Florida Bar v. Hall

Summary

The Florida Supreme Court reviewed a referee’s recommendation concerning attorney Sherry Grant Hall’s misconduct in altering and recording a purported agreement to purchase property and making related misrepresentations. The Court approved the findings and rule violation, but rejected the recommended ninety-day suspension and imposed disbarment based on the intentional fraud, forgery-related conduct, harassment, and abuse of legal status. The Court also approved an award of $20,160.71 in costs.

Holdings

1. The Supreme Court of Florida has broader review over a referee's recommended discipline than over the referee's factual findings because the Court bears ultimate responsibility for ordering the appropriate sanction.
2. Disbarment, rather than a ninety-day suspension, was the appropriate sanction for Hall's intentional and prolonged dishonesty, fraudulent document alteration and recording, misrepresentations, harassment, and abuse of the legal system.
3. Standard 5.0, concerning failure to maintain personal integrity and conduct involving dishonesty, fraud, deceit, or misrepresentation, applied to Hall's misconduct; the referee improperly relied on Standard 7.0.
4. The referee's findings of fact, recommendation that Hall violated Rule 4-8.4(c), and award of $20,160.71 in costs were approved.

Questions Presented

1. Whether the referee's recommended ninety-day suspension was an appropriate sanction for Hall's intentional dishonesty, fraud, misrepresentation, forgery-related conduct, harassment, and abuse of the legal system.
2. Whether Florida Standard for Imposing Lawyer Sanctions 5.0, rather than Standard 7.0, governed the sanction for Hall's intentional dishonest conduct in her personal affairs.
3. Whether the Supreme Court of Florida should approve the referee's factual findings, recommendation of guilt under Rule 4-8.4(c), and award of costs.

Disposition

other