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Florida Disbars F. Lee Bailey Over Stock Funds
By THE NEW YORK TIMES
ALLAHASSEE, Fla., Nov. 21 ‹ F. Lee Bailey, the lawyer who gained fame nearly
40 years ago for his defense of Dr. Sam Sheppard, was disbarred today in
Florida.
Citing his mishandling of stock forfeited by a drug-smuggling client, the
Florida Supreme Court unanimously ruled that Mr. Bailey may not practice law
in the state for at least five years. The court called his conduct egregious
and evidence of a "complete disregard for the rules governing attorneys."
Mr. Bailey, part of the so-called "dream team" that represented O. J.
Simpson in his murder trial, was found to have misappropriated money earned
from the stocks. The court also ruled that he had kept the stocks despite a
federal court order to relinquish them, that he had lied to a federal judge
and that he had put his financial interests above those of his client.
The complaints were brought in 1999 by the Florida Bar, after Mr. Bailey's
defense of Claude Duboc from 1994 to 1996. Mr. Bailey had said money he
earned from nearly $6 million of stock that had belonged to Mr. Duboc was
payment for his services. But the Florida Bar contended that Mr. Bailey knew
all along that he was given control of the stocks with an understanding that
they would be turned over to the federal government.
"I'm very pleased with the decision," said David Ristoff, a lawyer for the
bar group who pursued the case against Mr. Bailey. "The Supreme Court
decision is based on overwhelming evidence against him that he engaged in
theft, conflict of interest and misrepresenting his client, which are the
most serious things lawyers can engage in."
Mr. Bailey did not return a telephone call to his law office in West Palm
Beach. A lawyer who represented him before the Supreme Court, Beverly Pohl,
said her client could decide to appeal the case to the United States Supreme
Court.
"We are obviously disappointed," Ms. Pohl said. "But we have no idea if we
will do that or not."
The seven judges decided against permanent disbarment, as had been
recommended by a judge in Collier County who conducted disciplinary
proceedings last year.
Mr. Bailey has to wait at least five years before he can reapply to practice
law here. To be readmitted, Mr. Bailey has to retake the bar examination and
be cleared in a background and character review.
The court gave Mr. Bailey 30 days to close his law practice.
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