Florida Bar v. Hardman
Florida Bar v. Hardman
Opinion of the Court
These cases are disciplinary proceedings initiated by The Florida Bar and are before the Court for consideration of the report of the referee. No petition for review has been filed. Our consideration of the report proceeds pursuant to rule 3-7.6 of the Rules Regulating The Florida Bar.
Respondent James H. Hardman initially failed to respond to the complaints filed by The Florida Bar. Based on the failure to respond to the complaints and the requests for admissions, the Bar moved for judgment on the pleadings. After the date of the final hearing had been set, the respondent filed an untimely motion for a continuance. The referee granted the Bar’s motion for judgment on the pleadings as to the facts of the alleged misconduct, but bifurcated the issues so that respondent could appear and be heard on the question of the appropriate discipline to be imposed.
In case no. 69,988, there were two counts. In count one, the referee found that respondent was retained to perform some legal work and received payments for fees and costs. Thereafter he closed his office and moved without notice to the clients. Although he made a partial refund of the fees he received, he retained the remainder and did not perform the agreed legal services. The referee found violations of article XI, rule 11.02(3)(a) and Disciplinary Rules 1-102(A)(4), 1-102(A)(6), 2-110(A)(2) (withdrawal from employment without notice), 6-101(A)(3), 7-101(A)(l) (failure to seek client’s objectives), 7-101(A)(2) (failure to carry out a contract of employment), and 7-101(A)(3) (causing prejudice or damage to a client). On count two the referee found that respondent was employed as director of a local development council. He overpaid himself, deposited the council’s funds to his own account, and used the council’s funds to pay his personal expenses. The referee found that respondent improperly received more than $12,000 in this manner, thereby violating rule 11.-02(3)(a), D.R. 1-102(A)(3) (conduct involving moral turpitude), D.R. 1-102(A)(4), and D.R. 1-102(A)(6).
The referee concluded that respondent in effect abandoned his law practice due to chemical dependency. The referee found that respondent’s belated attempt to establish that he intends and has begun to rehabilitate himself was an insufficient basis for mitigation of discipline. The referee accordingly recommended that respondent be disbarred. We approve the referee’s report and also endorse his statement encouraging the respondent to proceed with the effort at rehabilitation.
Respondent James H. Hardman is hereby disbarred, effective immediately.
The costs of these proceedings are taxed against the respondent. Judgment is entered against James H. Hardman in the amount of $1,447.87, for which sum let execution issue.
It is so ordered.
Reference
- Full Case Name
- THE FLORIDA BAR v. James H. HARDMAN
- Status
- Published