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Florida Bar v. Helm

Citations: 489 So. 2d 728; 11 Fla. L. Weekly 269; 1986 Fla. LEXIS 2227Docket: Nos. 65969, 63462

Court: Supreme Court of Florida; June 12, 1986; Florida; State Supreme Court

Narrative Opinion Summary

In a disciplinary proceeding, The Florida Bar filed two complaints against an attorney for eighteen violations of bar regulations, including conduct adversely reflecting on his fitness to practice law, withdrawal from client employment with prejudice, failure to refund fees, incompetency, neglect, and failure to pursue clients' lawful objectives. The attorney did not respond to notifications sent via regular and certified mail, nor did he appear in the proceedings. The referee recommended his disbarment, which neither the attorney nor The Florida Bar contested, leading to the court's immediate adoption of the recommendation. Consequently, the attorney was disbarred effective immediately, and ordered to pay costs of $1,789.36. His whereabouts have been unknown since March 1983, with all attempts to contact him at his last known address being unsuccessful.

Legal Issues Addressed

Attorney Disciplinary Proceedings

Application: The Florida Bar filed complaints against the attorney for multiple violations of bar regulations, resulting in a recommendation for disbarment.

Reasoning: The Florida Bar has filed two complaints against attorney Stanley H. Helm, alleging eighteen violations of bar regulations.

Conduct Reflecting Adversely on Fitness to Practice Law

Application: The attorney was found guilty of conduct reflecting adversely on his fitness to practice law.

Reasoning: Violating disciplinary rules related to conduct reflecting adversely on his fitness to practice law.

Disbarment and Cost Assessment

Application: The attorney was disbarred and ordered to pay costs as his whereabouts have been unknown, and all certified mail was returned unclaimed.

Reasoning: Consequently, Helm is disbarred effective upon the filing of this opinion, and he is ordered to pay costs amounting to $1,789.36.

Failure to Refund Fees

Application: The attorney failed to refund fees upon withdrawal from client representation.

Reasoning: Failing to refund fees upon withdrawal.

Failure to Respond to Disciplinary Actions

Application: The attorney did not respond or appear in the proceedings despite being notified through regular and certified mail.

Reasoning: Despite being notified through regular and certified mail, Helm did not respond or appear in the proceedings.

Failure to Seek Lawful Objectives for Clients

Application: The attorney failed to seek lawful objectives for his clients and carry out contracts of employment, causing prejudice or damage.

Reasoning: Failing to seek lawful objectives of clients and carry out contracts of employment, which prejudiced or damaged clients.

Incompetency in Legal Matters

Application: The attorney demonstrated incompetency in handling client legal matters.

Reasoning: Incompetency in handling client legal matters.

Neglect of Legal Matters

Application: The attorney neglected legal matters entrusted to him.

Reasoning: Neglecting legal matters entrusted to him.

Withdrawal from Client Employment

Application: The attorney withdrew from client employment, resulting in prejudice against the clients.

Reasoning: Withdrawing from client employment with resulting prejudice.