Florida Bar v. Wells

602 So. 2d 1236, 17 Fla. L. Weekly Supp. 345, 1992 Fla. LEXIS 996, 1992 WL 117280
CourtSupreme Court of Florida
DecidedJune 4, 1992
DocketNo. 74320
StatusPublished
Cited by2 cases

This text of 602 So. 2d 1236 (Florida Bar v. Wells) 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. Wells, 602 So. 2d 1236, 17 Fla. L. Weekly Supp. 345, 1992 Fla. LEXIS 996, 1992 WL 117280 (Fla. 1992).

Opinion

PER CURIAM.

This disciplinary proceeding is before the Court on complaint from The Florida Bar and the referee’s report. We have jurisdiction pursuant to article V, section 15 of the Florida Constitution. The referee recommends that Alfred S. Wells (Wells) be suspended for a period of eighteen months retroactive to the date of his current suspension on February 14, 1989, and serve a two-year probation period. We adopt the referee’s findings, but modify the recommended discipline to reflect an eighteen-month suspension followed by a three-year period of probation.

The Florida Bar charged Wells with nine counts, all relating to his abandonment of his law practice during 1987 and arrests for possession of cocaine and paraphernalia. The referee made the following findings of facts as to each count.

Count I: Representation of Hunter

The referee found that Mr. Darrold Hunter hired Wells to represent him in a criminal trial, and that on May 31, 1988, Wells failed to appear for his client’s trial. Moreover, the referee also found that Wells did not contact the judge or the state attorney’s office to inform either party that he would not be present at the trial. The referee's report indicates that Wells testified that at the time of the scheduled trial he had family difficulties and that he had forgotten about his client’s trial. He also testified that on April 7, 1988 he had been arrested for driving under the influence, and thereafter arrested on May 20, 1988 for possession of cocaine. On the day of his client’s trial, Wells entered into a residential drug treatment program and remained there for approximately thirty days.

Based on these facts, the referee found Wells guilty of violating rule 4-1.3 (a lawyer shall act with reasonable diligence and promptness in representing a client); rule 4-1.16 (upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interest); and rule 4-8.4(d) (a lawyer shall not engage in conduct that is prejudicial to the administration of justice) of the Rules Regulating The Florida Bar.

Count II: Representation of Cook

In Count II the referee found that in 1986, a federal magistrate appointed Wells to represent Mr. Jerry Cook in filing a writ of habeas corpus. In July 1986, Wells met with Cook in the prison facility where Mr. Cook was incarcerated. In December 1986, the United States District Court for the [1237]*1237Middle District of Florida directed Wells to file a brief regarding Cook’s writ of habeas corpus by January 17, 1987. Wells failed to file the brief within the federal district court’s time frame. On October 9, 1987, the federal district court ordered Wells to file a brief no later than October 23, 1987. Wells failed to file the brief by the October deadline. The referee also found that Wells failed to give Mr. Cook’s subsequent counsel the contents of his file. Wells testified at the disciplinary hearing that his personal feelings toward Mr. Cook influenced his actions concerning the case.

The referee found Wells guilty of violating rule 4-1.3 (a lawyer shall act with reasonable diligence and promptness in representing a client); rule 4-1.4(a) (a lawyer shall keep a client reasonably informed about the status of the matter and promptly comply with reasonable requests for information); rule 4-1.15(b) (a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive); rule 4-1.16(d) (upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interest); and rule 4-8.4(d) (a lawyer shall not engage in conduct that is prejudicial to the administration of justice) of the Rules Regulating The Florida Bar.

Count III: Noncompliance with Trust Account Procedures

In Count III, the referee found that Wells wrote a trust account check on May 15, 1987, to Ms. Betty M. Lauria, a court reporter, in the amount of $1,121.70 drawn on the Columbia Bank, which the bank returned for insufficient funds. Thereafter, The Florida Bar conducted an audit which showed that Wells did not keep his trust account in substantial compliance with the minimum requirements established by The Florida Bar. Wells testified at the disciplinary hearing that the money he received and marked for payment to Ms. Lauria was advanced as costs for another client to take depositions.

The referee found Wells guilty of violating rule 5-1.1(b) (the records of all accounts pertaining to the funds or property of a client shall be maintained for a period of not less than six years subsequent to the final conclusion of the representation of a client relative to such funds or property); rule 5-1.2(b)(2) (the attorney shall maintain records identifying the date and source of all trust funds received); rule 5-1.2(b)(3) (the attorney shall maintain original can-celled cheeks); rule 5-1.2(b)(5) (the attorney shall maintain separate cash receipts and disbursement journal); rule 5-1.2(b)(6) (the attorney shall maintain a separate file with an individual card or page for each client or ledger for each client); rule 5-1.2(b)(7) (the attorney shall maintain all bank or savings and loan association statements for all trust accounts); rule 5-1.2(c)(l) (the attorney shall reconcile all trust accounts with bank balances); rule 5-1.2(c)(2) (the attorney shall at least annually prepare a detailed listing identifying the balance of unexpected trust money held for each client); rule 5-1.2(c)(3) (the attorney shall maintain the reconciliations and listing for at least six years); rule 5-1.2(c)(4) (the attorney shall authorize and request any bank or savings and loan association where he is a signatory on a trust account to notify The Florida Bar in the event any trust account is returned due to insufficient funds or uncollected funds, absent bank error); and rule 4-1.15(d) (the attorney shall comply with The Florida Bar Rules Regulating Trust Accounts) of the Rules Regulating The Florida Bar.

Count IV: Representation of Reid

Ms. Bernie Reid hired Wells to represent her in an adoption proceeding concerning her grandchildren. Ms. Reid paid Wells a $50.00 retainer fee on November 12, 1986, and later paid an additional $250.00 in February of 1987. Wells failed to file the adoption papers as promised and failed to return the fee to her. Wells testified at a hearing that his personal problems, including drug use, precipitated his neglect of the ease.

The referee found Wells guilty of violating rule 4-1.3 (a lawyer shall act with reasonable diligence and promptness in representing a client); rule 4-1.4(a) (a lawyer shall keep his client reasonably informed [1238]*1238about the status of a matter and promptly comply with reasonable requests for information); rule 4-1.15(b) (a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive); rule 4-1.16(d) (upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as refunding any advance payment of fee that has not been earned); and rule 5-1.1 (money or other property entrusted to an attorney for a specific purpose, including advances for costs and expenses, shall be held in trust and must be applied only to that purpose) of the Rules Regulating The Florida Bar.

Count V: Representation of Francis

Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
602 So. 2d 1236, 17 Fla. L. Weekly Supp. 345, 1992 Fla. LEXIS 996, 1992 WL 117280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-wells-fla-1992.