From Here To Paternity
The Florida Supreme Court has ordered a three-year suspension of an attorney who had fathered a criminal client’s child.
From the complaint filed by the Bar that was initiated by the client’s mother
Ms. Nixon alleged that following her daughter’s release from jail, and during the representation, respondent engaged in a sexual relationship with Ms. Nixon’s daughter and ultimately fathered her child.
From the onset of the legal representation, respondent was aware that Ms. Nixon’s daughter had a history of abusing drugs and continued to use drugs when not incarcerated.
Furthermore, during the criminal proceedings in which respondent represented Ms. Nixon’s daughter, respondent alleged that she was incompetent to proceed to trial.
On or about February 21, 2018, respondent filed a motion on behalf of Ms. Nixon’s daughter alleging that his client was “incapable of assisting her attorney in the preparation for and trial of her case” and alleging that she “has a long history of mental illness.”
In March 2019, while respondent remained counsel of record for Ms. Nixon’s daughter in 49-2017-CF-00369, Ms. Nixon’s daughter gave birth to a child and gave the child respondent’s last name.
He admitted that the child was given his last name but “claimed he was not involved”
Respondent subsequently admitted that he had sex with Ms. Nixon’s daughter while he was her counsel of record in an Osceola County, Florida criminal case, but maintained that the relationship in no way compromised his ability to represent the daughter.
However, during his sworn statement in the bar proceeding, respondent testified that he revealed compromising information after he began representing Ms. Nixon’s daughter. Respondent stated, “I put the word out that [Ms. Nixon’s daughter] was an informant in Daytona Beach, and I – and when she would walk into a place, like a drug – some type of drug place, people would scatter like roaches. ‘Cause I put the word out that she was an informant, so nobody would deal with her.”
(Mike Frisch)