THE FLORIDA BAR, COMPLAINANT,
v.
EDWARD T. COOK, RESPONDENT
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The Florida Supreme Court reversed a disciplinary finding against attorney Edward Cook for failing to pay court reporter fees related to his own divorce proceedings. The Court held that disputes over personal debts, absent dishonesty or fraud, are not appropriate subjects for Bar disciplinary proceedings and should be resolved through civil action instead.
The Court reversed the finding of guilt and imposed no discipline, holding that disputes over an attorney's failure to pay personal debts, particularly those not involving misrepresentation, dishonesty, deceit, or fraudulent procurement, are not appropriate subjects for disciplinary proceedings and should be resolved through civil action.
[1] A disciplinary proceeding is not the appropriate forum for resolving disputes solely concerning an attorney's failure to pay a personal debt, absent allegations of misrep…
[2] Conduct that reflects adversely on an attorney's fitness to practice law, as defined by Disciplinary Rule 1-102(A)(6), does not encompass disputes over unpaid personal de…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The Bar now argues that disciplinary proceedings are not appropriate in cases such as this which do not involve misrepresentation, dishonesty, deceit, or fraudulent procurement and which involve a dispute over an attorney's failure to pay a personal debt.”
States the Bar's own position that ordinary debt disputes should not be subject to disciplinary proceedings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEdward Cook, an attorney, hired an official court reporter to record a deposition and a final hearing in his own marriage dissolution proceedings. Coo…
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PER CURIAM.
The Florida Bar petitions this Court to review the report of the referee in disciplinary proceedings the Bar instituted against Edward Cook. The Bar asks this Court to reverse the referee’s finding of guilt. We have jurisdiction. Art. V, § 15, Fla. Const. The alleged disciplinary violations occurred as part of Cook’s own marriage dissolution proceedings. In the report the referee found that Cook had hired an official court reporter to record a deposition at the Seminole County Courthouse. The court reporter provided Cook with a transcript of the deposition but Cook never paid him for it. The referee found conflicting testimony over whether Cook hired an official court reporter to record the final hearing in the dissolution proceedings. The invoice for that transcript also has not been paid. The referee found Cook guilty of violating Disciplinary Rule 1-102(A)(6) of the Code of Professional Responsibility for engaging in “conduct that reflects adversely on his fitness to practice law.” * The referee recommended that Cook be given a public reprimand.
The Bar now argues that disciplinary proceedings are not appropriate in cases such as this which do not involve misrepresentation, dishonesty, deceit, or fraudulent procurement and which involve a dispute over an attorney’s failure to pay a personal debt. The Bar argues this dispute is more appropriately resolved through a civil action rather than through a Bar disciplinary proceeding.
We reverse the referee’s finding of guilt and, therefore, impose no discipline. We caution the Bar to carefully consider the implications of instituting such proceedings in the future.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, ehrlich, barkett, GRIMES and KOGAN, JJ., concur. *
Disciplinary Rule 1-102 of the Code of Professional Responsibility reads in whole:
(A) A lawyer shall not:
(1) Violate a Disciplinary Rule.
(2) Circumvent a Disciplinary Rule through actions of another. (3) Engage in illegal conduct involving moral turpitude.
(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(5) Engage in conduct that is prejudicial to the administration of justice.
(6) Engage in any other conduct that adversely reflects on his fitness to practice law.