The Florida Bar v. Spear

Summary

The Supreme Court of Florida reviewed a referee's findings that Garry R. Spear violated rules governing client trust funds, trust-account records, and responses to disciplinary inquiries. The court approved the findings and findings of guilt but increased the recommended sanction from a three-year suspension to disbarment, also awarding costs to The Florida Bar.

Holdings

1. The referee's factual findings and recommendations as to guilt were supported by competent, substantial evidence and were sufficient under the applicable rules to establish Spear's violations.
2. The recommended three-year suspension was not authorized under the Florida Standards for Imposing Lawyer Sanctions because intentional or knowing conversion of client property presumptively warrants disbarment.
3. Disbarment, rather than suspension, was the appropriate sanction because it had a reasonable basis in existing Florida disciplinary case law governing misuse of client funds.

Questions Presented

1. Whether competent, substantial evidence supported the referee's factual findings and recommendations as to guilt.
2. Whether the referee's recommended three-year suspension was an authorized and reasonable sanction for intentional or knowing conversion of client funds.
3. Whether disbarment was appropriate in light of the aggravating and mitigating circumstances.

Disposition

other