The Florida Bar v. Phillip J. Brutus

We have for review a referee’s report recommending that Respondent, Phillip J. Brutus, be found guilty of professional misconduct in violation of the Rules Regulating the Florida Bar (Bar Rules) and suspended from the practice of law for ninety days, followed by one year on probation. We have jurisdiction. See art. V, § 15, Fla. Const. We approve the referee’s findings of fact and recommendations as to guilt. As discussed in this opinion, we disapprove the referee’s finding, as an aggravating factor, that Brutus’s misconduct in this ease was the result of a dishonest or selfish motive.…