PETITION OF PHILIP STEPHEN BENNETT FOR THE ISSUANCE OF A CERTIFICATE TO PRACTICE LAW IN THE STATE OF FLORIDA AND FOR ADMISSION TO THE FLORIDA BAR
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The Florida Supreme Court affirmed a disciplinary judgment against an attorney for gross dereliction of duty, suspending him for three months and until a judgment against a client was satisfied of record.
The court held that a suspension from the practice of law for three months and thereafter until a judgment against a client is satisfied of record is appropriate discipline for an attorney's gross dereliction of duty, considering prior transgressions.
An attorney failed to represent a client, resulting in a default judgment against both. He later settled the judgment for the client but neglected to …
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Upon further consideration of the application of Philip Stephen Bennett for admission to The Florida Bar pursuant to the provisions of Chapter 26655 § 3, Laws of Florida, Acts of 1951, and the report of the Florida Board of Bar Examiners filed upon the order of this Court June 10, 1964, 165 So.2d 169, we find the petitioner technically qualified and morally fit.
Therefore, it is ordered that upon his taking, subscribing and filing the oath prescribed by Section 23, of Article V, of the Rules of the Supreme Court of Florida Relating to Admission to the Bar, 31 F.S.A., Philip Stephen Bennett shall be admitted as-a member of The Florida Bar and the-Clerk shall engross his name upon the roll of members thereof.
DREW, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ.r concur.
THORNAL, J., dissents with opinion.
O’CONNELL, J., dissents and concurs' with THORNAL, J.
(dissenting).
Mr. Bennett wants to be admitted to the practice of law under the so-called “diploma privilege”. He claims that he was “enrolled” in a Florida Law College prior to’ July 25, 1951 when the “diploma privilege” was abolished. Chapter 26655, Section 3, Laws of Florida, 1951. It is clear that he intended to enter law school in the fall of 1951. However, it is equally clear to me that he was not “enrolled” prior to the critical date. I sympathize with the applicant. However, over ten years have elapsed since he graduated from law school. He has actually taken the Bar Examination twice. Both times he failed. So far as I know, Mr. Bennett is a fine man. I simply feel that he should be required to pass the Bar Examination before being admitted to practice law. The Board of Bar Examiners has so ruled. I would approve that decision. The majority holds to the contrary.
I therefore dissent.
O’CONNELL, J., concurs.
THORNAL, Justice
(dissenting).
Mr. Bennett wants to be admitted to the practice of law under the so-called “diploma privilege”. He claims that he was “enrolled” in a Florida Law College prior to’ July 25, 1951 when the “diploma privilege” was abolished. Chapter 26655, Section 3, Laws of Florida, 1951. It is clear that he intended to enter law school in the fall of 1951. However, it is equally clear to me that he was not “enrolled” prior to the critical date. I sympathize with the applicant. However, over ten years have elapsed since he graduated from law school. He has actually taken the Bar Examination twice. Both times he failed. So far as I know, Mr. Bennett is a fine man. I simply feel that he should be required to pass the Bar Examination before being admitted to practice law. The Board of Bar Examiners has so ruled. I would approve that decision. The majority holds to the contrary.
I therefore dissent.
O’CONNELL, J., concurs.
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Petition of Placido Lebron, Jr., 183 So. 2d 544 (Fla. 1966)…1951).1 VII “This Court is empowered by law to admit petitioner to the practice of law under provisions of Section 454.03 and Section 454.031(3), Florida Statutes (1951), and pursuant to authority of that case entitled Bennett, Petition of, Fla., 168 So. 2d 318. * * *» The Florida Board of Bar Examiners opposes the issuance of the certificate to practice to Petitioner, contending the Petitioner physically was not “enrolled” within the meaning of § 454.031, F.S., on or before July 25, 1951, as required by…1 / 3
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Petition of Blas Manuel Rocafort, III, 186 So. 2d 496 (Fla. 1966)…such repeal or transferral of authority to the Court to regulate admissions to the Bar. To the contrary, this Court has accorded admission to graduates long after such repeals and transfer of authority. See, for example, petitions of Bennett (Fla.), 168 So. 2d 318, and Lebrón (Fla.), [*498] 183 So. 2d 544; 185 So. 2d 464. While those cited instances do not involve after-achieved United States citizenship, they do stand for the proposition that the mere fact the diploma privilege has been abolished and new rul…
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In re Fla. Bd. OF BAR Exam'rs. In re Benjamin Harris Ervin, 290 So. 2d 9 (Fla. 1974)…Chapter 29796, Section 3, Laws o£ Florida 1955. . See In re Warford, 194 So. 2d 256 (Fla.1967) ; Petition of Rocafort, 186 So. 2d 496 (Fla.1966) ; Petition of Lebron, 183 So. 2d 544, modified, 185 So. 2d 464 (Fla.1966) and In re Bennett’s Petition, 168 So. 2d 318 (Fla.1964). . E. G., Petition of Rocafort, 186 So. 2d 496 (Fla.1966) ; Petition of Lebron, 183 So. 2d 544, modified, 185 So. 2d 464 (Fla.1966) ; In re Bennett’s Petition, 168 So. 2d 318 (Fla. 1964) ; and Smith v. State Board of Law Examiners, 9 Fla…1 / 3
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Nova Perry v. The Honorable Joseph S. White, 165 So. 2d 169 (Fla. 1964)