Florida Bar v. Fussell

Following a grievance complaint filed by The Florida Bar, the appointed referee recommended that the respondent be found *69guilty of a violation of Disciplinary Rule 2-110(A)(3) of the Florida Bar Code of Professional Responsibility.1

Mr. Fussell did return unearned fees to his former client, but he was several months late in doing so. For this dereliction of his responsibilities the referee recommended a public reprimand. The record supports the referee’s recommendation and it is adopted.

Unearned fees do not belong to a lawyer when the attorney-client relationship ends. The lawyer has no…