Opinion
Case No. SC01-1943, Lower Tribunal No. 2001-50,998(17C).
January 16, 2003.
The report of the referee is approved, and respondent is suspended from the practice of law for 100 days, effective 30 days from the date of this order so that respondent can close out his practice and protect the interests of existing clients. If respondent notifies this Court in writing that he is no longer practicing and does not need 30 days to protect existing clients, this Court will enter an order making the suspension effective immediately. Respondent shall accept no new business from the date this order is filed until the suspension expires. Prior to reinstatement, respondent shall have taken and successfully passed the ethics portion of The Florida Bar exam, and shall also have taken The Florida Bar Workshop on Trust Accounting.
Upon reinstatement, respondent shall be placed on probation for two years. Respondent shall retain, at his expense, the services of a certified public accountant acceptable to The Florida Bar to review respondent's trust records on a quarterly basis during the first year of probation. During the second year of probation, the review shall be on a semi-annual basis. The statements shall be prepared by the certified public accountant for review by The Florida Bar. The quarters are March 31, June 30, September 30, and December 31. The statements shall specify whether the respondent is in compliance with the Rules Regulating Trust Accounts and shall include monthly reconciliations of respondent's trust accounts. Respondent is responsible for timely submissions of reports to The Florida Bar's headquarter's office.
Respondent is further ordered to pay a monthly monitoring fee of $50 to The Florida Bar. All monthly monitoring fees must be remitted no later than the end of each respective month in which the monitoring fee is due. All fees must be paid to The Florida Bar's headquarter's office. Failure to pay shall be deemed to be a violation of probation.
Judgment is entered for The Florida Bar, 650 Apalachee Parkway, Tallahassee, Florida 32399, for recovery of costs from Kenneth J. Duckworth in the amount of $928.60, 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.
ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE and CANTERO, JJ., and SHAW, Senior Justice, concur.