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The Florida Bar v. Simons, 391 So.2d 684

Facts

Jerome A. Simons, a member of The Florida Bar, was involved in a real estate transaction where he prepared a promissory note and mortgage for a $5,000 debt that was actually a concealed portion of the purchase price of a home. After learning of a federal investigation into the transaction, Simons advised his clients to testify falsely about the nature of the debt and to create false evidence to support their claims. He later admitted under oath that he knew his advice was improper.

Jerome A. Simons, a member of The Florida Bar, was involved in a real estate transaction where he prepared a promissory note and mortgage for a $5,000 debt that was actually a concealed portion of the purchase price of a home.

Issue

Did Jerome A. Simons engage in professional misconduct by advising clients to testify falsely and fabricate evidence in violation of ethical rules?

Did Jerome A. Simons engage in professional misconduct by advising clients to testify falsely and fabricate evidence in violation of ethical rules?

Rule

An attorney must not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, and must uphold the integrity of the legal profession.

An attorney must not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, and must uphold the integrity of the legal profession.

Analysis

The court found that Simons knowingly provided false advice to his clients, which constituted a violation of the ethical standards expected of attorneys. His actions were prejudicial to the administration of justice and reflected poorly on his fitness to practice law. The court emphasized the importance of honesty and integrity in legal practice, particularly in the context of client representation and testimony.

The court found that Simons knowingly provided false advice to his clients, which constituted a violation of the ethical standards expected of attorneys.

Conclusion

The court concluded that Jerome A. Simons should be suspended from the practice of law for three months and publicly reprimanded for his misconduct.

The court concluded that Jerome A. Simons should be suspended from the practice of law for three months and publicly reprimanded for his misconduct.

Who won?

The Florida Bar prevailed in this case as the court upheld the referee's findings and recommendations for disciplinary action against Simons due to his unethical conduct.

The Florida Bar prevailed in this case as the court upheld the referee's findings and recommendations for disciplinary action against Simons due to his unethical conduct.

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