The Florida Bar v. Shoureas

913 So. 2d 554, 2005 WL 2509271
CourtSupreme Court of Florida
DecidedOctober 12, 2005
DocketSC03-1194, SC03-1333
StatusPublished
Cited by55 cases

This text of 913 So. 2d 554 (The Florida Bar v. Shoureas) 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. Shoureas, 913 So. 2d 554, 2005 WL 2509271 (Fla. 2005).

Opinion

913 So.2d 554 (2005)

THE FLORIDA BAR, Complainant,
v.
Marjorie Hollman SHOUREAS, Respondent.
The Florida Bar, Complainant,
v.
Marjorie Hollman Shoureas, Respondent.

Nos. SC03-1194, SC03-1333.

Supreme Court of Florida.

October 12, 2005.

*555 John F. Harkness, Executive Director, John Anthony Boggs, Staff Counsel, The Florida Bar, Tallahassee, FL, and Adria E. Quinela, Bar Counsel, Fort Lauderdale, FL, for Complainant.

Kevin P. Tynan of Richardson and Tynan, P.L.C., Tamarac, FL, for Respondent.

*556 PER CURIAM.

We have for review the referee's reports in two cases involving ethical breaches by Marjorie Hollman Shoureas. We have jurisdiction. See art. V, § 15, Fla. Const. We consolidate the cases for purposes of this opinion. We approve the referee's findings of fact, recommendations as to guilt, and recommended discipline, with the exceptions noted below.

CASE NO. SC03-1194

A. Facts

This case involves disciplinary violations arising from two client matters. In the first matter, Lavont Flanders hired Shoureas to represent him in two civil cases. Flanders subsequently made numerous attempts to contact Shoureas concerning the cases, but she never returned his phone calls or replied to his letters. In one of the cases, Shoureas failed to execute a summons and complaint, failed to meet discovery deadlines, and was ordered to show cause why the case should not be dismissed for lack of prosecution. In the other case, Shoureas failed to execute a summons, and Flanders himself had to arrange for the summons to be served. That case was dismissed for lack of prosecution. Flanders filed a complaint with The Florida Bar concerning both cases. In the second matter, Magnolia Jager hired Shoureas to represent her in an employment discrimination dispute. Shoureas accepted representation and collected a fee and then never returned Jager's phone calls or replied to her letters. Jager filed a complaint with The Florida Bar.

Upon investigation, the Bar filed a four-count complaint against Shoureas. Counts I and II addressed Flanders's complaint, and Counts III and IV addressed Jager's complaint. The referee recommended that Shoureas be found guilty as follows:

A. As to Count I: By the conduct set forth above, Respondent violated R. Regulating Fla. Bar Rule 4-1.1 [A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation]; Rule 4-1.3 [A lawyer shall act with reasonable diligence and promptness in representing a client.]; Rule 4-1.4(a) [A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information]; Rule 4-1.4(b) [A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation]; and Rule 4-8.4(a) [A lawyer shall not violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another].
B. As to Count II: By the conduct set forth above, Respondent violated R. Regulating Fla. Bar Rule 4-8.4(g) [A lawyer shall not fail to respond, in writing, to any official inquiry by Bar counsel or a disciplinary agency, as defined elsewhere in these rules, when Bar counsel or the agency is conducting an investigation into the lawyer's conduct].
C. As to Count III: By the conduct set forth above, Respondent violated R. Regulating Fla. Bar Rule 4-1.1 [A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation]; Rule 4-1.3 [A lawyer shall act with reasonable diligence and promptness in representing a client]; Rule 4-1.4(a) [A lawyer shall keep a client reasonably informed about the status of a matter and *557 promptly comply with reasonable requests for information]; Rule 4-1.4(b) [A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation]; Rule 4-1.5(a) [An attorney shall not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee or a fee generated by employment that was obtained through advertising or solicitation not in compliance with the Rules Regulating The Florida Bar]; and Rule 4-8.4(a) [A lawyer shall not violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another].
D. As to Count IV: By the conduct set forth above, Respondent violated R. Regulating Fla. Bar Rule 4-8.4(g) [A lawyer shall not fail to respond, in writing, to any official inquiry by Bar counsel or a disciplinary agency, as defined elsewhere in these rules, when Bar counsel or the agency is conducting an investigation into the lawyer's conduct].

The referee made the following recommendation as to disciplinary measures to be imposed:

I recommend that Respondent be suspended for three years from the practice of law, said suspension to run concurrent and coterminous with her suspension in Supreme Court Case No. SC03-293. Respondent shall also pay $100 to Ms. Jager as restitution within sixty days of the order of the Supreme Court. During the course of her suspension, the Respondent is to continue her treatment and counseling with Dr. Ryan and Florida Lawyers Assistance, Inc. The appropriateness of any probationary terms upon reinstatement should be addressed in the reinstatement proceeding.

In recommending imposition of the above disciplinary measures, the referee considered the following factors:

After finding Respondent guilty but prior to making my disciplinary recommendation, I considered the following personal history and prior disciplinary record of Respondent, to wit:
Age: 52.
Date admitted to The Florida Bar: March 31, 2000.
Prior disciplinary convictions and disciplinary measures imposed therein: Respondent has been disciplined twice since her admission to The Florida Bar in 2000. The Florida Bar Case Nos. 2002-50,966 and 2002-51,254, Supreme Court Case No. SC02-2226—Respondent was suspended for ninety-one days for neglecting clients; The Florida Bar Case Nos.2002-51,797 and 2003-50,524, Supreme Court Case No. SC03-293—Respondent was suspended for a period of three years for neglecting clients.

The Bar has petitioned for review, seeking disbarment rather than a three-year suspension. Shoureas, on the other hand, asks the Court to approve the recommended discipline.

B. Analysis

The Court's standard of review for evaluating a referee's factual findings and recommendations as to guilt is as follows:

This Court's review of such matters is limited, and if a referee's findings of fact and conclusions concerning guilt are supported by competent, substantial evidence in the record, this Court will not reweigh the evidence and substitute its judgment for that of the referee.

Fla. Bar v. Rose, 823 So.2d 727, 729 (Fla. 2002). Implicit in this standard is the requirement that the referee's factual findings must be sufficient under the applicable *558 rules to support the recommendations as to guilt. See Fla. Bar v. Spear,

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Bluebook (online)
913 So. 2d 554, 2005 WL 2509271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-florida-bar-v-shoureas-fla-2005.