Opinion
SC2024-0299
11-27-2024
The Florida Bar, Complainant(s) v. Wesley E. Terry, Respondent(s)
Lower Tribunal No(s).: 2020-50,439(17C) 2021-50,439(17C)
The Court hereby approves the conditional guilty plea and consent judgment for discipline under the stipulated terms below.
Stipulation
Respondent is suspended from the practice of law for 20 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 the 30 days to protect existing clients, this Court will enter an order making the suspension effective immediately. Respondent must fully comply with Rule Regulating The Florida Bar 3-5.1(h). Respondent must also fully comply with Rule Regulating The Florida Bar 3-6.1, if applicable.
A. Respondent must immediately:
1. accept no new clients from the date of the order;
2. initiate no litigation on behalf of clients from the date of the order; and
3. provide a copy of the suspension order to all courts, tribunals, or adjudicative agencies before which respondent is counsel of record; all state, federal, or administrative bars of which respondent is a member; all clients; all co-counsel; and all opposing counsel, as required by Rule 3-5.1(h).
B. Respondent must within 30 days from the date of this order:
1. cease all practice of law in Florida;
2. cease holding himself out as a Florida Bar member or lawyer and eliminate all indicia of respondent's status as a Florida Bar member or lawyer on websites, social media, telephone listings, stationery, checks, business cards, office signs, email address, and any other indicia of respondent's status as a Florida Bar member or lawyer;
3. wind down all pending matters;
4. cease withdrawing or disbursing any money from any trust account or other financial institution account holding funds of clients or third parties in respondent's possession in connection with legal representation;
5. not transfer any ownership of any real or personal property purchased in whole or in part with funds of clients or third parties in connection with legal representation; and
6. provide the bar's headquarters office in Tallahassee with an affidavit listing all of the following that respondent notified of the suspension order: all courts, tribunals, or adjudicative agencies of which respondent is a member; all state, federal, or administrative bars of which respondent is a member; all clients; all co-counsel; and all opposing counsel.
Respondent must undergo an evaluation by Florida Lawyers Assistance, Inc. and abide by all recommendations made by Florida Lawyers Assistance, Inc. including, but not limited to, entering into a rehabilitation contract within 30 days of the recommendation and must pay all fees and costs associated with evaluation and monitoring. If Florida Lawyers Assistance, Inc. recommends a rehabilitation contract, respondent will be placed on probation for the period of the contract, not to exceed 5 years, will be monitored by The Florida Bar headquarters office in Tallahassee, and will comply with all monitoring requirements including payment of monitoring fees. Respondent's noncompliance with any requirement is cause for contempt and additional discipline.
Respondent must undergo an office procedures and recordkeeping analysis by and under the direction of The Florida Bar's Diversion/Discipline Consultation Service, must contact the program within 30 days of this order to schedule a review, must pay all associated fees and costs, and must fully comply with and implement all of its recommendations at respondent's sole expense.
Respondent is further directed to comply with all other terms and conditions set forth in the consent judgment.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from respondent in the amount of $1,565.00, for which sum let execution issue. These disciplinary costs are not dischargeable in any future proceedings, including, but not limited to, a petition for bankruptcy. Respondent will be delinquent and ineligible to practice law if respondent does not satisfy the cost judgment within 30 days of this order, unless The Florida Bar Board of Governors defers payment.
Not final until time expires to file motion for rehearing and, if filed, determined.
MUNIZ, CJ, AND CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, AND SASSO, JJ, CONCUR.