IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, Complainant, v. Case No. SC08-1747 [TFB Case Nos. 2008-30,285(09C); 2008-30,351(09C); 2008-30,387(09C); 2008-30,479(09C); 2008-30,887(09C)] JERONA CHARMAINE MAIYO, Respondent. / REPORT OF REFEREE I. Summary of Proceedings: Pursuant to the undersigned being duly appointed as referee to conduct disciplinary proceedings herein according to the Rules Regulating The Florida Bar, a hearing was held on December 15, 2008. The pleadings, notices, motions, orders, transcripts and exhibits, all of which are forwarded to The Supreme Court of Florida with this report, constitute the record in this case. The following attorneys appeared as counsel for the parties: For The Florida Bar - Frances R. Brown-Lewis For The Respondent - No appearance II. Findings of Fact as to Each Item of Misconduct of Which the Respondent Is Charged: After considering all the pleadings and evidence, pertinent portions of which are commented on below, this referee finds: 1. On December 31, 2007, respondent was deemed a delinquent member and administratively suspended as a result of her failure to comply with her continuing legal education requirements.
COUNT I [TFB Case No. 2008-30,285(09C)] 2. On August 30, 2007, The Florida Bar served respondent at her record bar address with the first notice of a grievance filed against her by Gladys Viker Oliver. 3. Respondent failed to make a written response despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she do so. 4. The Florida Bar served respondent at her record bar address on September 24, 2007, by certified mail, return receipt requested, with a second notice of Ms. Oliver s grievance. 5. Respondent s agent, Lorena Perez, signed the return receipt card on October 11, 2007. 6. Respondent failed to make a written response despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she do so. 7. Thereafter, all correspondence sent to respondent at her record bar address was returned by the United States Postal Service as being unclaimed and not forwardable. 8. Respondent did not inform the Executive Director of The Florida Bar of any change in her record bar address as required by R. Regulating Fla. Bar 1-3.3. COUNT II [TFB Case No. 2008-30,351(09C)] 9. Cameo J. Dixon hired respondent on or about January 29, 2007, to represent him on violation of probation charges. 10. Mr. Dixon paid respondent approximately $1,200.00 to handle the matter. 11. Respondent failed to appear at the June 18, 2007, court proceeding in Mr. Dixon s case. 2
12. Thereafter, Mr. Dixon was unable to contact respondent. 13. Respondent took no further action in Mr. Dixon s case and moved or closed her law office without advising him and without taking steps to protect his interests. 14. Respondent did not file a motion to withdraw from Mr. Dixon s case nor did she notify the court of her inability to continue the representation. 15. The court found it necessary to appoint the Office of the Public Defender to represent Mr. Dixon in August 2007 so that his case could go forward. 16. The Florida Bar served respondent at her record bar address on September 4, 2007, with the first notice of Mr. Dixon s grievance against her. 17. Despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she make a written response, respondent failed to do so. 18. The Florida Bar served respondent at her record bar address on October 10, 2007, by certified mail, return receipt requested, with the second notice of Mr. Dixon s grievance. 19. Respondent s agent Lorena Perez signed the return receipt card on October 11, 2007. 20. Despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she make a written response, respondent failed to do so. 21. Thereafter, all correspondence sent to respondent at her record bar address was returned by the United States Postal Service as being unclaimed and not forwardable. COUNT III [TFB Case No. 2008-30,387(09C)] 22. In or around 2007, respondent represented Richard Cancel and Laurie Williams in defending an eviction matter brought against them by Cal-Am Properties, Inc. 3
23. The parties settled the matter and funds were deposited to the registry of the court for payment upon order of the court. 24. Opposing counsel sent respondent a stipulation for dismissal for execution. 25. Respondent failed to return the stipulation for dismissal or communicate further with opposing counsel. 26. After being unable to contact respondent, opposing counsel set the matter for hearing on August 22, 2007, and mailed respondent a notice of the hearing on or about August 10, 2007. 27. Opposing counsel mailed the notice of hearing to respondent s record bar address that she had used throughout the proceedings. The notice was returned to opposing counsel as being undeliverable. 28. Opposing counsel called respondent and left a message advising her of the hearing date and time. 29. Respondent failed to appear for the hearing on August 22, 2007. She did not send alternate counsel in her stead. 30. As a result of respondent s failure to communicate with opposing counsel, failure to return the stipulation for dismissal and failure to appear at the August 22, 2007, hearing, the court issued an order to show cause on September 16, 2007, directing respondent to appear on September 27, 2007. 31. Respondent failed to appear at the September 27, 2007, show cause hearing. 32. As a result, on October 2, 2007, the court entered an order removing respondent as counsel for Mr. Cancel and Ms. Williams. 33. Respondent s abandonment of Mr. Cancel and Ms. Williams resulted in an unnecessary delay in concluding their case. 34. Respondent moved or closed her law office without advising Mr. Cancel and Ms. Williams and without taking steps to protect their interests. 4
35. The Florida Bar served respondent at her record bar address on September 11, 2007, with the first notice of its investigation into this matter. 36. Despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she make a written response, respondent failed to do so. 37. The Florida Bar served respondent at her record bar address on October 8, 2007, by certified mail, return receipt requested, with the second notice of its investigation into this matter. 38. Respondent s agent whose name appears to be Jose Flantg signed the return receipt card on October 10, 2007. 39. Despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she make a written response, respondent failed to do so. 40. Thereafter, all correspondence sent to respondent at her record bar address was returned by the United States Postal Service as being unclaimed and not forwardable. COUNT IV [TFB Case No. 2008-30,479(09C)] 41. Lumari Torres hired respondent on or about May 22, 2005, to handle a custody and child support matter. 42. Ms. Torres paid respondent approximately $2,250.00. 43. Respondent failed to maintain adequate communication with Ms. Torres throughout the representation. 44. After the parties participated in an unsuccessful mediation on December 15, 2005, respondent took no further meaningful action in the matter. 45. Respondent s last communication with Ms. Torres was April 2006 when Ms. Torres paid her $500.00. 46. The court scheduled the case for a case management conference on May 7, 2007. 5
47. Respondent failed to advise the court of any change in her address and, as a result, the notice of case management conference filed on March 30, 2007, was returned by the United States Postal Service. 48. Respondent failed to appear for the May 7, 2007, case management conference. 49. On May 7, 2007, the court entered an order dismissing Ms. Torres case for failure to prosecute. 50. Respondent did not advise Ms. Torres of the dismissal of her case. 51. Respondent abandoned Ms. Torres case without advising her to seek new counsel and without taking steps to protect Ms. Torres interests. 52. Respondent moved or closed her law office without advising Ms. Torres and without taking steps to protect her interests. 53. The Florida Bar served respondent at her record bar address on September 20, 2007, with the first notice of Ms. Torres grievance against her. 54. Despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she make a written response, respondent failed to do so. 55. The Florida Bar served respondent at her record bar address on October 24, 2007, by certified mail, return receipt requested, with the second notice of Ms. Torres grievance against her. 56. Respondent s agent Lorena Perez signed the return receipt card on October 25, 2007. 57. Despite the requirements of R. Regulating Fla. Bar 4-8.4(g) that she make a written response, respondent failed to do so. 58. Thereafter, all correspondence sent to respondent at her record bar address was returned by the United States Postal Service as being unclaimed and not forwardable. 6
COUNT V [TFB Case No. 2008-30,887(09C)] 59. On October 12, 2007, respondent was deemed a delinquent member of The Florida Bar as a result of her failure to pay her annual membership fees and was administratively suspended from the practice of law. 60. On November 9, 2007, respondent appeared before a judicial hearing officer on behalf of client Calvin Powers for the purpose of arguing respondent s pending motion for contempt in Mr. Power s child support case. 61. During the November 9, 2007, hearing, opposing counsel advised the judicial hearing officer that he had been unable to contact respondent to discuss the matter because respondent s telephone had been disconnected. 62. The hearing officer immediately checked respondent s official membership information with The Florida Bar and learned that respondent was not a member in good standing eligible to engage in the practice of law. 63. When the hearing officer advised respondent of her suspended status, respondent assured him she would have the problem quickly resolved. 64. The hearing officer determined Mr. Power s case could not go forward that day and continued the matter. 65. Respondent paid her annual membership fees on November 20, 2007, and was administratively reinstated. 66. On December 31, 2007, respondent was deemed a delinquent member as a result of her failure to complete her continuing legal education requirements and respondent was administratively suspended. 67. On February 28, 2008, respondent was deemed a delinquent member as a result of her failure to complete the basic skills requirement course and was administratively suspended. 68. At an unknown date, respondent moved from her record bar address of 6996 Piazza Grande Avenue, Suite 309, Orlando, Florida 32835-8756 without advising the Executive Director of The Florida Bar of her new record bar address as required by R. Regulating Fla. Bar 1-3.3. Respondent did not inform the 7
hearing officer or opposing counsel in the Powers matter that she was changing her address. 69. As of August 6, 2008, respondent s record bar address remained unchanged. 70. The Florida Bar served respondent at her record bar address on November 29, 2007, with the first notice of its investigation into this matter. 71. The bar s November 29, 2007, letter was returned by the United States Postal Service as being unclaimed and not forwardable. 72. Respondent failed to make a written response as required by R. Regulating Fla. Bar 4-8.4(g). 73. On December 20, 2007, The Florida Bar served respondent at her record bar address by certified mail, return receipt requested, with the second notice of its investigation into this matter. 74. The bar s December 20, 2007, letter was returned by the United States Postal Service as being not deliverable as addressed and not forwardable. 75. Respondent failed to make a written response as required by R. Regulating Fla. Bar 4-8.4(g). 76. The bar learned of an alternative address for respondent, 555 Bellhaven Falls Drive, Ocoee, Florida 34761-3362, and a staff investigator personally interviewed her at said address on November 6, 2007. All correspondence sent to respondent at this alternative address has been returned by the United States Postal Service as being unclaimed and not forwardable. 77. On January 16, 2008, the bar advised respondent by letter sent to her alternative address of 555 Belhaven Falls Drive, Ocoee, Florida 34761-3362, that she needed to update her record bar address as soon as possible. The letter was returned by the United States Postal Service as being undeliverable as addressed and not forwardable. III. Recommendations as to Whether the Respondent Should Be Found Guilty: As to each count of the complaint, this referee makes the following recommendations as to guilt or innocence: 8
COUNT I [TFB Case No. 2008-30,285(09C)] I recommend respondent be found guilty and specifically that she be found guilty of violating the following Rules Regulating The Florida Bar: 1-3.3 Each member of The Florida Bar shall designate an official bar name, mailing address, and business telephone number. If the address given is not the physical location or street address of the principal place of employment, then such information shall also be given. Each member shall promptly notify the executive director of any changes in any information required by this rule; 4-8.4(g)(1) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors; and 4-8.4(g)(2) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of governors. COUNT II [TFB Case No. 2008-30,351(09C)] I recommend respondent be found guilty and specifically that she be found guilty of violating the following Rules Regulating The Florida Bar: 4-1.3 A lawyer shall act with reasonable diligence and promptness in representing a client; 4-1.4(a)(1) A lawyer shall promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in terminology, is required by these rules; 4-1.4(a)(2) A lawyer shall reasonably consult with the client about the means by which the client's objectives are to be accomplished; 4-1.4(a)(3) A lawyer shall keep the client reasonably informed about the status of the matter; 4-1.4(a)(4) A lawyer shall promptly comply with reasonable requests for information; 4-1.4(a)(5) A lawyer shall consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law; 4-1.4(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; 4-8.4(d) A lawyer shall not engage in 9
conduct in connection with the practice of law that is prejudicial to the administration of justice; 4-8.4(g)(1) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors; and 4-8.4(g)(2) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of governors. COUNT III [TFB Case No. 2008-30,387(09C)] I recommend respondent be found guilty and specifically that she be found guilty of violating the following Rules Regulating The Florida Bar: 4-1.3 A lawyer shall act with reasonable diligence and promptness in representing a client; 4-1.4(a)(1) A lawyer shall promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in terminology, is required by these rules; 4-1.4(a)(2) A lawyer shall reasonably consult with the client about the means by which the client's objectives are to be accomplished; 4-1.4(a)(3) A lawyer shall keep the client reasonably informed about the status of the matter; 4-1.4(a)(4) A lawyer shall promptly comply with reasonable requests for information; 4-1.4(a)(5) A lawyer shall consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law; 4-1.4(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; 4-3.2 A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client; 4-3.4(c) A lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; 4-8.4(g)(1) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors; and 4-8.4(g)(2) A lawyer shall not fail to respond, in writing, to any official inquiry 10
by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of governors. COUNT IV [TFB Case No. 2008-30,479(09C)] I recommend respondent be found guilty and specifically that she be found guilty of violating the following Rules Regulating The Florida Bar: 4-1.3 A lawyer shall act with reasonable diligence and promptness in representing a client; (4-1.4)(a)(2005) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information; 4-1.4(b)(2005) A lawyer shall explain a matter to the extent reasonably necessary for a client to make informed decisions regarding the representation; 4-1.4(a)(1) A lawyer shall promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in terminology, is required by these rules; 4-1.4(a)(2) A lawyer shall reasonably consult with the client about the means by which the client's objectives are to be accomplished; 4-1.4(a)(3) A lawyer shall keep the client reasonably informed about the status of the matter; 4-1.4(a)(4) A lawyer shall promptly comply with reasonable requests for information; 4-1.4(a)(5) A lawyer shall consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law; 4-1.4(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; 4-1.16(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interest, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee or expense that has not been earned or incurred; 4-8.4(d) A lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice; 4-8.4(g)(1) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors; and 4-8.4(g)(2) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or 11
a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of governors. COUNT V [TFB Case No. 2008-30,887(09C)] I recommend respondent be found guilty and specifically that she be found guilty of violating the following Rules Regulating The Florida Bar: 4-8.4(g)(1) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors; 4-8.4(g)(2) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of governors. IV. Rule Violations Found: Count I [TFB Case No. 2008-30,285(09C)] - 1-3.3; 4-8.4(g)(1); and 4-8.4(g)(2). Count II [TFB Case No. 2008-30,351(09C)] - 4-1.3; 4-1.4(a)(1); 4-1.4(a)(2); 4-1.4(a)(3); 4-1.4(a)(4); 4-1.4(a)(5); 4-1.4(b); 4-8.4(d); 4-8.4(g)(1); and 4-8.4(g)(2). Count III [TFB Case No. 2008-30,387(09C)] - 4-1.3; 4-1.4(a)(1); 4-1.4(a)(2); 4-1.4(a)(3); 4-1.4(a)(4); 4-1.4(a)(5); 4-1.4(b); 4-3.2; 4-3.4(c); 4-8.4(g)(1); and 4-8.4(g)(2). Count IV [TFB Case No. 2008-30,479(09C)] - 4-1.3; 4-1.4(a)(2005); 4-1.4(b)(2005); 4-1.4(a)(1); 4-1.4(a)(2); 4-1.4(a)(3); 4-1.4(a)(4); 4-1.4(a)(5); 4-1.4(b); 4-1.16(d); 4-8.4(d); 4-8.4(g)(1); and 4-8.4(g)(2). Count V [TFB Case No. 2008-30,887(09C)] - 4-8.4(g)(1); and 4-8.4(g)(2). V. Recommendation as to Disciplinary Measures to Be Applied: I recommend respondent be disbarred from the practice of law. In making my recommendation, I have considered the following Florida Standards for Imposing Lawyer Sanctions in aggravation and mitigation: 9.22 Aggravating Factors (a) Prior disciplinary offenses as set forth more fully below. 12
(b) Dishonest or selfish motive. Respondent took legal fees and then abandoned her clients without refunding any of the unearned fees. One client, Lumari Torres, was harmed by the dismissal of her case due to respondent s failure to prosecute the matter. (c) Pattern of misconduct. Respondent engaged in an ongoing course of conduct that is similar to that for which she was suspended for 30 days. (d) Multiple offenses. There are five separate cases combined herein. (e) Bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or order of the disciplinary agency. Respondent has shown no interest in participating in these proceedings. She did not advise the bar of any changes in her record bar address, failed to make any meaningful responses to the bar s investigative inquires even after the bar s staff investigator tracked down her home address and went to her home to personally interview her. Respondent has abandoned her law office and her present whereabouts are unknown. (j) Indifference to making restitution. Respondent has not refunded any of the unearned fees to the clients she abandoned. 9.32 Mitigating factors (c) Personal or emotional problems. (f) Inexperience in the practice of law. Respondent was not admitted to the practice of law until 2001. I have considered the following Florida Standards for Imposing Lawyer Sanctions: 4.1 Failure to Preserve the Client's Property 4.11 Disbarment is appropriate when a lawyer intentionally or knowingly converts client property regardless of injury or potential injury. 4.4 Lack of Diligence 4.41 Disbarment is appropriate when: 13
(a) a lawyer abandons the practice and causes serious or potentially serious injury to a client; or (b) a lawyer knowingly fails to perform services for a client and causes serious or potentially serious injury to a client; or (c) a lawyer engages in a pattern of neglect with respect to client matters and causes serious or potentially serious injury to a client. 7.0 Violations of Other Duties Owed as a Professional 7.1 Disbarment is appropriate when a lawyer intentionally engages in conduct that is a violation of a duty owed as a professional with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a client, the public or the legal system. I have considered the following case law: The Florida Bar v. Ribowsky-Cruz, 529 So. 2d 1100 (Fla. 1988) Disbarment for agreeing to provide representation to clients, accepting fees, failing to provide services thereafter, and abandoning her law practice without notice to her clients and without refunding the fees paid. The attorney took no steps to protect her clients and did not provide either her clients or the bar with a means by which she could be contacted. The Florida Bar v. Valentine-Miller, 974 So. 2d 333 (Fla. 2008) Disbarment for engaging in multiple acts of neglect, misrepresenting case status to clients, failing to communicate with clients, abandoning her law practice, and misappropriating client funds. In aggravation, there was a pattern of misconduct, there were multiple violations, and the clients were vulnerable in that the attorney failed to return the necessary records to them so that they could hire new counsel. In mitigation, the attorney suffered from serious substance abuse and mental health problems, had no prior disciplinary history, was remorseful, and engaged in interim rehabilitation. The Supreme Court of Florida found that there was no valid reason for taking client funds held in trust or for completely abandoning clients and that disbarment is warranted in such cases even in light of mitigation such as substance abuse and rehabilitation. 14
The Florida Bar v. Weil, 575 So. 2d 202 (Fla. 1991) 6 month suspension for practicing law while administratively suspended for nonpayment of annual membership fees and for failing to participate in the bar disciplinary proceedings. In aggravation, the attorney had a prior disciplinary history. The Supreme Court of Florida specifically rejected the referee s recommendation of disbarment based on the attorney s failure to participate in the disciplinary proceedings. The Florida Bar v. Roberts, 789 So. 2d 285 (Fla. 2001) 90 day suspension for practicing law while administratively suspended for being delinquent in complying with continuing legal education requirements. VI. Personal History and Past Disciplinary Record: After the finding of guilt and prior to recommending discipline to be recommended pursuant to Rule 3-7.6(m)(1)(D), this referee considered the following personal history and prior disciplinary record of the respondent, to wit: Age: 33 Date admitted to bar: June 21, 2001 Prior disciplinary convictions and disciplinary measures imposed therein: The Florida Bar v. Maiyo, 956 So. 2d 457 (Fla. 2007) - Pursuant to a Consent Judgment for Conditional Guilty Plea for Consent Judgment, respondent was suspended for 30 days with a 3 year period of probation conditioned on Florida Lawyers Assistance, Inc., and LOMAS evaluations. Respondent shared legal fees with her nonlawyer employee, failed to pay employee withholding taxes, and failed to maintain a trust account leading to commingling. Once she opened a trust account after being advised by the bar to do so, respondent failed to maintain her trust account in substantial minimum compliance with the rules. Respondent also engaged in advertising that violated the rules, engaged in minor neglect, failed to maintain adequate communication with clients and failed to timely respond to the bar s investigative inquiries. Additionally, respondent practiced law while administratively suspended for failing to satisfy her continuing legal education requirements, an act of misconduct she repeated in this present matter. VII. Statement of Costs and Manner in Which Costs Should be Taxed: this referee finds the following costs were reasonably incurred by The Florida Bar. A. Administrative Costs $ 1,250.00 15
B. Bar Travel Costs $ 58.94 Court Reporter Appearance Cost $ 60.00 C. Miscellaneous Costs 1. Investigator Expenses $ 494.08 2. Copy Costs $ 18.75 TOTAL ITEMIZED COSTS: $ 1,881.77 It is apparent that other costs have or may be incurred. It is recommended that all such costs and expenses together with the foregoing itemized costs be charged to the respondent, and that interest at the statutory rate shall accrue and be payable beginning 30 days after the judgment in this case becomes final unless a waiver is granted by the Board of Governors of The Florida Bar. It is further recommended that respondent shall be deemed delinquent and ineligible to practice law pursuant to R. Regulating Fla. Bar 1-3.6 for failure to timely pay the costs assessed in this proceeding. Dated this day of, 2009. Original to Supreme Court with Referee's original file. Copies of this Report of Referee only to: ROBERT L. WILLIAMS, JR., Referee Frances R. Brown-Lewis, Bar Counsel, The Florida Bar, 1200 Edgewater Drive, Orlando, Florida, 32804-6314 Jerona Charmaine Maiyo, Respondent, 6996 Piazza Grande Ave., Suite 309, Orlando, Florida 32835-8756 and 555 Bellhaven Falls Drive, Ocoee, Florida 34761-3362 Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300 H:\CASES\Maiyo.jc\SC08-1747\Pleadings\REPORT OF REFEREE.doc 16
JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR THE FLORIDA BAR 1200 EDGEWATER DRIVE ORLANDO, FL 32804-6314 LAWYER REGULATION DEPARTMENT 407/425-5424 UPL DEPARTMENT 407/425-0473 WWW.FLABAR.ORG December 29, 2008 The Honorable Robert L. Williams, Jr. Polk County Courthouse P. O. Box 9000, Drawer J 159 Bartow,, FL 33831-9000 RE: The Florida Bar v. Jerona Charmaine Maiyo Supreme Court Case No. SC08-1747 [TFB Case Nos. 2008-30,285(09C); 2008-30,351(09C); 2008-30,387(09C); 2008-30,479(09C); 2008-30,887(09C)] Dear Judge Williams: Please find enclosed a proposed Report of Referee in the above named case, as requested. Please note that your entire file including an Index must be forwarded to the Supreme Court of Florida along with your signed order. The Supreme Court of Florida also requires your final Report of Referee to be e-filed with them at e-file@flcourts.org with the case number shown on the subject line. Copies of the Report of Referee only for respondent and myself, as well as our headquarters office, are also enclosed with self-addressed stamped envelopes. Please do not hesitate to contact me should you have any questions or comments. Sincerely yours, Frances R. Brown-Lewis Bar Counsel FRBL/gd Enclosures cc: Jerona Charmaine Maiyo - w/enclosures
The Honorable Robert L. Williams, Jr. Polk County Courthouse P. O. Box 9000, Drawer J 159 Bartow,, FL 33831-9000
Frances R. Brown-Lewis The Florida Bar 1200 Edgewater Drive Orlando, FL 32804
Jerona Charmaine Maiyo 6996 Piazza Grande Ave., Ste. 309 Orlando, FL 32835-8756
Jerona Charmaine Maiyo 6996 Piazza Grande Ave., Ste. 309 Orlando, FL 32835-8756