The Florida Bar v. Bailey
Supreme Court of Florida
803 So. 2d 683 (2001)
Attorney F. Lee Bailey (defendant) negotiated a plea deal for client Claude Duboc that required forfeiting assets to the government in exchange for leniency and payment of Bailey's fees. Bailey proposed segregating Duboc's stock, planning to later argue its appreciation shouldn't be forfeited, and Duboc turned the stock over to Bailey to liquidate and transfer the proceeds to the government. Instead, Bailey deposited the sale proceeds into his own bank account rather than a client trust account, delayed transferring the funds to the government by nearly a month, and spent part of the proceeds on personal expenses. The Florida Bar (plaintiff) charged Bailey with multiple counts of misconduct; a referee found him guilty on most counts and recommended permanent disbarment, and Bailey sought review.
Whether an attorney is required to safeguard client assets in a separate trust account and is barred from commingling those assets with personal funds or spending them on personal expenses.