THE FLORIDA BAR, COMPLAINANT,
v.
WILLIAM LEWIN, RESPONDENT
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The Florida Supreme Court disbarred attorney William Lewin for violating professional responsibility rules while serving as personal representative of two estates. Lewin lost estate funds in an unauthorized silver company investment and fraudulently obtained discharge from another estate by forging a receipt for funds he appropriated.
The Court agreed with the referee that Lewin's actions violated multiple disciplinary rules through both irresponsible fund management in the Alberti Estate and reprehensible fraudulent conduct in the Marquez Estate, warranting disbarment from the practice of law in Florida.
[1] A lawyer acting as personal representative of an estate violates disciplinary rules by investing estate funds without court order or beneficiary consent.
[2] A lawyer violates disciplinary rules by failing to properly account for estate funds.
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Join FLexlaw to unlock all legal intelligence“Respondent paid the beneficiary of the Alberti Estate $20,000.00 of a $71,918.00 estate, having lost the balance in a silver company investment. Respondent was personal representative of the Alberti Estate as well as attorney. He invested the funds above mentioned with Commonwealth Silver Exchange, Inc. without the court's order or the consent of the beneficiary.”
Establishes the facts of unauthorized estate investment and loss of funds
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Join FLexlaw to unlock all legal intelligenceAs personal representative and attorney for the Alberti Estate, Lewin invested estate funds with Commonwealth Silver Exchange without court approval o…
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PER CURIAM.
This is a disciplinary proceeding against Respondent William Lewin, a member of The Florida Bar. Respondent made no request for a hearing before us, nor did he file responsive pleadings. The referee made the following findings and recommendation:
“Findings by referee upon hearing:
“As to Counts I and II
“I find that respondent paid the beneficiary of the Alberti Estate $20,000.00 of a $71,918.00 estate, having lost the balance in a silver company investment. Respondent was personal representative of the Alberti Estate as well as attorney. He invested the funds above mentioned with Commonwealth Silver Exchange, Inc. without the court’s order or the consent of the beneficiary. Although there is nothing in the record to show whether or not such investment was an investment a prudent person would have made at the time it was made, nevertheless it appears his actions in failing to properly account for the funds is a violation of the Disciplinary Rules 1 — 102(A)(3), 1-102(A)(4), 9-102(A), 9 — 102(B)(3), and 9-102(B)(4) of the Code of Professional Responsibility and Rules [11.02(3)(a)] and [11.02(3)(b)] of Article XI of the Integration Rules of the Florida Bar. “As to Counts III and IV
“I find that respondent while acting as personal representative of the estate of Rosa Marquez appropriated funds belonging to Rosita Booth, beneficiary of said estate, had her sign a receipt acknowledging that she had received the funds when she had not, and then filed such false receipt with the probate judge to obtain respondent’s discharge as personal representative. This reprehensible conduct requires discipline and is a violation of Disciplinary Rules 6-101(A)(3), 9-102(A), 9-102(B)(3) and 9-102(B)(4) of the Code of Professional Responsibility, and Rule 11.-02(4)(a) of Article XI of the Integration Rules of the Florida Bar. “Recommendation :
“Because of the irresponsible actions of the respondent as to Counts I and II and the reprehensible conduct of respondent as to Counts III and IV, I recommend that respondent be disbarred from the practice of law in Florida and be required to pay all costs incurred in the disciplinary proceedings.”
We have examined the report of the referee as well as the record of the proceedings. We agree with the referee’s findings and accept his recommendation. Accordingly, Respondent William Lewin is dis barred from the practice of law in Florida upon the effective date of this order and shall pay the costs of these proceedings in the amount of $638.20.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD, ENGLAND and HATCHETT, JJ., concur,