Supreme Court of Florida

Referee's report recommending respondent-attorney be found guilty of professional misconduct and be suspended from the practice of law for ninety days followed by a period of probation for two years, publicly reprimanded, and taxed with costs is approved in part and disapproved in part where: 1) inherent, direct conflict was exacerbated by the fact that respondent-attorney owned one of the companies; his loyalties were not only divided, but unequal; 2) respondent-attorney's failure to disclose and obtain consent violated rule 4-1.8; 3) respondent-attorney's failure to call and inform client of his activities was dishonest and deceitful; 4) respondent-attorney failed to demonstrate that the aggravating factors found, or the mitigating factors not found, were "without support in the record"; 5) respondent-attorney's conduct fell somewhere between that in Florida Bar v. Rodriguez and that in Florida Bar v. Bennett; and 6) in light of the longer suspension period, the recommendation that respondent-attorney also be publicly reprimanded for his conduct is disapproved.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

Court

• Supreme Court of Florida

Counsel