THE FLORIDA BAR, COMPLAINANT,
v.
JAMES W. COTTON, RESPONDENT
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The Florida Supreme Court affirmed the Board of Governors' decision to disbar attorney James W. Cotton for accepting a retainer fee, failing to pursue his client's claim, allowing it to be barred by the statute of limitations, and refusing to return the retainer until immediately before a hearing. The Court found Cotton's conduct inexcusable given his experience and the fact that he was already under prosecution for similar misconduct.
The Court affirmed the disbarment, finding Cotton's conduct inexcusable and warranting severe punishment to protect the public. The Court approved and confirmed the Board of Governors' judgment in all respects, disbarring Cotton from the practice of law in Florida and taxing costs of $616.29 against him.
“The referee has observed that such conduct on the part of a young lawyer might be forgiven under proper circumstances. Such conduct on the part of an older, experienced practitioner is inexcusable.”
Establishes the Court's reasoning that Cotton's conduct was particularly inexcusable given his experience level
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Join FLexlaw to unlock all legal intelligenceCotton accepted a retainer fee on November 15, 1960, and agreed to collect certain sums for his client or file suit to that end. He did not pursue the…
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This is a disciplinary proceeding instituted by The Florida Bar and culminating in a judgment of the Board of Governors disbarring the respondent, James W. Cotton, from the practice of law and assessing the costs of the proceedings in the amount of $616.29 against the said respondent. Pertinent portions of said judgment are as follows:
“ * * * The referee in the case now before us found that the respondent accepted a retainer fee on November IS, 1960 and agreed to collect certain sums due his client, or to file suit toward that end. The respondent did not pursue the client’s claim; did not file suit and eventually the client’s claim was barred by the statute of limitations. Although the client had repeatedly demanded return of his retainer, the respondent persistently refused to do so until two days before the referee’s hearing in this cause.
"The referee has observed that such conduct on the part of a young lawyer might be forgiven under proper circumstances. Such conduct on the part of an older, experienced practitioner is inexcusable. It was also pointed out that at the time this misconduct was continuing, respondent was under prosecution by The Florida Bar for similar misconduct in the earlier case. The referee’s report provided in part: ‘The respondent should have made extra effort during said time to remain completely above reproach and any other conduct is absolutely inexcusable. In the referee’s opinion, the protection of the public requires that his punishment be severe.’ ”
A copy of said judgment was duly served upon the respondent and, together with the complete record in said cause, was filed in this Court on April 1, 1966. More than thirty days having elapsed after the entry of the judgment and the respondent having failed to file in this cause a petition for review as required by the rules of this Court; and the Court finding that this same respondent was suspended by this Court from the practice of law for a period of six months commencing January 30th, 1964 and continuously thereafter until he shall have paid the costs therein assessed and further thereafter until he satisfactorily demonstrates to the Board of Governors of The Florida Bar and this Court that he is entitled to reinstatement to the practice of law (State ex rel. The Florida Bar v. Cotton, 159 So.2d 469) and that such judgment is in full force and effect, it is, thereupon,
Ordered and adjudged that the judgment of the Board of Governors herein be and the same is hereby in all respects approved *34and confirmed and the respondent, James W. Cotton, be and he is hereby disbarred from the practice of law in this State.
It. is further ordered that costs of these proceedings in the sum of $616.29 be and the same are hereby taxed against the respondent, for which amount let execution issue.
THORNAL, C. J., and DREW, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The State of Fla. ex rel. THE Fla. BAR v. Cotton, 159 So. 2d 469 (Fla. 1963)