The Florida Bar v. Randall Lawrence Gilbert

Summary

The Supreme Court of Florida reviewed disciplinary proceedings against Randall Lawrence Gilbert arising from his failure to supervise an employee with a history of fraud and the employee’s embezzlement of nearly $4.8 million from the firm’s trust account. The court upheld the referee’s findings of professional misconduct but rejected the recommended two-year suspension and imposed disbarment, effective immediately, along with an award of costs.

Holdings

1. The Court rejected Gilbert's challenges to the referee's findings of guilt under Bar Rules 3-4.3, 4-1.3, 4-8.4(c), 5-1.2(b)(6), and 5-1.2(c)(1), and approved the referee's factual findings and recommendation as to guilt.
2. The Supreme Court has broader review of a referee's recommended discipline than of the referee's factual findings because the Court bears ultimate responsibility for ordering the appropriate sanction.
3. Disbarment, rather than a two-year suspension or a shorter suspension, was warranted by Gilbert's egregious and prolonged failure to supervise Sacks, trust-account violations, and dishonesty.

Questions Presented

1. Whether the referee erred in finding Gilbert guilty of violating Bar Rules 3-4.3, 4-1.3, 4-8.4(c), 5-1.2(b)(6), and 5-1.2(c)(1).
2. Whether the referee's recommended two-year suspension was an appropriate disciplinary sanction.
3. Whether the circumstances warranted disbarment rather than suspension.

Disposition

other