THE FLORIDA BAR, Petitioner,
v.
Susan M. TILLMAN, Respondent.
Supreme Court of Florida.
John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, *543 and Lorrаine C. Hoffmann, Bar Counsel and Kevin P. Tynan, Bar Counsel, Fort Lauderdale, for Complainаnt.
Susan M. Tillman, pro se, Coral Springs, and Fred Haddad, Fort Lauderdale, for Respondent.
PER CURIAM.
We have for review the complaint of The Florida Bar and the referee's report regarding alleged ethical breaches by Susan M. Tillman. We have jurisdictiоn. Art. V, § 15, Fla. Const.
The Florida Bar filed a complaint against Tillman alleging theft of client monies, commingling of trust accounts, and failure to maintain minimum trust accounting standards. Hearings were held November 16 and 30, 1995. The referee found Tillman guilty of the charges in Counts I, II, and III and recommended disbarment. We approve the referee's recommendation.
Count I alleges that Tillman misappropriated client funds. The evidence reflected she paid personal expenses from the trust account and charged the expenses to her clients, drew excessive and premature fees and costs, and failed to pay clients' medical expenses with funds supрlied to her to do so. There is ample evidence to support this count, from ledgers and cancelled checks, from Tillman's bookkeeper's testimony, frоm her own testimony, and from records of unsatisfied or delinquent medical expenses to be paid by her for clients. The trust account revealed a persistent аnd growing shortage. The evidence shows that Tillman intentionally misused her trust account. Thе referee found that as to this count, Tillman violated Rules Regulating The Florida Bar 4-1.15(b) (prompt delivery of client funds), 4-1.15(d) (compliance with trust account rules), 4-8.4(c) (conduсt involving dishonesty, fraud, deceit or misrepresentation), and 5-1.1 (money entrusted must be used fоr specified purpose).
Count II alleges commingling of client and personal funds, arising out of Tillman's failure to timely remove earned fees from the trust accоunt. Her testimony confirms that this was her standard practice. The evidence supрorts this count. The referee found that as to this count, Tillman violated rules 4-1.15(a) (commingling prohibited), and 4-1.15(c) (fees shall be withdrawn when they become due).
Count III alleges thаt Tillman failed to follow the rules for trust accounting set out by the Bar. Among the violatiоns, ledger cards were inadequate, the disbursement journal was incomplete, аnd settlement statements were not retained in contingency fee cases or were not signed by clients. The evidence shows that the records lack the required detail. The referee found that as to this count, Tillman violated rules 4-1.15(d) (compliance with trust account rules), and 5-1.1(d) and 5-1.2 (compliance with trust account proсedures and record keeping requirements).
The referee recommendеd disbarment. She found two factors in mitigation: no prior disciplinary record and short рeriod of time in practice. In aggravation, the referee found dishonest оr selfish motive, pattern of misconduct and multiple offenses, refusal to acknowledge wrongful nature of misconduct, and lack of remorse. Tillman urges that the appropriate discipline is attendance at Disciplinary Diversion School.
Concerning theft, we have said that "[t]he misuse of client funds is one of the most serious оffenses a lawyer can commit. Upon a finding of misuse or misappropriatiоn, there is a presumption that disbarment is the appropriate punishment." Florida Bar v. Schiller,
Susan M. Tillman is hereby disbarred effective immediately. The costs of these proceedings are taxed against Tillman and judgment is entered in thе amount of $13,201.00, for which sum let execution issue.
It is so ordered.
*544 KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and WELLS, JJ., concur.
ANSTEAD, J., concurs in part and dissents in part with an opinion.
ANSTEAD, Justice, concurring in part, dissenting in part.
In my view, this case is very similar to Florida Bar v. Barbone,