Florida Board of Bar Examiners re P.T.R.

662 So. 2d 334, 20 Fla. L. Weekly Supp. 559, 1995 Fla. LEXIS 1753
CourtSupreme Court of Florida
DecidedNovember 2, 1995
DocketNo. 85527
StatusPublished
Cited by3 cases

This text of 662 So. 2d 334 (Florida Board of Bar Examiners re P.T.R.) 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 Board of Bar Examiners re P.T.R., 662 So. 2d 334, 20 Fla. L. Weekly Supp. 559, 1995 Fla. LEXIS 1753 (Fla. 1995).

Opinions

PER CURIAM.

P.T.R. asks this Court to review the Florida Board of Bar Examiners’ recommendation that he be denied admission to The Florida Bar. We have jurisdiction based on article V, section 15 of the Florida Constitution.

We disagree with the Board’s recommendation and order P.T.R.’s readmission to the Bar. Since P.T.R.’s disbarment, he has shown the rehabilitation required to merit his readmission. See Fla. Bar Admiss. R., art. Ill, § 4.e.

P.T.R. graduated from law school in 1975 and was admitted to the Bar later that year. He voluntarily withdrew from the practice of law in 1986, and was disbarred in 1988 retroactive to the date of his withdrawal.

P.T.R. applied for readmission to the Bar in 1992 and has passed both the General and Multistate Professional Responsibility examinations. Based on P.T.R.’s bar application and on information discovered during the Board’s background investigation, the Board held an investigative hearing. The Board then prepared specifications and held a formal hearing.

The Board found that two specifications were proven and disqualifying for admission to the Bar.1

The first specification concerns P.T.R.’s actions after he was appointed as the successor representative to an estate in which the decedent had no heirs. An attorney at P.T.R.’s firm suggested using a fictitious heir to prevent the estate from escheating to the state.

In 1980, P.T.R. filed papers identifying an heir, knowing that the information was false. He later filed papers stating that the proceeds from the estate had been distributed to the person identified as the heir. In fact, P.T.R. removed $7,082.71 from the estate account and split the money with the attorney who had suggested using a fictitious heir.

[336]*336In 1985, P.T.R. was charged with third-degree grand theft in connection with those events. He entered a plea of nolo contende-re in 1986. The court withheld adjudication and put P.T.R. on probation for five years. P.T.R.’s probation was terminated early by court order in 1990. P.T.R. admitted this specification.

The second specification concerns P.T.R.’s disbarment based on the felony described in the first specification. P.T.R. also admitted this specification.

The Board found that both of these specifications were proven and disqualifying for admission to the Bar.

At his formal hearing, P.T.R. presented depositions of six witnesses, affidavits of four people, and live testimony from three witnesses. The witnesses included his ex-wife, to whom he was married when the grand theft occurred. These witnesses and affiants all recommended P.T.R. for readmission.

The Board recommended that P.T.R. be denied admission based on the proven specifications and on P.T.R.’s failure to show clear and convincing evidence of rehabilitation. The formal hearing transcript shows that P.T.R. offered as evidence of rehabilitation his volunteer work for a homeowners’ association in North Carolina, where he and his current wife own a lot; donating blood (P.T.R. has a rare blood type); participating as a treasurer, coach, or umpire for his son’s Little League team; traveling with his daughter to swim meets when she was younger; and teaching martial arts to children for free.

The Board found this evidence insufficient in light of the seriousness of P.T.R.’s misconduct and the fact that P.T.R. did not reveal the misconduct until he was caught in 1985. The Board recommended that P.T.R. not be admitted to the Bar.

P.T.R. has petitioned this Court for review of the Board’s recommendation.

The misconduct that resulted in P.T.R.’s disbarment was extremely serious, P.T.R. did not come forward about his misconduct when it occurred in 1980. However, once state investigators discovered the wrongdoing, he took full responsibility for his actions. P.T.R. has been sanctioned criminally with probation and administratively with disbarment.

An applicant who has been disbarred bears a heavy burden of establishing rehabilitation. Florida Bd. of Bar Examiners re J.C.B., 655 So.2d 79, 82 (Fla.1995); Florida Bd. of Bar Examiners re W.H.V.D., 653 So.2d 386, 388 (Fla.1995). Article III, section 4.e. of the Rules Relating to Admissions to the Bar requires an applicant such as P.T.R. to show rehabilitation by criteria including:

(1) Strict compliance with the specific conditions of any disciplinary, judicial, administrative or other order, where applicable;
(2) Unimpeachable character and moral standing in the community;
(3) Good reputation for professional ability, where applicable;
(4) Lack of mali.ce and ill feeling toward those who by duty were compelled to bring about the disciplinary, judicial, administrative or other proceeding;
(5) Personal assurances, supported by corroborating evidence, of a desire and intention to conduct one’s self in an exemplary fashion in the future;
(6) Restitution of funds or property, where applicable;
(7) Positive action showing rehabilitation by such things as a person’s occupation, religion, community or civic service. Merely showing that an individual is now living as and doing those things he or she should have done throughout life, although necessary to prove rehabilitation, does not prove that the individual has undertaken a useful and constructive place in society. The requirement of positive action is appropriate for applicants for admission to the bar because service to one’s community is an implied obligation of members of the bar.

P-T-R- that he has fulfilled the requirements of article III, section 4.e.:

(1) He voluntarily shut down his law practice before he was disbarred, and there are no allegations of unlicensed practice of law or [337]*337violations of the Bar’s restrictions on clerking by disbarred lawyers.

(2) He has rehabilitated his good name in the community. He presented testimony, depositions, or affidavits from lawyers and lay people who have confidence in his ability.

(3) His professional ability was not at issue. He has taken and passed the bar exam since his disbarment, thus assuring the Court of his competence to practice law.

(4) P.T.R. does not express any malice or ill feeling toward the State Attorney’s office or the Bar. In fact, he testified that he thinks highly of the state attorney’s investigator. He recognizes that disciplinary proceedings against him were appropriate. Although he would rather have been suspended for three years than disbarred, he bears no animosity toward anyone over his disbarment.

(5) P.T.R. and his supporting witnesses testified to P.T.R.’s desire to conduct himself in an exemplary fashion. He regrets his misconduct and takes full responsibility for it. He has undergone counseling, developed a friendly relationship with his ex-wife, remarried, and developed other interests besides the law. There has been no misconduct since the 1980 incident. P.T.R.’s witnesses testified that they were familiar with the specifications filed against him. They testified as to P.T.R.’s desire to lead an exemplary life and as to the positive changes he has made in his life since his disbarment.

(6) P.T.R.

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662 So. 2d 334, 20 Fla. L. Weekly Supp. 559, 1995 Fla. LEXIS 1753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-board-of-bar-examiners-re-ptr-fla-1995.