Opinion
Case No. SC03-2151.
December 16, 2005.
Lower Tribunal Nos. 2002-30,898(18B), 2002-31,128(18B), 2002-30,991(18B), 2002-31,361(18B), 2002-31,724(18B), 2002-31,866(18B), 2003-30,745(18B).
The respondent's motion for rehearing as to costs is denied. The respondent's motion for rehearing as to the requirement that he accept no new business from the date the Court's order is filed until his suspension expires is granted because the conditional guilty plea for consent judgment did not address that requirement.
Accordingly, the uncontested report of the referee and consent judgment are approved. Respondent is suspended from the practice of law for ten (10) work days, not to include Saturday and Sunday, effective thirty (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 the thirty (30) days to protect existing clients, this Court will enter an order making the suspension effective immediately. The notification requirements of Rule Regulating The Florida Bar 3-5.1(g) are waived.
Respondent shall pay restitution in the amount of $500.00 to Joanna R. Scott and $30.00 to Craig J. Evans under the terms and conditions set forth in the report and consent judgment.
Respondent is further directed to attend the next scheduled Trust Accounting Workshop held in his geographical area under the terms and conditions set forth in the report and consent judgment.
WELLS, ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.
PARIENTE, C.J., and QUINCE, J., concur in part and dissent in part, and would deny the respondent's motion for rehearing as to both issues, but would allow the respondent to withdraw his conditional guilty plea for consent judgment.