THE FLORIDA BAR, COMPLAINANT,
v.
RAYMOND E. LAPORTE, RESPONDENT

Fla. | 1985-10-10
Nos. 63527, 64092, 65817 and 66083
ADKINS, Acting C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.
477 So. 2d 560 Florida Supreme Court (1985)

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Synopsis

The Florida Bar disciplined attorney Raymond E. LaPorte for multiple violations across four cases involving failure to properly manage client matters, inadequate communication with staff, and improper financial practices. The Florida Supreme Court approved the referee's findings and imposed a public reprimand, two-year probation with unannounced office inspections, and costs.


Holding

LaPorte was found guilty of violating multiple Disciplinary Rules across all four cases. The Court approved the referee's recommendations for a public reprimand, two-year probation with unannounced office inspections, and assessed costs of $3,977.01.


Headnotes

[1] A referee's report and record in disciplinary proceedings are duly filed with the Court when submitted pursuant to the Integration Rule of The Florida Bar.

[2] A lack of communication between an attorney and their sole employee can be a cause for disciplinary violations.

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Key Quotes

“The referee finds that the problem in this case was caused by a lack of communication between respondent and his sole employee, i.e., his wife, secretary, and office manager.”

Identifies the recurring root cause of LaPorte's violations across multiple cases

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Facts & Procedural History

LaPorte faced four separate complaints. In Case No. 63,527, he violated specific rules regarding client trust accounts. In Case No. 64,092, poor commu…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

These disciplinary proceedings by The Florida Bar against Raymond E. LaPorte, are presently before us on complaints of The Florida Bar and report of referee. Pursuant to article XI, Rule 11.06(9)(b) of the Integration Rule of The Florida Bar, the referee’s report and record were duly filed with this Court. No petition for review pursuant to Integration Rule of The Florida Bar 11.09(1) has been filed.

Having considered the pleadings and evidence, the referee states as follows:

Case No. 63,527

The facts are as set forth in the Complaint filed by The Florida Bar and the referee recommends that the respondent be found guilty of violating article XI, Rules 11.02(4) and 11.02(4)(a) and Disciplinary Rule 9-102(A);

Case No. 64,092

The facts are as set forth in the Complaint filed by The Florida Bar. The referee finds that the problem in this case was caused by a lack of communication between respondent and his sole employee, i.e., his wife, secretary, and office manager. While respondent did not actively pursue his client’s claim, he sought to remedy the problem once he became cognizant of the matter. Subsequently, the complainant pursued her remedies in the court system with the aid of another attorney. The referee recommends that the respondent be found guilty of violating Disciplinary Rules 1-102(A)(1), (4) and (6); 6-101(A)(3); and 7-102(A)(8); and 7-102(A)(8);

Case No. 65,817

The facts are set forth in the Complaint filed by The Florida Bar. Again, the referee finds that respondent’s error was due to a lack of communication between respondent and his sole employee, i.e., his wife, secretary, and office manager. Mr. Baity has, by his own admission, been made whole in that respondent expended approximately twelve thousand dollars of his own funds to settle the matter. The referee recommends that respondent be found guilty of violating Disciplinary Rules 1-102(A)(4), (5) and (6); 5-102(B); 6-101(A)(l) and (3); 6-102(A); 7-101(B); 7-102(A)(3), (5), (6) and (8); 9-102(A); and 9-102(B)(l), (2), (3) and (4); and Case No. 66,083

The facts are set forth in the Complaint filed by The Florida Bar. The referee recommends that the respondent be found guilty of violating article XI, Rule 11.-02(3)(A) and Disciplinary Rule 1-102(A)(4).

The referee recommends that respondent receive a public reprimand with appearance before the Board of Governors. It is also the recommendation of the referee that respondent be placed on a period of probation not to exceed two years during which time The Florida Bar shall conduct unannounced inspections of respondent’s law offices. If at the end of a year, The Florida Bar is satisfied that respondent is properly managing his case load and also properly maintaining the required trust accounts and proper financial practices, then the period of probation shall be terminated.

Having carefully reviewed the record, we approve the findings and recommendations of the referee. Publication of this opinion in Southern Reporter and the appearance of respondent before the Board of Governors of The Florida Bar shall serve as the public reprimand. Raymond E. LaPorte is placed on a period of probation not to exceed two years. During this period The Florida Bar shall conduct unannounced inspections of respondent’s law offices. If, at the end of a year, The Florida Bar is satisfied that respondent is properly managing his case load and also properly maintaining the required trust accounts and proper financial practices, then the period of probation shall be terminated.

Judgment for costs in the amount of $3,977.01 is hereby entered against respondent, for which sum let execution issue.

It is so ordered.

ADKINS, Acting C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.


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