Supreme Court of Florida

In a complaint filed by the Florida Bar against an attorney in connection with his representation of a seventeen year old client, the referee's recommendations as to guilt and discipline are approved in part and disapproved in part where: 1) referee's finding that the attorney's fee was excessive is disapproved; 2) referee's finding that the attorney failed both to provide competent representation to the client and to fully explain certain matters reasonably necessary for the client to make informed decisions is supported by competent, substantial evidence; 3) referee's finding of violation of conflict of interest and conduct prejudicial to the administration of justice is approved; 4) the referee erred as a matter of law when he required the Bar to establish dishonesty, misrepresentation, fraud, or deceit in order to prove intent; and 5) referee's recommendation of a 90-day suspension is rejected and instead a six-month suspension is found to be the appropriate sanction.

Appellate Information

• Decided 07/08/2010
• Published 07/08/2010

Judges

• Per Curiam

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• John F. Harkness, Steven C. Whalen