The Florida Bar v. Scott

810 So. 2d 893, 2002 WL 185887
CourtSupreme Court of Florida
DecidedFebruary 7, 2002
DocketSC96087, SC97020
StatusPublished
Cited by7 cases

This text of 810 So. 2d 893 (The Florida Bar v. Scott) 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
The Florida Bar v. Scott, 810 So. 2d 893, 2002 WL 185887 (Fla. 2002).

Opinion

810 So.2d 893 (2002)

THE FLORIDA BAR, Complainant, Cross-Respondent,
v.
John L. SCOTT, Respondent, Cross-Complainant.

Nos. SC96087, SC97020.

Supreme Court of Florida.

February 7, 2002.

*894 John F. Harkness, Jr., Executive Director, John Anthony Boggs, Staff Counsel, and Edward Iturralde, Bar Counsel, Tallahassee, FL, for Complainant, Cross-Respondent.

John L. Scott, pro se, Branford, FL, for Respondent, Cross-Complainant.

PER CURIAM.

We have for review a referee's report regarding alleged ethical breaches by attorney John L. Scott. We have jurisdiction. See art. V, § 15, Fla. Const.

FACTS

The Bar filed two complaints against attorney John L. Scott, the first alleging that Scott engaged in sexual misconduct with a client and then subsequently lied about the misconduct to the Bar (Case No. SC96087), the second alleging misconduct based on Scott's conviction for contempt of court (Case No. SC97020). After a final hearing was held in these cases, the referee *895 made the following pertinent findings of fact:

Case SC96087—Count I. During September, 1997, a female client ("the client") met Scott for a consultation regarding an attempt by the Department of Children and Families ("the Department") to remove her son from her custody. Scott charged the client $25 for the consultation and advised her to consent to termination of her parental rights. The client signed a consent to termination of parental rights on September 30, 1997.

In October 1997, the client and her husband met with Scott regarding an attempt by the Department to terminate the client's parental rights to a second child. Scott stated that he would reduce his normal fee because he had another client with a similar case, but advised the client and her husband that he would need a $1000 retainer. The client and her husband obtained the money and returned to Scott's office that afternoon. Scott then asked the husband to leave the room so he could speak with the client alone. Scott proceeded to expose his penis to the client and fondle himself to erection. Scott asked the client "how bad do you want to win this case." She told Scott that she would pay Scott $20 to $25 a month for the rest of her life if she had to. Scott replied, "No, bitch. Come here." When the client got closer, Scott pulled her face down to his penis and ejaculated on her face and blouse. A Florida Department of Law Enforcement test on the blouse later confirmed that the stains on it were from semen.

That evening, the client ultimately related to her husband what had happened. The next day, the client and her husband contacted another attorney who referred them to the Suwannee County Sheriff's Office, which initiated a criminal investigation against Scott. The client agreed to wear a voice transmitter for two future visits to Scott's office. The referee concluded that at the first visit on October 28, 1997, the taped conversation implied that there had been oral sex between Scott and the client in the past and that, in the client's mind, the act had resulted in a lower fee. The referee found that at this visit, Scott asked the client if she wanted to perform oral sex on him.[1] At the October 31 visit, the referee found that Scott was ambiguous as to whether his reduced fee was connected with the client performing oral sex on him at that meeting. However, Scott eventually asked the client if she was "ready to do what you said you wanted to, come down here?" and proceeded to make further sexual proposals to her. Later, still on tape, the client who is obviously distraught confirms to her husband in their vehicle that Scott had unzipped his pants, pulled out his penis, and ejaculated.

Scott was subsequently arrested and charged with solicitation of prostitution. Scott disposed of the charges by entering into a pretrial diversion program agreement with the State Attorney's Office. In the deferred prosecution agreement, Scott admitted that "discussions of a sexual nature took place between him and the victim in regard to the legal fees to be charged by John Scott, the Defendant."

Based on Count I, the referee found Scott guilty of violating Rules Regulating the Florida Bar 4-8.4(b) (committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects), 4-8.4(d) (engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice) and 4-8.4(i) (engaging in sexual conduct with a client that exploits the lawyer-client relationship).

*896 Count II. On January 15, 1999, at the Bar's hearing to determine probable cause, Scott denied that he ever asked or tried to entice the client to perform a sexual act with him, or expressed or indicated a willingness to engage in a sexual act with her on either October 28 or October 31, 1997. On February 19, 1999, Scott had the opportunity to recant his prior testimony when he gave sworn testimony before The Florida Bar's grievance committee. Under oath, he maintained that he never solicited the client for sex and never agreed or indicated a willingness to engage in sex with her during the October visits. In his report the referee concludes that "Scott's statements and testimony in this regard were false and misleading."

Based on Count II, the referee found Scott guilty of violating rules 4-8.1(a) (knowingly making a false statement of material fact in connection with a disciplinary proceeding), and 4-8.4(c)(engaging in conduct involving dishonesty, fraud, deceit or misrepresentation).

Case SC97020—On February 8, 1999, Scott participated in jury selection in the trial of a criminal case in Suwannee County. The court advised the jury, counsel for the State, Scott, and his client to return to court on February 10 to commence the trial. On February 9, 1999, Scott had his secretary call the presiding judge's judicial assistant and state that he (Scott) was having chest pains and was going to seek medical attention, and that there was a problem with the trial going forward. Scott called his doctor's office and was told to go to an emergency room immediately. Instead, Scott went to Jacksonville and participated in settlement negotiations for another client. After the meeting, he went to an emergency room in Jacksonville, but decided not to stay. He neither sought nor received any medical attention on February 9. On February 10, Scott called his secretary and was told that the court had not continued the trial. Scott told his secretary to contact the court and advise that he was having a heart attack and was seeking medical attention. The secretary did so, but Scott made no effort to file a motion for continuance or other pleading on February 9 or 10, or to personally contact either the judge or opposing counsel by phone, fax, or e-mail.

At 9 a.m. on February 10, all parties were in the courtroom but Scott. At 10:30 a.m., Scott arrived at his doctor's office and was sent to an emergency room. He underwent a series of tests and the hospital's discharge diagnosis indicated, "Gastroesophageal reflux disease.... Chest pain, presumably gastrointestinal origin[, and] alcoholic hepatitis. Advised the patient to quit drinking." On February 12, the trial court issued a rule to show cause, ordering Scott to appear before the Court on February 22. On February 23, 1999, the trial court entered a written order of criminal contempt, ordering Scott to pay $1000 and suspending a thirty-day jail sentence conditioned upon payment of the fine. Scott filed a notice of appeal of the order, but did not pay the filing fee or file a brief.

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Bluebook (online)
810 So. 2d 893, 2002 WL 185887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-florida-bar-v-scott-fla-2002.