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Keywords

attorneyadoptionrespondent

attorneyhearingadoptionrespondent

Related Cases

The Florida Bar v. Ball, 406 So.2d 459

Facts

The Florida Bar charged the respondent with violating five disciplinary rules after he represented Mr. and Mrs. O'Hearn in an adoption case. Following a fee disagreement, the respondent wrote a letter to the social worker suggesting that the couple might be in financial difficulties, which could jeopardize the adoption. Despite the social worker's refusal to withdraw her favorable recommendation, the respondent continued to express contempt for his clients and questioned their moral standards, leading to disciplinary action.

The Florida Bar charged respondent with violating five disciplinary rules of the Florida Bar Code of Professional Responsibility. The material facts are not in dispute. A Mr. and Mrs. O'Hearn contacted respondent and arranged for his assistance in adopting a newborn child. After the couple received the child but before the final hearing on the adoption, a fee disagreement arose.

Issue

Did the respondent violate the Florida Bar Code of Professional Responsibility by attempting to harm his clients' interests during the adoption process?

Rule

The court applied DR 1-102(A)(6), which prohibits conduct that adversely reflects on an attorney's fitness to practice law.

Analysis

The court found that the respondent's actions were intentional and unjustifiable, as he attempted to prejudice his clients' interests by suggesting to the social worker that they were financially unfit to adopt. This conduct was deemed to reflect adversely on his fitness to practice law, warranting disciplinary action.

Conclusion

The court concluded that a three-month suspension from the practice of law was the appropriate discipline for the respondent's actions, which were influenced by personal prejudices.

We have determined that the appropriate measure of discipline in this instance is suspension from the practice of law for three months.

Who won?

The Florida Bar prevailed in the case, as the court agreed that the respondent's actions warranted a suspension due to his attempt to harm his clients' interests.

The Bar has petitioned for review, asserting that the discipline should be more severe given the facts of this cause.

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