State Ex Rel. Florida Bar v. Oxford

127 So. 2d 107
CourtSupreme Court of Florida
DecidedNovember 30, 1960
StatusPublished
Cited by8 cases

This text of 127 So. 2d 107 (State Ex Rel. Florida Bar v. Oxford) 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. Oxford, 127 So. 2d 107 (Fla. 1960).

Opinion

127 So.2d 107 (1960)

STATE of Florida ex rel. The FLORIDA BAR, Complainant,
v.
H.E. OXFORD, Respondent.

Supreme Court of Florida.

November 30, 1960.
Rehearing Denied March 20, 1961.

David W. Hedrick, Orlando, for The Florida Bar, complainant.

J. Hardin Peterson, Jr., Lakeland, for respondent.

Cecil B. Smith, Lakeland, amicus curiae.

PER CURIAM.

This is a disciplinary proceeding instituted June 7, 1956, against respondent, H.E. Oxford, an attorney of Lakeland, Florida, by G. David Parrish on part of The Florida Bar. On the date last named Parrish summonsed certain employees of Oxford to appear before him for examination, the purpose of which was not disclosed. Almost a year following the Parrish examination, Oxford was notified by the Board of Governors of The Florida Bar sitting as a Special Grievance Committee to attend a second examination to be held April 13, 1957.

At both said examinations the secretary for Oxford, hereinafter referred to as the "key witness," gave testimony completely exonerating him [Oxford] of the unprofessional acts charged against him of which we shall have more to say later. About fifteen months following the Special Grievance Committee examination, the key witness was discharged from Oxford's employment.

Less than three months following the discharge of the key witness, the Grievance Committee of the Tenth Judicial Circuit gave notice of a hearing to be held November 19, 1958. At this hearing the key witness became the main witness for complainant, and repudiated in toto the testimony given by her at the two prior hearings in behalf of respondent.

May 11, 1959, approximately six months after the third and last hearing, and three years after the first hearing, The Florida Bar filed a complaint against Oxford, charging him with unprofessional conduct from April 1, 1954, to July 1, 1958, the specifications in said complaint being as follows:

*108 (a) That the respondent caused pleadings to be prepared and filed on behalf of the plaintiff and defendant in thirty-nine specified divorce cases.

(b) That the respondent acted as bondsman for certain persons charged with offenses in the municipal court.

(c) That the respondent caused a final decree to be prepared and entered in two cases wherein the pleadings set forth that the plaintiff and the plaintiff's witnesses had appeared before the court and testified, when, in fact, the plaintiff and the plaintiff's witnesses had not appeared before the said court.

(d) That the respondent caused to be prepared and filed pleadings which were false and untrue in the case of Stickney v. Stickney.

(e) That the respondent, while attorney for the plaintiff in the case of Jones v. Jones, caused to be prepared and filed a counterclaim in behalf of the defendant; it was alleged that the name of Charles H. Chastain, an associate of the respondent, was signed to that counterclaim at the direction of the respondent without the knowledge or consent of the said Charles H. Chastain.

(f) That the respondent conspired with his secretary to give false testimony before the Board of Governors in April of 1957, concerning the preparation and filing of the counterclaim in the case of Jones v. Jones, referred to in Par. (e) above.

(g) That respondent caused pleadings to be filed in divorce cases referred to him by a Washington, D.C., attorney which represented that the plaintiffs in such proceedings were residents of the State of Florida while they were actually residents of other states, which facts were known to the respondent, and the respondent caused a witness to give false testimony in corroboration of the residence of such plaintiffs.

(h) That the respondent represented to the court that his client was a resident of the State of Florida in the case of Fredericks v. Fredericks and other cases.

(i) That respondent swore falsely before the Board of Governors concerning the preparation of the counterclaim in the case of Jones v. Jones referred to in Par. (e) above.

Each and all of these charges have to do with uncontested divorce cases. The respondent has elected to paraphrase and treat them separately. The second charge, specification (b), is the only one raising a question of law. We, therefore, elect to treat it separately. Since all the other charges involve questions of fact, they will be treated together.

As to charge one, preparing and filing pleadings for plaintiff and defendant in divorce cases, the Referee and the Board of Governors exonerated the respondent of any blame because that had been the general practice in the Tenth Circuit for many years, and to hold otherwise as to respondent would be unfair. Since the point took this turn, introduction of evidence was unnecessary though it is shown to have enlarged the record inordinately.

Second Point [Specification (b)].

Did the act of depositing cash to secure the release from custody of persons charged with offenses in a municipal court constitute suretyship under a bond or such a breach of ethics as to warrant disbarment?

This is the only legal point in the case. It was not necessary to labor it or to take testimony in support of or to explain it. Respondent frankly admitted that in years past he had practiced before the police court in Lakeland and in such cases he had deposited with that court in cash or check the amount required to secure the release of any client adjudicated guilty of breaking municipal laws or regulations. It is common knowledge that formal trials are rarely had for such infractions. If defendant has a defense, he secures a lawyer to handle that. At any rate, when the proceeding is concluded *109 and defendant has nothing to pay his fine, which is generally the case, his lawyer puts up the money to secure it or he may be released in the custody of his lawyer. This is common police court procedure. Section 903.07, Florida Statutes, F.S.A., provides: "No attorney at law and no official authorized to admit to bail, nor any state, or county officer shall become surety on any undertaking." Section 454.20, Florida Statutes, F.S.A., is pertinent and is as follows: "No attorney shall become surety on the official bond of any state, county, or municipal officer of this state, nor surety on any bond of a client in judicial proceedings."

Canon 10, Canons of Professional Ethics, 31 F.S.A., provides that "the lawyer should not purchase any interest in the subject matter of the litigation which he is conducting." Canon 10 is in effect much the same as § 454.20, Florida Statutes, F.S.A., both of which, as well as § 903.07, Florida Statutes, F.S.A., may be comprehended in Rule 30, governing the conduct of attorneys in Florida, 31 F.S.A., which provides that "No person licensed to practice law in the courts of the State of Florida shall be guilty of any conduct in the practice of his profession unbecoming an attorney at law."

"Any conduct in the practice of his profession unbecoming an attorney at law," touches every aspect of the law practice and certainly imposes a high standard of moral and professional conduct on every lawyer. Such a standard in other words as inspires confidence in the profession and every member of it personally.

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Bluebook (online)
127 So. 2d 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-florida-bar-v-oxford-fla-1960.