Florida Bar v. Katz

491 So. 2d 1101, 11 Fla. L. Weekly 290, 1986 Fla. LEXIS 2292
CourtSupreme Court of Florida
DecidedJune 26, 1986
DocketNo. 67546
StatusPublished

This text of 491 So. 2d 1101 (Florida Bar v. Katz) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Bar v. Katz, 491 So. 2d 1101, 11 Fla. L. Weekly 290, 1986 Fla. LEXIS 2292 (Fla. 1986).

Opinion

BARKETT, Justice.

This disciplinary proceeding is before us upon complaint of The Florida Bar and the referee’s report. Respondent has filed a petition for review. We have jurisdiction pursuant to article V, section 15, Florida Constitution.

Respondent was the subject of three separate investigations which resulted in findings of probable cause by a duly constituted grievance committee of The Florida Bar. After a hearing, the referee submitted his report recommending that respondent be found guilty of various violations of the Code of Professional Responsibility and the Integration Rule of The Florida Bar, and that he be disbarred.

In Count I, the Bar charged respondent with violating several disciplinary rules pertaining to conflicts of interest and secrets of clients. Initially, respondent represented a wife in a dissolution of marriage action. He obtained a final judgment on her behalf which provided for child support as well as other relief. Respondent continued to represent the wife, filing a motion to modify the final judgment and a motion for contempt wherein various arrearages in child support were alleged. Approximately two years later, respondent commenced proceedings against his former client on behalf of her ex-husband, seeking a reduction in child support payments. These payments were part of the very relief sought and obtained by respondent on behalf of the wife in the original dissolution proceed[1102]*1102ings. Respondent’s former client did not consent to respondent’s representation of her former husband and indicated that such consent would not have been given if sought by respondent.

In Count II, the Bar charged that respondent coerced an agreement from a former client to pay damages on a claim which had no legal basis. Respondent was retained by Michael Patrick Field to enter a plea of guilty to a charge of driving while intoxicated. Field thereafter attempted to withdraw the plea by a letter to the trial court alleging “the incompetence of [his] lawyer.” Respondent learned of the letter and demanded that Field pay him $1,000 as compensation for the “slanderous” letter. Field consented to pay respondent $500 in weekly installments of $50 because, as he testified, he felt threatened by respondent. After obtaining an attorney, Field stopped making payments, and respondent filed suit against Field to enforce the terms of the agreement. Field prevailed in the suit and additionally recovered his costs and attorney’s fees. The trial court noted that respondent’s complaint against Field raised no justiciable issue of law or fact since the alleged defamatory statement was made in a pleading and was thus “absolutely privileged from any claim that it was defamatory.”

In Count III, the Bar charged that respondent misrepresented material facts in a sworn pleading in order to obtain the relief sought. Cadet Joseph K. Barbara had retained respondent when he was dismissed from West Point. Respondent filed a sworn motion before a federal court requesting the issuance of a temporary order restraining West Point from dismissing the cadet. The pleading contained the representation that West Point had no objection to the issuance of such an order. The federal judge entered the order on the basis of respondent’s misrepresentation of the position of the West Point authorities.

Upon finding respondent guilty of all charges, the referee recommended disbarment, stating:

1. The cumulative guilt of the three different transgressions indicated a gross callousness and indifference to the entire Code of Professional Responsibility-
2. In Count I, he must be presumed to have divulged secrets of his client’s to the client’s adversary.
3. In Count II, he outrageously and successfully pressured his client to wrongfully agree to pay him money when his client had no legal obligation to do so. Certainly moral extortion if nothing else.
4. He deliberately lied under oath to a Federal Judge who relied upon such falsehood in issuing the order. Certainly a lawyer can do little more culpable and destructive to the court system. The example set by Respondent must be dealt with harshly to prevent those considering such conduct in the future.

We note initially that although respondent contests the findings and recommendations of the referee, he did not see fit to file the appropriate briefs required by Florida Rule of Appellate Procedure 9.210. In spite of this, we have chosen to consider the documents he has submitted as his arguments contesting the referee’s findings.

Respondent’s “arguments” are perhaps more illuminating than the testimony before the referee. Respondent justifies representing the husband of his former client because:

[The wife] knew that her former husband was unable to maintain the child support payments, and further knew that Mr. Katz was trying to obtain a stipulation for a reduction of the support from both parties that would seek a just and fair resolution of the matter which had apparently gotten out of hand during the four years + that they had been divorced— and, for the court’s information, Judge Edward Rogers at the circuit court level had clearly stated at the final hearing that it appeared that the payments were too high and that the Wife should consider either a reduction of the payments [1103]*1103and/or a removal of the children from private school to avoid such a large child support payment....

Respondent explains his actions in the Field case by stating:

[I]n the Field case, his statements were never privileged as noticed by the following, to wit: he lied when he stated that Scott Katz was incompetent in the handling of his case and that he merely stated the statements to Judge Carlisle due to the fact that he could not afford the price of probation at the time; and for the court’s information, malice could have been shown and is still shown today wherein both he and his girlfriend state that he has stopped drinking, that he does not drink and drive, and that he is a carefull [sic] driver even though he recently drove his vehicle into a true [sic] at a high rate of speed in excess of 60 miles per hour and his girlfriend’s right leg was severely crushed in the terrible accident.

He responds to the charges that he misrepresented a fact in a pleading in the federal court by stating:

As the court can see from the attached papers, Gregory Gay and Col. Sims,

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Bluebook (online)
491 So. 2d 1101, 11 Fla. L. Weekly 290, 1986 Fla. LEXIS 2292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-katz-fla-1986.