From Casetext: Smarter Legal Research

The Florida Bar v. Patterson

Supreme Court of Florida
Sep 1, 1988
530 So. 2d 285 (Fla. 1988)

Summary

finding that faulty representation of client, neglect of legal matters, failure to communicate with clients, failure to refund unearned legal fees in timely manner and abandonment of clients warranted one-year suspension

Summary of this case from Florida Bar v. Elster

Opinion

No. 71141.

September 1, 1988.

John F. Harkness, Jr., Executive Director, John T. Berry, Staff Counsel, Susan V. Bloemendaal, Bar Counsel and John V. McCarthy, Asst. Staff Counsel, Tallahassee, for complainant.

No appearance, for respondent.


This disciplinary proceeding is before the Court for consideration of the referee's report. Pursuant to rulings granting The Florida Bar's motions to deem matters admitted and for judgment on the pleadings, the referee recommended that respondent, Roger D. Patterson, be found guilty on all counts of the Bar's six-count complaint. Neither party seeks review of the referee's report.

On three counts of the Bar's complaint, the referee found that respondent provided faulty representation, neglected legal matters entrusted to him, failed to communicate with clients, and failed to return documents or refund unearned fees in a timely manner. On two of the counts the referee found that respondent abandoned his clients by leaving the state without notice to his clients, without returning documents, and without refunding fee payments. On one count the referee found that respondent was reported to the Bar by the First District Court of Appeal for mishandling clients' appeals and failing to follow procedural rules.

The referee recommended that respondent be found guilty of violating the former Florida Bar Code of Professional Responsibility, Disciplinary Rules 1-102(A)(6) (conduct adversely reflecting on fitness to practice law); 6-101(A)(1) (handling a legal matter one is not competent to handle); 6-101(A)(2) (handling a legal matter without adequate preparation); 6-101(A)(3) (neglect of a legal matter); and 9-102 (failure to preserve the identity of funds belonging to a client).

On the matter of discipline, the referee recommended that respondent be suspended from the practice of law for one year, that he be required to make restitution to all parties harmed by his misconduct, and that he be required to pass the Florida bar examination in its entirety. We approve the referee's report. Roger D. Patterson is hereby suspended from the practice of law in Florida for one year, effective immediately. As conditions precedent to his reinstatement, we approve the requirements set forth in the referee's report.

The costs of this proceeding are taxed against the respondent. Judgment is entered against Roger D. Patterson for costs in the amount of $2,574.97, for which sum let execution issue.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


Summaries of

The Florida Bar v. Patterson

Supreme Court of Florida
Sep 1, 1988
530 So. 2d 285 (Fla. 1988)

finding that faulty representation of client, neglect of legal matters, failure to communicate with clients, failure to refund unearned legal fees in timely manner and abandonment of clients warranted one-year suspension

Summary of this case from Florida Bar v. Elster

finding attorney's faulty representation, neglect of legal matters entrusted to him, and failure to communicate with clients warranted a one-year suspension

Summary of this case from Florida Bar v. Morrison

imposing a one-year suspension for neglect of client matters

Summary of this case from The Florida Bar v. Shoureas
Case details for

The Florida Bar v. Patterson

Case Details

Full title:THE FLORIDA BAR, COMPLAINANT, v. ROGER D. PATTERSON, RESPONDENT

Court:Supreme Court of Florida

Date published: Sep 1, 1988

Citations

530 So. 2d 285 (Fla. 1988)

Citing Cases

The Florida Bar v. Shoureas

eals that the sanction of a long-term suspension, not disbarment, is authorized under the Standards for…

Florida Bar v. Winderman

We conclude that a one-year suspension followed by a one-year probation after Winderman has been reinstated…