Florida Bar v. Head, 84 So. 3d 292

Respondent, Koko Head, was found guilty of professional misconduct after a referee’s report; the Court confirms guilt and costs but increases sanction.
Count I involved a landlord–tenant dispute over removal of tenant assets and records on March 19, 2009, with alleged obstruction of removal and misrepresentations.
Count II involved Tastan’s grievance alleging inadequate representation; Respondent allegedly failed to advise independent counsel regarding a mutual release.
The referee found counts I and II violated several Rules Regulating the Florida Bar, including candor toward the tribunal, truthfulness, and limitation of malpractice liability.
The Court disapproves the referee’s finding of minor misconduct and negligent intent, and imposes a ninety-one-day suspension followed by one year of probation, plus ethics and professionalism CLE.
The suspension becomes effective thirty days from this opinion to allow orderly transition and client protection.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Respondent violate 4-3.3(a), 4-4.1, and 4-8.4(c) in Count I?	Bar argued violations based on false statements and misrepresentation.	Head contended conduct not proven as such; some findings were negligent.	Guilty on 4-3.3(a), 4-4.1, and 4-8.4(c).
Was the 4-8.4(c) violation proven intentional, not negligent?	Bar relied on deliberate acts to deceive.	Respondent claimed negligence or lack of intent.	Respondent acted intentionally; not negligent.
Did Respondent violate 4-1.8(h) in Count II?	Bar asserted failure to advise independent counsel regarding settlement/claim.	Respondent claimed Tastan’s representation existed; rule not applicable.	Guilty of violating 4-1.8(h).
Should the misconduct be treated as minor under the Minor Misconduct standard?	Disciplinary severity warranted given deceitful acts.	Referee classified as minor misconduct.	Not minor; sustained as serious misconduct; 91-day suspension warranted.

Florida Bar v. Lathe, 774 So.2d 675 (Fla. 2000) (suspension for intentional misrepresentations to a judge)
Florida Bar v. Fortunato, 788 So.2d 201 (Fla. 2001) (suspension for false testimony at disciplinary hearing)
Fla. Bar v. Head, 27 So.3d 1 (Fla. 2010) (dishonesty cannot be tolerated; not minor misconduct)
Fla. Bar v. Rotstein, 835 So.2d 241 (Fla. 2002) (dishonesty; fundamental dishonesty worthy of sanction)
Fla. Bar v. Fredericks, 731 So.2d 1249 (Fla. 1999) (intent element for 4-8.4(c))
Fla. Bar v. Jordan, 705 So.2d 1387 (Fla. 1998) (requires advising independent counsel in certain settlements)