Opinion
No. SC09-403.
April 28, 2011. Rehearing Denied June 13, 2011.
Lower Tribunal No.: 2009-50,009(17A).
The Court approves the referee's report and directs that respondent receive a public reprimand. However, we further direct that the public reprimand be administered by the Board of Governors of The Florida Bar at a date and time to be determined by the Board. Respondent is also directed to comply with all other terms and conditions of the report.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Petia Dimitrova Knowles in the amount of $4,164.99, for which sum let execution issue.
PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
CANADY, C.J., concurs in part and dissents in part with an opinion.
I concur in the approval of the referee's recommendation that the respondent be found guilty, but I dissent from the sanction imposed by the Court.
In addition to other misconduct, the respondent was guilty of threatening to present criminal charges solely to obtain an advantage in a civil matter, conduct which is expressly prohibited by Rule Regulating the Florida Bar 4-3.4(g). Such misconduct by its very nature causes harm to the legal system. The respondent was chargeable with knowledge of the rule prohibiting this misconduct. Florida Standard for Imposing Lawyer Sanctions 7.2 provides that "[suspension is appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional and causes injury or potential injury to . . . the legal system." Given all of the relevant circumstances, the misconduct here warrants a ninety-day suspension.