The Florida Bar, Complainant v. Peter M. MacNamara, Respondent

Summary

The court approved the referee’s factual findings and recommendations that MacNamara violated the rules governing communication, candor toward the Bar, and dishonesty, including by misrepresenting the status of an estate tax return to the IRS, the probate court, and the Bar. Although the court rejected proof that MacNamara fabricated the IRS cover letter and declined to find a dishonest motive for the untimely filing itself, it held that his repeated misrepresentations warranted a ninety-day suspension followed by two years of probation and related conditions. Justice Canady, concurring in part and dissenting in part, would have imposed a one-year suspension because the misconduct was a prolonged cover-up causing actual harm.