The Florida Bar v. Miller

Summary

The Florida Supreme Court reviewed attorney-discipline proceedings arising from Bartley Charles Miller's representation of a client in an employment discrimination and sexual harassment action. The court upheld findings that Miller knowingly concealed material evidence and made misleading statements, violating multiple Florida Bar rules, but reduced the recommended sanction from a two-year suspension to a one-year suspension and assessed costs.

Holdings

1. The referee's findings of fact and conclusions that Miller violated Rules Regulating The Florida Bar 4-3.3(a)(1), 4-3.4(a), and 4-8.4(c) were supported by competent, substantial evidence.
2. A one-year suspension from the practice of law, rather than the referee's recommended two-year suspension or a public reprimand, was the appropriate sanction.
3. The referee did not act improperly by considering the proposed report submitted by the Florida Bar, and Miller's claim that he lacked an opportunity to respond was not preserved for review.

Questions Presented

1. Whether competent, substantial evidence supported the referee's findings that Miller violated the rules prohibiting false statements to a tribunal, obstruction or concealment of evidence, and dishonest or deceitful conduct.
2. Whether the referee's recommended two-year suspension was appropriate under the Florida Standards for Imposing Lawyer Sanctions and applicable disciplinary precedent.
3. Whether the referee improperly considered a proposed report drafted by the Florida Bar and whether Miller preserved his objection.

Disposition

other