Criminal Justice Ethics in March Case Study

The most disputed issue in this case had to do with a trust that was created with the transfer of the Biochem stock from Duboc to Bailey. The Bar contended that the plea agreement with the U.S.

Government afforded that Bailey was to hold the stock in trust for the profit of the U.S. Government. Bailey would utilize the stock to uphold and liquidate Duboc's properties. After this was taken care of, the stock or its substitute resources would be handed over to the United States in order to take full advantage of any advantage to Bailey's client for his cooperation. Bailey would have been okay if this is what he had truly done, but it wasn't. Instead he transferred the money into his own personal account and used it to pay business and personal expenses.

Florida Bar rule 4-1.15 says that "a lawyer shall hold in trust, separate from the lawyer's own property, funds and property of clients or third persons that are in a lawyer's possession in connection with a representation. All funds, including advances for costs and expenses, shall be kept in a separate account maintained in the state where the lawyer's office is situated or elsewhere with the consent of the client or third person, provided that funds may be separately held and maintained other than in a bank account if the lawyer receives written permission from the client to do so and provided that such written permission is received prior to maintaining the funds other than in a separate bank account.In no event may the lawyer commingle the client's funds with those of the lawyer or those of the lawyer's law firm." It is very clear that Bailey violated this rule and thus should have been disbarred for his conduct.

References

Criminal Justice Section Standards. (n.d.). Retrieved from http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_dfunc_blkold.html

The Florida Bar v. F. Lee Bailey. (2001). Retrieved from http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBUQFjAA&url=http%3A

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