396 So. 2d 182 | Fla. | 1981
Concurrence in Part
concurring in part, dissenting in part.
Respondent Melvyn Greenspahn has been before this Court on two other occasions. The first time was in The Florida Bar v. Greenspahn, 366 So.2d 396 (Fla.1978), in which he was publicly reprimanded for his willful failure to file income tax returns and his subsequent conviction of a criminal misdemeanor for such misconduct. The second time was in The Florida Bar v. Greenspahn, 386 So.2d 523 (Fla.1980), in which he received a six months’ suspension for two incidents involving his failure to maintain and to promptly pay trust funds to his clients and for a separate incident involving his failure to return unearned fees and costs advanced by his client until after a hearing of the client’s complaint by the grievance committee.
In the present case, Greenspahn has been found guilty of four additional counts of misconduct. First, the referee found that Greenspahn did not attend a pretrial conference in a lawsuit which he had filed on behalf of one of his clients and that, as a result, the case was dismissed. Thereafter, Greenspahn failed to advise his client that the case had been dismissed and misrepresented to his client that the case was still pending and had been ultimately settled by him for $2,500. Greenspahn gave his client a check for $2,500, representing that it was the proceeds from the settlement. The check was returned for insufficient funds, and the client never received any money from the dismissed lawsuit. Second, the
I agree that the four acts of misconduct in the present case and the three acts of misconduct for which Greenspahn has already been suspended should be considered together and that the appropriate discipline should be determined from the totality of the conduct as though all of the charges had been presented to us in one proceeding. I disagree, however, that the appropriate penalty is suspension for eighteen months. This case does not involve isolated instances of misconduct. Rather, it appears that Greenspahn is guilty of a persistent course of misconduct over several years. In addition, his criminal failure to file income tax returns indicates a disrespect for the law. The practice of law is a privilege, not a right. Greenspahn has abused this privilege. Over a number of years he has clearly demonstrated that he does not measure up to the high standards of the profession. By his conduct he has forfeited the privilege of practicing law. I would accept the referee’s recommendation that Greenspahn be disbarred.
Lead Opinion
This is a disciplinary proceeding against Melvyn Greenspahn, a member of The Florida Bar. It is before this Court on a complaint of the Florida Bar, report and recommendation of the referee, and petition for review by Mr. Greenspahn. Two complaints to this Court against Mr. Green-spahn preceded this one,
In considering the appropriate discipline for an ethical violation, this Court considers past derelictions of responsibility and, when appropriate, increases the penalty. The Florida Bar v. Welch, 309 So.2d 537 (Fla.1975); The Florida Bar v. Enwright, 172 So.2d 584 (Fla.1965). Under the peculiar facts of this matter, however, we determine the appropriate discipline from the totality of the conduct as though all of the charges had been presented to us in one proceeding.
We disagree with the referee’s finding that the evidence supports a finding of moral turpitude. There is, however, evidence of frequent acts of neglect and failure to promptly deliver clients’ funds to them. To this extent we adopt the referee’s findings.
Reviewing the totality of the acts complained of in this case, together with the prior established acts of misconduct, we find that the appropriate penalty is suspension for eighteen months. Mr. Greenspahn has not been reinstated for the six-month suspension which commenced on June 16, 1980; therefore his suspension shall continue to December 16, 1981. At that time, he may apply for readmission, and upon proof of rehabilitation and payment of all costs he shall be readmitted to the practice of law.
Mr. Greenspahn is directed to pay costs of these proceedings in the amount of $2,188.38.
It is so ordered.
The Florida Bar v. Greenspahn, 386 So.2d 523 (Fia.1980); The Florida Bar v. Greenspahn, 366 So.2d 396 (Fla.1978).