In re Florida Bar

62 So. 2d 20, 1952 Fla. LEXIS 1864
CourtSupreme Court of Florida
DecidedDecember 16, 1952
StatusPublished
Cited by2 cases

This text of 62 So. 2d 20 (In re Florida Bar) 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
In re Florida Bar, 62 So. 2d 20, 1952 Fla. LEXIS 1864 (Fla. 1952).

Opinion

TERRELL, Justice.

Petition of the Florida Bar prays that Section 1, Article VIII of the Integration Rule, 31 F.S.A. as follows:

‘T. Every member, both active and inactive, shall pay annual dues of Five Dollars to the Secretary-Treasurer on or before January 1st of each year, and shall also file with the Secretary-Treasurer a statement setting forth his business and residence addresses and any other information that may he reasonably required 'by the Board of Governors.”

Be amended to read:

“On or before January 1st of each year every member of The Florida Bar shall pay annual dues, in such amount as shall be set at an annual meeting to the Secretary-Treasurer; and shall also file with the Secretary-Treasurer a statement setting forth his business and residence addresses and any other information that may be reasonably required by the Board of Governors; provided that for the calendar year 1953 the annual dues shall be in such amount, not exceeding $10.00, as shall be set by the Board of Governors.”

The petition was thoroughly presented at a meeting held November 5, 1952, notice of which was given through the medium of the Florida Law Journal. Representatives of the Bar Association of the Tenth Judicial Circuit, the Third Judicial Circuit, the DeSota County Bar Association, the Marion County Bar Association and members of the Levy County Bar, appeared in person or by petition to resist approval of the proposed amendment to the Integration Rule.

The real point raised by petitioner is whether or not each member of the bar shall hereafter be required to pay such dues annually as may be fixed by the annual meeting oí the Bar, provided that for the calendar year 1953 the dues shall be set by the Board of Governors, not to exceed ten dollars. In support of this request petitioner points out that for the year 1951 the total receipts of The Florida Bar were $27,729.57 and its total expenditures were $28,781.59; that the receipts and expenditures for the year 1952 will show an even greater disparity on account of the continued increase in the expense of conducting the duties and activities of the Integrated Bar.

It is further pointed out that Article XI, Integration Rule of The Florida Bar, regulating disciplinary procedure, requires the Board of Governors and the Grievance Committees of the various Circuit Courts to investigate all charges of unprofessional conduct. In one of the large Circuits of the State it is shown that 119 complaints of unprofessional conduct have been filed with the Grievance Committee, that the Committee has conducted 136 hearings in response to these complaints, that 96 of them were dismissed because found to be groundless; 13 of them were withdrawn or found to be without the pale of committee jurisdiction and that 10 are pending. [22]*22on formal hearing. The cost of court reporters service in these hearings alone was $133.

The record of the Board of Governors discloses that for the year 1950, it considered 24 complaints of unprofessional conduct against attorneys; for the year 1951 it considered 46 such complaints and during the past 9 months of 1952, it has considered 42 such complaints; that 11 formal complaints against attorneys have 'been filed in the Supreme Court; that referees have been appointed in 9 of these cases; that in 6 of them the referee has conducted hearings and taken testimony and that in two of them referees have not yet been appointed. The net result of these cases before the Supreme Court has been: one disbarment, two suspensions, two cases dismissed on recommendation of the referee, and six.cases still pending.

The three preceding paragraphs give, some idea of the labor and expense the Grievance Committee and the Board of Governors have been put to in processing charges of unprofessional conduct. It is estimated that the cost of prosecuting one of these cases will run from $1200 to $1500 when concluded. It is pertinent to observe that prior to the integration of. the bar, disciplinary proceedings were conducted as authorized by Chapter 454, Florida Statutes 1951, F.S.A., and their cost was borne in whole or in part from public funds. It cannot be gainsaid that the work of the Grievance Committee is one of the, most important duties imposed on the.Integrated Bar, and certainly it is the most laborious and thankless. So much for the expense of the duty imposed on the Integrated Bar.

Now let us consider the expense of some of the professional projects undertaken by, it. For the year 1952 the Integrated Bar-budgeted $1500 for the purpose of conducting a Legal Institute Program, $497.70 of which has been spent fo,r the publication of programs and the dissemination of literature to impress the merit, the value, and the importance of attending these institutions. The Integrated Bar has also embarked -on a public relations program for which it has budgeted $4400 for year 1952. It is estimated that an effective program of this kind will cost at least $10,000 to $12,000'. One primary purpose of such program is to create a better understanding of the way justice is administered.

The work of the committee on American Citizenship and kindred activities is also-receiving the attention of the Integrated Bar. The purpose of such professional projects is to make the public more sensitive to the responsibility that citizenship in a democracy imposes on the individual and to make the Bar more sensitive to the-fact that the law practice is first of all an avenue for the administration of justice; that the public is vitally interested in the manner in which it is administered; that the Bar is clothed with a trust to administer it fairly and properly; and that any such thing as a proprietary interest the lawyer may claim in the law practice is secondary to the public trust imposed on him.

' The objections voiced to the proposed amendment are: (1) that all amendments which so vitally affect the bar should originate in the Circuit Court Bar Associations where they can be thoroughly explored by the bar on a level-that will invoke the views of a great many more lawyers than would be invoked at a State Bar Association, attended by a comparatively small number. This, it is contended, would be a much more democratic and satisfactory method of amending the rules; (2) the Florida Bar shottld not toe clothed with arbitrary power to raise the annual dues, but that if vested with power to do- so at all, a ceiling should be placed on the amount imposed; (3) respondents challenge the statement of The Florida Bar that its objectives cannot be accomplished with the sum raised from a membership fee of $5 annually. They further contend that the objectives of the bar should be- supported by voluntary contributions, and some of them say they are convinced that the Integrated Bar is costing more than it is contributing in benefits to the'membership of the Bar.

What we have pointed out with reference to disbursements and cost of services that the Integrated Bar is per-[23]*23forming or proposes to perform in tiie immediate future is a complete answer to the charge that the objectives of The Florida Bar can be accomplished with the sum raised from a membership fee of $5 annually. There is no suggestion of waste or extravagance, that the services rendered are not desirable, or that they are costing too much; yet it is conclusively shown that the Bar is operating in the red.

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62 So. 2d 20, 1952 Fla. LEXIS 1864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-florida-bar-fla-1952.