Narrative Opinion Summary
In this judicial opinion, the respondent, a member of the Florida Bar, petitioned for resignation without eligibility to reapply, as per the rules of the Florida Bar. The petition came amidst pending disciplinary actions alleging conversion of approximately $4,000 in trust funds from an estate he managed, with the grievance committee having found probable cause. The respondent had previously been suspended for professional misconduct and had not sought reinstatement. Although no current criminal charges were pending, the respondent was willing to accept liability for the costs incurred by The Florida Bar in the disciplinary process, amounting to $608.07, and agreed to cooperate with any ongoing investigations by the Client Security Fund. The respondent, who was represented by counsel and voluntarily no longer practicing law, asserted that his resignation would not compromise public interest or the integrity of the legal profession. The Florida Bar supported the petition, and the court approved it, confirming that all procedural requirements had been satisfied. This decision effectively concluded the respondent's legal practice under the conditions stipulated in his petition.
Legal Issues Addressed
Acceptance of Costs and Liabilitysubscribe to see similar legal issues
Application: The respondent agreed to accept liability for costs incurred by The Florida Bar, demonstrating acknowledgement of the disciplinary process's seriousness.
Reasoning: He acknowledges the serious nature of the discipline he faces and accepts liability for costs incurred by The Florida Bar in his disciplinary processes, amounting to $608.07.
Compliance with Rule 11.08(3) Requirementssubscribe to see similar legal issues
Application: The court confirmed that all procedural requirements for granting the petition under Rule 11.08(3) were met, resulting in approval of the resignation.
Reasoning: The Florida Bar supports his petition, and the Court has approved it, confirming that all requirements of Rule 11.08(3) have been met.
Pending Disciplinary Action and Public Interestsubscribe to see similar legal issues
Application: The respondent faced pending disciplinary actions related to the conversion of trust funds but argued that his resignation would not harm public interest or legal integrity.
Reasoning: A disciplinary action is pending against him, alleging the conversion of approximately $4,000 in trust funds belonging to an estate he managed... Silverman asserts that granting his petition will not harm the public interest or the integrity of the legal profession.
Resignation Without Leave to Reapply under Florida Bar Rulessubscribe to see similar legal issues
Application: The respondent sought resignation without the possibility of reapplying, contingent upon acceptance of specified terms, which the court approved.
Reasoning: Respondent Paul K. Silverman, a member of the Florida Bar, submitted a Petition for Leave to Resign Without Leave to Reapply under article XI, Rule 11.08 of the Integration Rule of the Florida Bar.