The Florida Bar v. John Newman Bryant

Summary

The Supreme Court of Florida reviews disciplinary proceedings against attorney John Newman Bryant arising from inadequate diligence and failure to respond to the Bar in one representation, and sexual conduct involving another client. The court upholds findings that Bryant violated Rules Regulating the Florida Bar 4-1.3, 4-8.4(b), 4-8.4(d), and 4-8.4(g), reverses the referee's finding regarding Rule 4-8.4(i), and imposes a one-year suspension, a professionalism program, two years of probation, and costs.

Holdings

1. The Court upheld the referee's findings that Bryant was not guilty of violating Rules 4-1.4(a) and 4-1.4(b) because competent, substantial evidence supported those findings.
2. Bryant violated Rule 4-8.4(i) because he obtained sexual activity from Rodehaver through exploitation of the lawyer-client relationship.
3. A one-year suspension, completion of a Professionalism Enhancement Program before reinstatement, two years of probation thereafter, and payment of $3,633.17 in costs were appropriate sanctions.

Questions Presented

1. Whether competent, substantial evidence supported the referee's findings that Bryant was not guilty of violating Rules Regulating the Florida Bar 4-1.4(a) and 4-1.4(b) in the Albano matter.
2. Whether Bryant's exchange of sexual conduct for legal services exploited the lawyer-client relationship and violated Rule Regulating the Florida Bar 4-8.4(i).
3. Whether the referee's recommended discipline was sufficient in light of Bryant's violations and disciplinary history.
4. What amount of costs should be assessed against Bryant.

Disposition

other