Florida Bar v. Dunagan
Supreme Court of Florida
731 So. 2d 1237 (1999)
Attorney Dunagan (defendant) represented both William and Paula Leucht in acquiring a restaurant business, later mistakenly omitting Mrs. Leucht as an owner and subsequently representing Mr. Leucht as the business's sole owner. Dunagan sent a letter to local police describing Mr. Leucht as sole owner and warning of possible conflict with terminated employees, then, days later, filed a divorce petition on Mr. Leucht's behalf without seeking Mrs. Leucht's consent; shortly after, Mrs. Leucht was told she could not enter the restaurant, went anyway, and was arrested. The divorce court ultimately split the restaurant equally between the couple, Mrs. Leucht sued Dunagan for malpractice, and the Florida Bar (plaintiff) brought a disciplinary action in which a referee recommended a 90-day suspension, which Dunagan appealed.
Whether an attorney is appropriately disciplined with a 90-day suspension for commencing representation of a husband in a divorce without the wife's consent despite having jointly represented both spouses, and for disclosing personal information about the wife to authorities that contributed to her arrest.