From Casetext: Smarter Legal Research

Florida Bar v. Brown

Supreme Court of Florida
Apr 14, 1994
635 So. 2d 13 (Fla. 1994)

Summary

holding in contempt and disbarring attorney for continuing to practice law after disciplinary resignation

Summary of this case from Florida Bar v. Forrester

Opinion

No. 82717.

April 14, 1994.

Lorraine C. Hoffmann, Bar Counsel, Fort Lauderdale, for complainant.

James A. Brown, pro se, respondent.


We have for review the complaint of The Florida Bar asking that we hold James A. Brown in contempt for violating the terms of his disciplinary resignation. We have jurisdiction. Art. V, § 15, Fla. Const.

On September 9, 1993, this Court granted respondent's petition for disciplinary resignation nunc pro tune to November 25, 1992. On this earlier date, we had granted The Florida Bar's petition that Brown be placed under emergency suspension for alleged ethical violations.

The Florida Bar now presents evidence to this Court that Brown has continued to practice law after his disciplinary resignation, in violation of this Court's order granting his petition to resign. Brown has refused to accept service in the present action and has not responded to the Bar's complaint. We therefore accept the allegations made by the Bar as true.

Clear violation of any order or disciplinary status that denies an attorney the license to practice law generally is punishable by disbarment, absent strong extenuating factors. The Florida Bar v. Jones, 571 So.2d 426 (Fla. 1990); The Florida Bar v. Winter, 549 So.2d 188 (Fla. 1989). We agree with the Bar that disbarment is warranted here.

Accordingly, we hold Brown in contempt of Court and disbar him for a period of six years, nunc pro tune to November 25, 1992. Brown is hereby ordered not to engage in the practice of law either directly or indirectly for so long as his disbarment continues and thereafter until such time as he may be readmitted to the Bar, upon penalty of fine, imprisonment, or both. Judgment for costs in the amount of $744.85 is hereby awarded against Brown and in favor of The Florida Bar, for which sum let execution issue.

It is so ordered.

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


Summaries of

Florida Bar v. Brown

Supreme Court of Florida
Apr 14, 1994
635 So. 2d 13 (Fla. 1994)

holding in contempt and disbarring attorney for continuing to practice law after disciplinary resignation

Summary of this case from Florida Bar v. Forrester

holding in contempt and disbarring attorney for violating the terms of his disciplinary resignation by continuing to practice law after disciplinary resignation; holding that "[c]lear violation of any order or disciplinary status that denies an attorney the license to practice law generally is punishable by disbarment, absent strong extenuating factors"

Summary of this case from Florida Bar v. Ross

In Florida Bar v. Brown, 635 So.2d 13, 13-14 (Fla. 1994), this Court stated: "Clear violation of any order or disciplinary status that denies an attorney the license to practice law generally is punishable by disbarment, absent strong extenuating factors."

Summary of this case from Florida v. Walkden

In Florida Bar v. Brawn, 635 So.2d 13, 13-14 (Fla. 1994), we found an individual to be in contempt of this Court and disbarred him for practicing law after resigning from the Bar in light of disciplinary allegations.

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

Florida Bar v. Brown

Case Details

Full title:THE FLORIDA BAR, COMPLAINANT, v. JAMES A. BROWN, RESPONDENT

Court:Supreme Court of Florida

Date published: Apr 14, 1994

Citations

635 So. 2d 13 (Fla. 1994)

Citing Cases

The Florida Bar v. Shoureas

Accordingly, disbarment or any other sanction would be improper here. Based on the referee's finding of "[n]o…

The Florida Bar v. Lobasz

In contempt cases, a respondent's "[c]lear violation of any order or disciplinary status that denies an…