THE FLORIDA BAR, COMPLAINANT,
v.
BRUCE J. DANIELS, RESPONDENT

Fla. | 1978-07-27
No. 53476
ENGLAND, C. J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur., HATCHETT, J., dissents with an opinion.
361 So. 2d 420 Florida Supreme Court (1978)

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Synopsis

The Florida Bar filed a disciplinary complaint against attorney Bruce J. Daniels for violating professional responsibility rules by preparing erroneous deeds and issuing worthless certificates of title. The Florida Supreme Court approved Daniels' conditional guilty plea and imposed discipline by public reprimand.


Holding

The Court approved Daniels' conditional guilty plea and imposed public reprimand as discipline. The respondent admitted to the violations alleged and the Court accepted this conditional guilty plea as appropriate discipline for the professional misconduct.


Headnotes

[1] A lawyer violates disciplinary rules by preparing erroneous deeds based on inaccurate records and failing to remedy the improper conveyances when brought to their attenti…

[2] A lawyer violates disciplinary rules by issuing instruments entitled 'Certificate of Insured Title' when no insurance or escrow funds exist, and the instruments are value…

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Key Quotes

“respondent prepared erroneous deeds for the grantee. When the errors were brought to respondent's attention, he failed to take any meaningful action to remedy the improper conveyances.”

Establishes the core misconduct involving failure to correct defective legal documents

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Facts & Procedural History

Daniels was retained to prepare deeds for property purchased under a contract for deed. He prepared erroneous deeds for the grantee based on records h…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

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

On February 24, 1978, The Florida Bar filed its Petition alleging:

“1. On May 2, 1977, counsel for The Florida Bar filed a complaint charging respondent with violating Disciplinary Rules 1 — 102(A)(5), 7-102(A)(7) and 7-102(B)(1) of the Code of Professional Responsibility of The Florida Bar. “2. On January 9, 1978, respondent executed a conditional guilty plea in which he admitted violating Disciplinary Rules 1 — 102(A)(5), 7-102(A)(7) and 7-102(B)(1) in that he was retained to prepare deeds for property purchased pursuant to a contract for deed, and relying on records which he knew to be inaccurate and incomplete, respondent prepared erroneous deeds for the grantee. When the errors were brought to respondent’s attention, he failed to take any meaningful action to remedy the improper conveyances. Respondent further violated Disciplinary Rule 1 — 102(A)(5), 7-102(A)(7) and 7-102(B)(l) in that he issued instruments entitled ‘Certificate of Insured Title’ for issuance by his client when respondent knew that no insurance or escrow funds existed pursuant to the certif icates, and that the instruments were valueless.”

The Petition for Approval of Conditional Guilty Plea is granted, and Respondent, Bruce J. Daniels, 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.

Costs in the amount of $348.50 are hereby taxed against the Respondent.

It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur. HATCHETT, J., dissents with an opinion.

Dissent
HATCHETT, Justice,

HATCHETT, Justice,

dissenting.

I would disapprove the conditional guilty plea.


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