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560 So. 2d 785

560 So.2d 785

15 Fla.L.WeeklySupp. 277

Florida Bar

Supreme Court of Florida

Decided May 3, 1990

Supreme Court of Florida · decided 1990-05-03

Cited by 2 later decisions — most recently November 2000

2 state decisions

Relies on 131 So. 2d 472 - In Re Dawson · 538 So. 2d 836 - The Florida Bar · 534 So. 2d 392 - Florida Bar v. Cohen

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-03

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PER CURIAM.

¶1Cohen seeks review of a referee’s report recommending that he not be reinstated to membership in The Florida Bar. We have jurisdiction under article V, section 15, of the Florida Constitution.

¶2Cohen received a ninety-one-day suspension from the practice of law for engaging in fraudulent conduct. The Florida Bar v. Cohen, 534 So.2d 392 (Fla.1988). The suspension was to commence on November 21, 1988, and reinstatement was conditioned upon proof of rehabilitation. Cohen filed his petition for reinstatement on February 24, 1989, and a hearing on the matter was held July 19, 1989.

¶3At the hearing the referee found that rehabilitation was not satisfactorily shown. The referee concluded that Cohen had: (1) attended a deposition and negotiated with another attorney concerning the settlement of a pending case while on suspension; (2) failed to remove his name from his office building while on suspension; (3) failed to notify his clients that he had been suspended; and (4) showed no genuine sense of remorse for the misconduct which led to his suspension.

¶4The burden is on Cohen to establish that he is entitled to resume the privilege of practicing law without restrictions. In re: Petition of Dawson, 131 So.2d 472 (Fla.1961). Cohen contends that he only attended the deposition as an observer. He says that his failure to remove his name from the building was an oversight. He also points to the testimony of several witnesses who said that he is of good moral character and demonstrable professional ability and integrity.

¶5To support reversal of the referee’s report, Cohen must show that the report is unsupported by the evidence. In re Williams, 538 So.2d 836, 837 (Fla.1989). After careful consideration of the referee’s report, the record, and the briefs of the parties, we find that Cohen has failed to meet this burden. We approve the referee’s report.

¶6Accordingly, Cohen’s petition for reinstatement is denied. Judgment for costs in the amount of $909 is hereby entered against Cohen, for which sum let execution issue.

¶7It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
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