Opinion
Case No. SC05-1664.
February 4, 2008.
Lower Tribunal No(s). 2003-50,485(15C), 2004-50,149(15C), 2004-50,521(15C).
The report of the referee is approved in part and disapproved in part. The referee's findings of fact are approved, as are the recommendations of guilt with regard to Counts 1, 2, 4, and 5. With regard to Count 3, the findings of fact and recommendation of guilt as to rule 1-3.3 are approved, but the recommendations of guilt as to rules 3-4.2 and 4-8.4(a) are disapproved. A rule 1-3.3 violation cannot serve as the predicate offense for violations of rules 3-4.2 and 4-8.4(a). Furthermore, a violation of rule 1-3.3, standing alone, does not expose an attorney to sanctions for unethical conduct.
Even without the Count 3 conduct and rule violation, the recommendations of discipline are reasonably supported by existing caselaw and the Florida Standards for Imposing Lawyer Sanctions. Therefore, the referee's recommendations of discipline are approved.
Accordingly, Steven M. Busch is suspended from the practice of law for three years, effective thirty days from the date of this order so that Busch can close out his practice and protect the interests of existing clients. If Busch notifies this Court in writing that he is no longer practicing and does not need the thirty days to protect existing clients, this Court will enter an order making the suspension effective immediately. Busch shall accept no new business from the date this order is filed until he is reinstated. Busch is further directed to comply with all other terms and conditions of the report.
Upon reinstatement, Busch will be on probation for three years under the terms and conditions recommended by the referee. Busch shall pay restitution of $3,500.00 to Vic George under the terms and conditions recommended by the referee.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Steven M. Busch in the amount of $3,886.80, for which sum let execution issue.
Not final until time expires to file motion for rehearing, and if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this suspension.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.