State Ex Rel. Florida Bar v. Dawson

111 So. 2d 427, 1959 Fla. LEXIS 1632
CourtSupreme Court of Florida
DecidedApril 29, 1959
StatusPublished
Cited by30 cases

This text of 111 So. 2d 427 (State Ex Rel. Florida Bar v. Dawson) 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
State Ex Rel. Florida Bar v. Dawson, 111 So. 2d 427, 1959 Fla. LEXIS 1632 (Fla. 1959).

Opinion

111 So.2d 427 (1959)

STATE of Florida ex rel. The FLORIDA BAR, Complainant,
v.
William B. DAWSON, III, Respondent.

Supreme Court of Florida.

April 29, 1959.

*428 Mark Hulsey, Jr., Jacksonville, for The Florida Bar, complainant.

Neal Evans, Jr., Jacksonville, for respondent.

THORNAL, Justice.

The respondent Dawson petitions for a review of a judgment of the Board of Governors of The Florida Bar disbarring him from the practice of law pursuant to the provisions of Article XI of the Integration Rule as adopted on December 6, 1955, 31 F.S.A.

We must determine whether the evidence supports the findings of the referee and the Board of Governors and if so whether the prescribed disciplinary order is too severe.

Early in 1957 the Grievance Committee of the Fourth Judicial Circuit instituted an investigation into the professional conduct of the respondent, a member of The Florida Bar. After extensive hearings the Circuit Grievance Committee reported to the Board of Governors that there was probable cause to believe that respondent was guilty of unprofessional conduct in certain stated particulars. The Florida Bar thereupon filed its complaint against Dawson charging him with violations of Canons 10, 11, 27, 28 and 42 of the Canons of Professional Ethics, 31 F.S.A., Rules 19, 20, 21 and 26 of the Additional Rules Governing the Conduct of Attorneys in Florida, 31 F.S.A., and Section 2 of Article XI of the Integration Rule of The Florida Bar. Specifically the respondent was charged with commission of the following breaches: (1) that he solicited professional employment through an intermediary in several instances between January 1, 1954 and March 30, 1957; (2) during the same period the respondent made agreements that he would bear all expenses in the event of no recovery in particular matters in consideration of his professional employment by the people involved; and *429 (3) that he commingled his own funds with the monies of his clients.

The matter was strenuously contested before the referee. In the ultimate, however, he found the respondent Dawson guilty on all three charges. He recommended that Dawson be suspended from the practice of law for a period of two years but that the imposition of the suspension be withheld during a period of three years probation subject to stated conditions. He also recommended that costs of the proceeding be assessed against the respondent. The Board of Governers approved the findings of the referee with reference to the guilt of the respondent on the charges of soliciting professional employment through an intermediary and purchasing an interest in the subject matter of litigation to be handled by him. The finding of the referee regarding the commingling of funds was disapproved. The referee's recommendation of suspension to be withheld during a period of three years probation was disapproved. In lieu thereof the Board of Governors ordered the respondent disbarred. The respondent Dawson has now petitioned this court to review the judgment of the Board of Governors.

Dawson here contends that errors were committed by the referee in allowing into the record what he alleges to be hearsay evidence. He contends that the evidence before the referee was insufficient to support the conclusions reached. He pleads that he should not be subjected to any disciplinary action whatever.

The Florida Bar here contends that no improper evidence was allowed. It further asserts that the testimony before the referee adequately sustained his findings and that the judgment of the Board of Governors was justified.

The testimony reveals that Mr. Dawson graduated from law college in 1950. During the first year or two his practice was rather limited. In the third year he apparently became interested in specializing in negligence litigation, particularly in behalf of plaintiffs. He had for some time been acquainted with a photographer named Griffin. Mr. Griffin owned an automobile which was equipped with a police radio. It seems that the method of operation simply was that when Griffin heard of a tragic occurrence over his police radio or otherwise, he would hasten to the scene and make pictures. He sold the pictures to many members of the Bar. Included were a number of attorneys prominently identified with the defense of such litigation as well as known plaintiff specialists. Griffin also busied himself in the matter of interesting injured parties or the survivors of deceased persons in the matter of employing an attorney to represent them in pressing their claims arising out of alleged negligence. Although Mr. Griffin testified that he had recommended a number of lawyers including respondent Dawson, he was not able to state for the record the name of a single lawyer other than Dawson to whom he had referred negligence cases. He asserted that in each instance he never referred a potential plaintiff to Dawson unless his advice with reference to a good lawyer was requested. However, there was a substantial volume of testimony before the referee to the effect that Griffin pursued potential plaintiffs, suggested the advisability of employing an attorney and then recommended Mr. Dawson as a capable negligence lawyer. One witness stated that Griffin told him that if he hired Dawson the pictures taken at the scene would be made available to the lawyer free of cost.

The exhibits reveal numerous contracts of employment signed by clients whom Dawson had represented. Several of them were people who first heard of him through Griffin. The documents are far from models of professional draftsmanship. Many of them are written in longhand. Some of them were written in hospitals and various other places. Some of the contracts were signed by individuals on the very night of the death of some member of the family through a tragic occurrence. The contracts are written on bits of paper, *430 scratch pads, filing cards and correspondence stationery. This suggests that when they were prepared and signed, it was deemed advisable to have the agreements executed promptly in order to preclude the potential clients from changing their minds.

These agreements were usually in two paragraphs. The first stipulated that the client retained Dawson to represent him or her in connection with a certain accident. The second usually provided substantially as follows: "We will pay 40% of any recovery that we get for an attorney fees and in the event there is no recovery there shall be no costs to us." (Emphasis added.) In another type of contract the second paragraph reads substantially as follows: "We will pay 50% of any settlement that we get for attorneys fees provided we get our actual car damage and medical bill and in the event there is no settlement there shall be no costs to us." (Emphasis added.) Some of the witnesses testified that their agreement with Mr. Dawson simply was that if they were not successful in recovering anything, he would pay all of the costs of the litigation and would charge them no fees. Others testified that in addition to such considerations, Mr. Dawson guaranteed that at all events they would not have to pay any medical or automobile repair bills because if they were unsuccessful, he would pay them.

Mr. Dawson denies all of this, of course, but the evidence was before the referee who heard all of the witnesses and he was charged with the responsibility of evaluating their credibility and the weight of the evidence. Although the referee and the Board of Governors differ as to the measure of disciplinary action, they were in accord on the two basic findings regarding breaches of the Canons of Professional Ethics.

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Bluebook (online)
111 So. 2d 427, 1959 Fla. LEXIS 1632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-florida-bar-v-dawson-fla-1959.