one year on March 23, 1973. The Florida Bar v. Provost, 275 So. 2d 225 (Fla.1973).
The Referee recommended that the respondent be suspended from the practice of law for a period of three years-with proof of rehabilitation being required, and that he pay the costs of these proceedings.
We have reviewed the record in the proceeding before us. We approve the findings and recommendation of the Referee, and it is ordered that the respondent be suspended from the practice of law for a period of three years and thereafter until he establishes proof of his rehabilitation.
Execution is directed to issue for the costs of these proceedings against the respondent in the amount of $499.58.
It is so ordered.
ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.
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THE Florida BAR v. Centurion, 801 So. 2d 858 (Fla. 2000)…cases involving the mishandling of client cases. See Florida Bar v. Morrison, 669 So. 2d 1040 (Fla.1996); Florida Bar v. Patterson, 530 So. 2d 285 (Fla.1988); Florida Bar v. Pincus, 327 So. 2d 29 (Fla.1975). The Bar cites to Florida Bar v. Provost, 323 So. 2d 578 (Fla.1975), in support of its recommendation that a two-year suspension is the proper discipline. In Provost, the attorney had engaged in acts of client neglect similar to this case. However, that attorney had a disciplinary history that included a…
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THE Florida BAR v. Cimbler, 840 So. 2d 955 (Fla. 2002)…guishable because they contain no discussion of mitigation, which the referee found to be significant in the present case. See Florida Bar v. Elster, 770 So. 2d 1184 (Fla.2000); Florida Bar v. King, 664 So. 2d 925 (Fla.1995); Florida Bar v. Provost, 323 So. 2d 578 (Fla.1975); Florida Bar v. Schneiderman, 285 So. 2d 392 (Fla.1973). CONCLUSION Considering all of the circumstances in this case, we conclude that a one-year suspension followed by a term of three years’ probation is appropriate.5 We approve all o…
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THE Florida BAR v. Petersen, 248 So. 3d 1069 (Fla. 2018)…in Florida Bar v. Feige , 937 So. 2d 605 (Fla. 2006), where the attorney had engaged in sixteen different rule violations involving serious deficiencies in his representation of numerous clients. Id. at 606-07. Similarly, in Florida Bar v. Provost , 323 So. 2d 578 (Fla. 1975), the Court imposed a three-year suspension upon a lawyer who failed to properly represent and protect the interests of his clients. Id. at 578-79. In Florida Bar v. Shoureas , 892 So. 2d 1002 (Fla. 2004), we rejected disbarment in favor…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Provost, 275 So. 2d 225 (Fla. 1973)