Florida Bar v. Knowles

99 So. 3d 918, 37 Fla. L. Weekly Supp. 508, 2012 Fla. LEXIS 1349, 2012 WL 2848806
CourtSupreme Court of Florida
DecidedJuly 12, 2012
DocketNo. SC10-1019
StatusPublished
Cited by2 cases

This text of 99 So. 3d 918 (Florida Bar v. Knowles) 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. Knowles, 99 So. 3d 918, 37 Fla. L. Weekly Supp. 508, 2012 Fla. LEXIS 1349, 2012 WL 2848806 (Fla. 2012).

Opinion

PER CURIAM.

We have for review a referee’s report recommending that Respondent Petia Dimitrova Knowles be found guilty of professional misconduct and suspended from the practice of law for ninety days. We have jurisdiction. See art. V, § 15, Fla. Const.

The Court previously entered an order in this case suspending Ms. Knowles from the practice of law in Florida. See Fla. Bar v. Knowles, No. SC10-1019, 2012 WL 149335 (Fla. order entered Jan. 17, 2012). This opinion follows.

For the reasons more fully explained below, we approve the referee’s findings of fact, as well as his recommendation that Respondent be found guilty of violating Rule Regulating the Florida Bar 4-8.4(d) (conduct prejudicial to the administration of justice). However, we disapprove the referee’s recommendation that Respondent be found not guilty of violating rule 4-1.6 (confidentiality of information), and his recommendation that Respondent be suspended for ninety days. Considering Respondent’s prior disciplinary history and the seriousness of the misconduct at issue here, we conclude that a one-year suspension is the appropriate sanction.

FACTS AND PROCEDURAL HISTORY

On June 3, 2010, The Florida Bar filed a complaint against Respondent Petia Dimi-trova Knowles, alleging various instances of misconduct relating to her representation of a client in immigration and civil matters. Specifically, the Bar alleged that Respondent had violated Rules Regulating the Florida Bar 4-1.3 (diligence), 4-1.6 (confidentiality of information), 4-3.3 (candor toward the tribunal), 4-8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation), and 4-8.4(d) (conduct prejudicial to the administration of justice). A final hearing was held before a referee, and subsequently the referee filed his report in which he made the following findings of fact.

[920]*920Respondent was admitted to The Florida Bar on April 22, 2005. In 2007, she represented a client in various immigration matters, including a request for political asylum. Respondent was diligent and ultimately successful in reopening her client’s immigration case. However, on or about January 29, 2009, just four days before a hearing before the Immigration Court, Respondent filed a Motion to Withdraw as attorney of record. In that motion, Respondent asserted that her client had written her an insufficient funds check for $1,000 and implied that the uncollected funds pertained to an immigration matter, when they actually pertained to a prior automobile accident case in which Respondent had also represented her client. Respondent also stated in the motion that she regretted helping her client, who had been rightly convicted for grand theft, and that Respondent’s office had received reports from the Romanian community that her client had robbed them. Respondent asserted in the motion that her client would not be prejudiced by her withdrawal as attorney.

Upon learning that her attorney was attempting to withdraw, the client met with Respondent, and Respondent indicated that she would continue the representation only if the client paid an additional $1,500. The client ultimately agreed to pay $3,000, and Respondent agreed to withdraw her Motion to Withdraw. Respondent filed a Notice of Cancellation of Motion to Withdraw Representation as Attorney, in which she stated that because of short notice, her client would, in fact, be prejudiced if Respondent withdrew representation.

In or about April 2009, the client decided to retain new counsel. Respondent filed a second Motion to Withdraw. However, rather than stating that she sought to withdraw because her client had retained new counsel, Respondent asserted in her motion that she had received more reports that her client had intentionally failed to honor her contractual promises and had refused to pay for fulfilled work assignments.

On or about May 11, 2009, the Assistant State Attorney assigned to the client’s criminal case sent a letter to the Department of Homeland Security. In the letter, the Assistant State Attorney stated that Respondent had informed her that she had reason to believe her client would lie to the Immigration Court at an upcoming hearing. Further, the Assistant State Attorney advised that she had received confidential paperwork pertaining to Respondent’s Ghent’s political asylum case. The paperwork had been sent via Priority Mail on May 7, 2009, from an unidentified source. The referee specifically noted that “[although the sender of the paperwork was unidentified, political asylum files are confidential in nature and not available to the public, and the only person known to be in possession of such paperwork was Respondent.”

In addition to handling the immigration case, Respondent had also represented her client in an automobile accident case. Respondent failed to appear at mediation in that case after filing a Motion to Withdraw, and Respondent also failed to advise her client that a final judgment had been entered.

After making these factual findings, the referee recommended that Respondent be found not guilty of violating rule 4-3.3 (candor toward the tribunal), rule 4-8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation), rule 4-1.6 (confidentiality of information), and rule 4-1.3 (diligence).

However, the referee did find that the disparaging motions to withdraw filed by Respondent violated rule 4-8.4(d) (conduct [921]*921prejudicial to the administration of justice). According to the referee, “regardless of intent, the very act of filing such a motion with such language is so prejudicial to the client so as to be actionable.” The referee stated that it was inconceivable that anyone knowing the rules of ethics would think such statements would be appropriate. Accordingly, the referee recommended that Respondent be found guilty of violating rule 4 — 8.4(d).

Thus, in summary, the referee recommends that Respondent be found guilty of violating rule 4-8.4(d), but be found not guilty of any of the other alleged rule violations. As for discipline, the referee recommends that Respondent be suspended from the practice of law for ninety days and attend The Florida Bar’s Ethics School and The Florida Bar’s Professionalism Workshop. In recommending this sanction, the referee found and considered the following aggravating factors: (1) a pattern of misconduct; (2) multiple offenses; (3) vulnerability of victim; and (4) pending disciplinary case.1 The referee also found and considered one mitigating factor — absence of a prior disciplinary record. Costs were awarded to The Florida Bar as the prevailing party. The Bar seeks review of the referee’s recommendation that Respondent be found not guilty of violating rule 4-1.6 (confidentiality of information) and the referee’s recommended discipline of a ninety-day suspension.2

ANALYSIS

The Bar first challenges the referee’s recommendation that Respondent be found not guilty of violating rule 4-1.6 (confidentiality of information).3 This Court has repeatedly stated that the referee’s factual findings must be sufficient under the applicable rules to support the recommendations as to guilt. See Fla. Bar v. Shoureas, 913 So.2d 554, 557-58 (Fla.2005).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Counsel for Dis. v. Tonderum
Nebraska Supreme Court, 2013
Florida Bar v. Norkin
132 So. 3d 77 (Supreme Court of Florida, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
99 So. 3d 918, 37 Fla. L. Weekly Supp. 508, 2012 Fla. LEXIS 1349, 2012 WL 2848806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-knowles-fla-2012.