In re the Petition of Flautt
| Docket Number: | 2003-BR-02273-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-09-2004 Opinion Author: Cobb, P.J. Holding: REINSTATEMENT GRANTED |
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| Additional Case Information: |
Topic: Bar reinstatement - Rehabilitation Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Nature of the Case: CIVIL - BAR MATTERS |
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| Note: | Petition of David E. Flautt for Reinstatement to the Practice of Law and Readmission to The Mississippi Bar, granted. | |
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Bar reinstatement - Rehabilitation |
| Summary of the Facts: | David Flautt was suspended from the practice of law for three years for misconduct involving the commingling and misuse of trust account funds. He has now filed a petition seeking reinstatement. |
| Summary of Opinion Analysis: | The petitioner seeking reinstatement carries the burden of proving that he has rehabilitated himself and established the requisite moral character to entitle him to the privilege of practicing law. Flautt readily acknowledged the commingling and misuse of trust account funds in three instances, totaling approximately $75,000, and expressed regret and contrition for his misconduct. Flautt has restored all funds to his clients and has made full amends. Flautt has joined the First Presbyterian Church of Oxford and regularly participates in a men’s prayer breakfast and bible study group. He has become one of the founding members of the North Mississippi Wellness Group organized by the Mississippi Bar. His petition for reinstatement is supported by letters of recommendation from bar leaders. He sat for the Multi-State Professional Responsibility Exam and achieved a scaled score of 126. He attended two Continuing Legal Education courses and regularly reads court opinions. The Mississippi Bar conditionally supports Flautt’s reinstatement to membership in the Mississippi Bar and the reissuance of his license to practice law in this State. The Court agrees with the conditions which require continued participation in an appropriate support program, and compliance with the post-reinstatement requirements of the Complaint Tribunal but declines to impose the conditions regarding taking the complete bar examination, obtaining further physical and psychological examinations, and inviting letters of recommendation from judges. |
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