Summary
The Florida Supreme Court approved a referee’s recommendation to disbar attorney Gary A. Poe for preparing a client’s will that named Poe as a beneficiary and personal representative, in violation of attorney competence and prohibited testamentary-gift rules. The court emphasized Poe’s extensive prior disciplinary history and ordered disbarment without leave to apply for readmission for five years, along with payment of costs.
Topics
Practice areas
Questions Presented
- Whether the referee's findings that Poe violated Rules Regulating The Florida Bar 4-1.1 and 4-1.8(c) were supported by the evidence.
- Whether disbarment was the appropriate discipline for Poe's misconduct in preparing a testamentary instrument that benefited himself and for his cumulative disciplinary history.
Holdings
- The court approved the referee's findings that Poe violated Rule 4-1.1 by failing to provide competent representation and Rule 4-1.8(c) by preparing an instrument giving himself a testamentary gift from a client.
- Disbarment was warranted and was imposed without leave to apply for readmission for five years, together with an award of costs.
Key quotations
“Gary A. Poe is hereby disbarred without leave to apply for readmission to The Florida Bar for five years effectively immediately.” (786 So. 2d at 1164)
“Given the nature of this case and the relationship between [Poe] and his former client [i.e., they were close friends] that lent itself to a violation of two of the most necessary elements of lawyering as a profession, it is my opinion that nothing less than disbarment is warranted here.” (786 So. 2d at 1164)
Factual background
Attorney Gary A. Poe was retained by Jack Sewall to prepare a will. Poe drafted a will that named Poe, who was not Sewall's relative, as a $15,000 beneficiary and as personal representative, despite Sewall's acute mental-health problems and disclosure to Poe of a contemplated suicide. Poe's attempted renunciation did not effectively correct the will's failure to dispose of Sewall's assets as Sewall wished. Poe also had an extensive prior disciplinary history.
Procedural history
The Florida Bar filed three complaints against Poe, and the referee consolidated them. At the final hearing, the Bar abandoned two complaints with prejudice and proceeded only on case SC94768. The referee found violations of Rules Regulating The Florida Bar 4-1.1 and 4-1.8(c), recommended disbarment and costs, and the Supreme Court of Florida approved the recommendation.