THE FLORIDA BAR, COMPLAINANT,
v.
ALTON S. BEASLEY, RESPONDENT
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The Florida Supreme Court disbarred attorney Alton Beasley for using his position as a client's lawyer to facilitate illegal drug transactions. The court rejected a recommended 24-month suspension as insufficiently punitive, finding that an attorney willing to exploit a client relationship for personal gain lacks the moral character required of Bar members.
Beasley violated Disciplinary Rules 1-102(A)(3), 1-102(A)(6), and Rule 11.02(3)(b) of the Florida Bar's Integration Rules. The court imposed disbarment effective October 3, 1977, rejecting the referee's recommended 24-month suspension as insufficiently severe given Beasley's willingness to exploit his client relationship for personal gain.
[1] A lawyer's involvement in arranging the delivery of controlled substances to a client constitutes a violation of professional conduct rules.
[2] A lawyer's conviction for delivery of a controlled substance warrants disbarment.
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Join FLexlaw to unlock all legal intelligence“a lawyer who is willing to forsake his client for his own personal goals demonstrates a lack of moral character and fitness required of a member of the Bar”
Establishes the court's reasoning for rejecting leniency and imposing disbarment rather than suspension
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Join FLexlaw to unlock all legal intelligenceBeasley was retained to represent Joyce Van Landingham in a dissolution of marriage proceeding. On June 22, 1975, Van Landingham asked Beasley to supp…
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PER CURIAM.
This disciplinary proceeding against Alton Beasley, a member of The Florida Bar, is before us on complaint of The Florida Bar, report of the referee, petition for review filed by Beasley and cross-petition of The Florida Bar. After considering the pleadings and evidence, the referee made the following findings:
“That prior to June 22, 1975, the Respondent, ALTON S. BEASLEY, was retained by one Joyce Van Landingham to represent her in a dissolution of marriage proceeding. That on or about June 22, 1975, Mrs. Van Landingham met the Respondent at his ranch in Okeechobee County, Florida, and asked him to supply her with quaaludes, a substance controlled by Chapter 893, Florida Statutes. That Respondent at the meeting of June 22, 1975, indicated to Mrs. Van Landing-ham that he could arrange for the delivery of a quantity of quaaludes to her. “That on or about June 24, 1975, the Respondent and Mrs. Van Landingham met at the Respondent’s office in Fort Pierce, Florida, at which meeting the Respondent advised her that he could arrange for the delivery of a quantity of marijuana to her, marijuana being a substance controlled by Chapter 893, Florida Statutes. That at the meeting of June 24, 1975, the Respondent made a phone call to arrange for the introduction of Mrs. Van Landingham to a certain person or persons whom Respondent represented would be in a position to supply her with drugs. That relying upon the directions of the Respondent, Mrs. Van Landingham contacted one Don Raulerson and did on or about June 26, 1975 purchase approximately four pounds of marijuana from said Don Raulerson. That the Respondent was subsequently found guilty of delivery of cannabis on August 20, 1975 in Case No. 75-253-C in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, and on September '23, 1975 received a judgment and sentence of one year in the County jail. The Respondent has appealed the judgment.”
The referee recommends that respondent be found guilty of violation of D.R. 1-102(A)(3), D.R. 1-102(A)(6) and Rule 11.-02(3)(b), Article XI, Integration Rule of The Florida Bar, and not guilty of violation of D.R. 1-102(A)(4).
Having carefully reviewed the record and briefs, we approve the findings and recommendations of the referee as to guilt.
As to the disciplinary measure to be imposed, the referee recommends that respondent be suspended from the practice of law for a period of twenty-four months and thereafter until he shall prove his rehabilitation.
The Bar suggests that, under the circumstances, the recommended penalty is too lenient since a lawyer who is willing to forsake his client for his own personal goals demonstrates a lack of moral character and fitness required of a member of the Bar. We would agree with the Bar and find that disbarment is warranted.
Accordingly, respondent, Alton S. Beasley, is hereby disbarred. The disbarment shall be effective on October 3, 1977, thereby giving respondent time to close out his practice and take the necessary steps to protect his clients, and it is ordered that respondent shall not accept any new business. The filing of a petition for rehearing shall not alter the effective date of this disbarment. Execution is directed to issue for the costs of these proceedings against the respondent in the amount of $1,051.26.
It is so ordered.
OVERTON, C. J., and BOYD, SUND-BERG, HATCHETT and KARL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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THE Florida BAR v. Wilson, 425 So. 2d 2 (Fla. 1983)…Respondent was engaged in illegal drug trafficking, a troublesome and serious crime. We have not hesitated in the past to disbar an attorney for similar acts even though a referee recommended less severe discipline. See The Florida, Bar v. Beasley, 351 So. 2d 959 (Fla.1977). Illegal behavior involving moral turpitude “demonstrate[s] an intentional and flagrant disregard for the very laws Respondent is bound to uphold, the well-being of the members of society, and the ethical standards applicable to members o…
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THE Florida BAR v. Heptner, 887 So. 2d 1036 (Fla. 2004)…ile suspended and, thus, intentionally violated an order of this Court. Third, Heptner has engaged in multiple acts of misconduct over an extended period of time. Case law indicates that such misconduct merits disbarment. In Florida Bar v. Beasley, 351 So. 2d 959 (Fla.1977), respondent attorney Beasley instructed a client to contact a third party who could supply the client with illegal drugs. The client purchased approximately four pounds of marijuana from that contact. Subsequently, Beasley was found guilt…
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THE Florida BAR v. Marks, 492 So. 2d 1327 (Fla. 1986)…ee. As this Court has stated before, a lawyer who is willing to forsake his client for his own personal goals by involving the client in illegal drug schemes lacks the moral character and fitness required of a bar member. The Florida Bar v. Beasley, 351 So. 2d 959 (Fla.1977). Indeed, we have not hesitated in the past to disbar an attorney for involving himself in the illegal drug trade even where a referee has recommended a less severe discipline. Hecker, 475 So. 2d at 1243 (attorney who conspired to traffic…
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