The Florida Bar v. Hanry I. Smyler

SC06-432

In a disciplinary case against Mr. Smyler, the judge acting as a referee has recommended permanent disbarment. In 2005, this Court allowed Mr. Smyler to resign while a disciplinary action was pending with leave to apply for readmission in five years. As part of that order, Mr. Smyler was required to provide The Florida Bar with an audit of his trust account within 90 days. However, he was unable to find all the records needed for the audit. The Bar then filed a petition for contempt seeking disbarment. Mr. Smyler argues permanent disbarment is too harsh because he did not intend to violate the Court's order. He also cites his poor health as a mitigating factor.