Thursday, February 18, 2010

No Reinstatement Without Repayment

The Florida Supreme Court disapproved a referee's report as well as the parties' stipulation and denied the reinstatement petition of an attorney. Justice Pariente dissented, concluding that the failure to pay costs and restitution in the suspension matter was "[t]he only apparent reason for the denial..." She credits the conclusion that the petitioner was financially unable to comply and had not acted in bad faith.

The justice would grant reinstatement with compliance  with a payment plan as a condition of probation. Justice Perry concurred.

To make matters worse, the court imposed costs against the petitioner for $1,307.65 in connection with the petition. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/02/the-florida-supreme-court-disapproved-a-referees-report-aa-well-asthe-parties-stipulation-and-denied-the-reinstatement-petiti.html

Bar Discipline & Process | Permalink

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