IN THE SUPREME COURT OF FLORIDA (Before a Referee)

Similar documents
IN THE SUPREME COURT OF FLORIDA (Before a Referee)

THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) No. SC Complainant, The Florida Bar File v. No ,577(17J) REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) AMENDED REPORT OF REFEREE (As to Font Type Only)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) No. SC Complainant, The Florida Bar File v. No ,295(11L) REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. The following attorneys appeared as counsel for the parties:

IN THE SUPREME COURT OF FLORIDA (Before a Referee) Complainant, Case No. SC v. TFB File No ,500(1A)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) [TFB Nos ,980(07B); v ,684(07B)]

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA. (Before a Referee) Case No.: SC v. TFB File No.: ,037(07A)(OSC)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) [TFB Case Nos ,723(18C); v ,444(18C); ,872(18C)] REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA. TFB File No ,427(8B) REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. December 10, Thereafter, the Chief Judge of the Fifteenth Judicial Circuit

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

SUPREME COURT OF FLORIDA Before a Referee

IN THE SUPREME COURT OF FLORIDA (Before A Referee) v. The Florida Bar File No ,674(15D)FFC JAMES HARUTUN BATMASIAN, REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before A Referee) No. SC Complainant, v. The Florida Bar File No ,593(15F) DAVID GEORGE ZANARDI

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. The Florida Bar File No ,571(15F) ROBERT BRIAN BAKER, REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. No. SC Complainant, The Florida Bar File v. Nos ,011(17B) AMENDED REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

Supreme Court of Florida

Supreme Court of Florida

IN THE SUPREME COURT OF FLORIDA REPORT OF REFEREE. I. Summary of Proceedings: Pursuant to the undersigned being duly

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA. No. SC Complainant, The Florida Bar File v. No , 396 (17J) REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. I. SUMMARY OF PROCEEDINGS: Pursuant to the undersigned being

IN THE SUPREME COURT OF FLORIDA (Before a Referee) The Florida Bar File No ,076(11J) REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. Case No. SC TFB No ,261(13D) JULIAN STANFORD LIFSEY REPORT OF THE REFEREE

} } } } } } } } } } } REPORT OF REFEREE. Pursuant to the undersigned s being duly appointed as Referee to conduct

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE ACCEPTING CONSENT JUDGMENT

IN THE SUPREME COURT OF FLORIDA ANSWER BRIEF

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

~/

IN THE SUPREME COURT OF FLORIDA. THE FLORIDA BAR, Case No. SC Complainant, TFB Nos ,725(13F) ,532(13F) v.

IN THE SUPREME COURT OF FLORIDA (Before a Referee) The Florida Bar File No ,165(OSC) REPORT OF REFEREE

No. SC Petitioner, The Florida Bar File v. No ,238(08B) REPORT OF THE REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. The Florida Bar File No ,249(17F) ARTHUR NATHANIEL RAZOR REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA. v. The Florida Bar File No ,252(11D-OSC) HAROLD M. BRAXTON,

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. The Florida Bar File Nos ,023(17C) ,489(17C) WILLIAM ROACH, JR.

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. I. SUMMARY OF PROCEEDINGS: Pursuant to the undersigned being duly

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA INITIAL BRIEF

Supreme Court of Florida

Supreme Court of Florida

IN THE SUPREME COURT OF FLORIDA (Before A Referee) The Florida Bar File No ,336(15D) FFC

IN THE SUPREME COURT OF FLORIDA. v. The Florida Bar File No ,684(15B) SHELLY GOLDMAN MAURICE, THE FLORIDA BAR S ANSWER BRIEF

IN THE SUPREME COURT OF FLORIDA (Before a Referee) The Florida Bar File No ,045 (11E) REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. Supreme Court Case No. SC BENJAMIN RAUL ALVAREZ, REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR Case No. SC [TFB No ,112(18B)(CRE)]

IN THE SUPREME COURT OF FLORIDA (Before A Referee)

ORIGINAL LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: SATRICA WILLIAMS-BENSAADAT NUMBER: 12-DB-046

IN THE SUPREME COURT OF FLORIDA. Complainant, SC Case No. SC

publicly reprimanded in 1994 for violations of RPC 1.3, RPC 1.4(a) and RPC 1.5(c) (failure

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS

Melissa Czartoryski appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of. before.

IN THE SUPREME COURT OF FLORIDA ANSWER AND AFFIRMATIVE DEFENSES AND MOTION FOR MORE DEFINITE STATEMENT

107 ADOPTED RESOLUTION

ResPondent was admitted to the New Jersey bar in 1983 and has been in private practice in Lake Hiawatha, Morris County.

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. The Florida Bar filed its formal complaint against respondent on or about

Supreme Court of Florida

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 119,254. In the Matter of JOHN M. KNOX, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

Supreme Court of Florida

To the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of default filed

Marc Bressler appeared on behalf of the District VIII Ethics Committee. To the Honorable Chief Justice and Associate Justices of

IN THE COURT OF APPEALS OF MARYLAND. Misc. Docket AG. No. 28. September Term, 2008 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

[SUBSECTIONS (a) AND (b) ARE UNCHANGED]

NO. 01-B-1642 IN RE: CHARLES R. ROWE ATTORNEY DISCIPLINARY PROCEEDINGS

SUPREME COURT OF LOUISIANA NO B-1208 IN RE: DOUGLAS KENT HALL ATTORNEY DISCIPLINARY PROCEEDING

LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: KEISHA M. JONES-JOSEPH NUMBER: 14-DB-035 RECOMMENDATION TO THE LOUISIANA SUPREME COURT INTRODUCTION

Supreme Court of Florida

Supreme Court of Florida

People v. Jerry R. Atencio. 16PDJ077. April 14, 2017.

Supreme Court of Florida

People v. Richard O. Schroeder. 17PDJ046. January 9, 2018.

Supreme Court of Florida

OPINION AND ORDER IMPOSING SANCTIONS

Supreme Court of Florida

Kathleen Goger appeared on behalf of the District VB Ethics Committee. To the Honorable Chief Justice and Associate Justices of

[Cite as Trumbull Cty. Bar Assn. v. Kafantaris, 121 Ohio St.3d 387, 2009-Ohio-1389.]

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

People v. Tolentino. 11PDJ085, consolidated with 12PDJ028. August 16, Attorney Regulation. The Presiding Disciplinary Judge disbarred Gregory

IN THE SUPREME COURT OF FLORIDA. No. SC Complainant, v. The Florida Bar File No ,508(17H) LARRY JAY SAFRON, RESPONDENT S INITIAL BRIEF

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter came before us on a certification of default

Timothy J. McNamara appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO OPINION

unearned retainers and converted bankruptcy estate funds to her own use.

CHAPTER 20 FLORIDA REGISTERED PARALEGAL PROGRAM SUBCHAPTER 20-1 PREAMBLE RULE PURPOSE

Deborah Fineman appeared on behalf of the District VA Ethics Committee. To the Honorable Chief Justice and Associate Justices of

LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: KEVIN MICHAEL STEEL NUMBER: 17-DB-018 RECOMMENDATION TO THE LOUISIANA SUPREME COURT INTRODUCTION

Attorney Grievance Commission v. Mark Kotlarsky, Misc. Docket No. 30, September Term Opinion by Hotten, J.

Docket No. 26,646 SUPREME COURT OF NEW MEXICO 2001-NMSC-021, 130 N.M. 627, 29 P.3d 527 August 16, 2001, Filed

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of the record

Transcription:

IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, v. Complainant, SAMUEL A. MALAT, Case No. SC07-2153 TFB File No. 2008-00,300(2A) Respondent. / REPORT OF THE REFEREE I. SUMMARY OF PROCEEDINGS Pursuant to the undersigned being duly appointed as referee to conduct disciplinary proceedings herein according to Rule 3-7.6, Rules of Discipline, the following proceedings occurred: On November 14, 2007, The Florida Bar filed its Complaint against Respondent as well as its Request for Admissions in these proceedings. Respondent never replied to The Florida Bar s Request for Admissions; on January 9, 2008 The Florida Bar filed a Motion for Summary Judgment which hearing was held on February 11, 2008. Also on February 11, 2008, a final hearing was held in this matter. All items properly filed including pleadings, recorded testimony (if transcribed), exhibits in evidence and

the report of referee constitute the record in this case and are forwarded to the Supreme Court of Florida. II. FINDINGS OF FACT A. Jurisdictional Statement. Respondent is, and at all times mentioned during this investigation was, a member of The Florida Bar, subject to the jurisdiction and Disciplinary Rules of the Supreme Court of Florida. B. Narrative Summary Of Case. In addition to membership in The Florida Bar, Respondent, had been admitted to The New Jersey Bar and was subject to the disciplinary authority of the Supreme Court of New Jersey. On June 5, 2007 the Supreme Court of New Jersey disbarred Respondent from practicing law in the state of New Jersey. The misconduct upon which the disbarment was based consists of three allegations. The first allegation of the current discipline resulted from Respondent being hired by Arthur Bailey to represent him in several legal matters, one of which was collecting rent from Mr. Bailey s tenant. Respondent never memorialized his fee in writing to Bailey, but he informed Bailey he would retain ten percent of each month s rent. From September 2001 through July 2002 Respondent received $5840 in rent. Though he was only entitled to $584, instead he paid Bailey $1116, he paid himself $3526.50 and he paid his bookkeeper $1207.50. At no time did Respondent pay 2

Bailey monthly when rent was received nor did he maintain the money received in his trust account. Additionally, Respondent did not provide distribution statements informing Mr. Bailey that disbursements were made to Respondent or Respondent s bookkeeper. Simply put: Respondent did not share information with Mr. Bailey about the lease payments received and he ignored Mr. Bailey s requests for a bill for services rendered. For this first allegation, the New Jersey Bar found Respondent guilty of violating Rules 1.1(a) (gross neglect), 1.5(b) (failure to communicate, in writing, to a client not regularly represented, the basis or rate of his fee), 1.15(a) (knowing misappropriation of client funds), 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation) and 5.3(a), (b) and (c) (responsibilities regarding non-lawyer assistant), Rules of Professional Conduct, The New Jersey Bar. The second allegation raised involved Respondent s hiring of a paralegal as the office manager of his law firm from March 1997 through October 2001. The paralegal had a criminal record for offenses that included passing bad checks, forgery and obtaining CDs by fraud or forgery. Respondent knew of this criminal history and knew that the paralegal had served time in jail, yet hired this paralegal in the office manager position which had full access to Respondent s trust and business accounts. At various times during the paralegal s employment, both he and Respondent 3

instructed office staff to draft trust account checks to cash, which were then cashed and the money was returned to either the paralegal or Respondent. Respondent took personal control of the business and trust accounts in October 2001 when he fired the paralegal. For this second allegation, Respondent was found guilty of violating Rule 1.1(a) (gross neglect), 1.15(a) (failure to safeguard client funds) and 5.3(a), (b) and (c) (failure to supervise non-lawyer assistants), Rules of Professional Conduct, The New Jersey Bar. The third count alleged arose during the investigation itself because Respondent ignored three attempts by the district ethics committee and the New Jersey Office of Attorney Ethics to obtain Respondent s reply to the grievance. When Respondent did appear in response to a demand audit, he did not bring any of the books and records from July 1, 2001 to December 31, 2002, Mr. Bailey s client file or the completed Attorney Bank Account Disclosure form, as required, though he said he would do such. For this third allegation, Respondent was found guilty of violating Rule 8.1(b) (Bar admission and disciplinary matters), Rules of Professional Conduct, The New Jersey Bar. III. RECOMMENDATIONS AS TO GUILT. I recommend that Respondent be found guilty of violating Rules 4-1.1(a) (Competence), 4-1.5(a) (Fees and Costs for Legal Services; Illegal, Prohibited, or 4

Clearly Excessive Fees and Costs), 4-1.15 (Safekeeping Property), 4-5.3(a), (b) and (c) (Responsibilities Regarding Non-lawyer Assistants), Rule 4-8.1(b) (Bar Admission and Disciplinary Matters; Failure to Disclose), and 4-8.4(c) (Misconduct; Dishonesty, Fraud, Deceit or Misrepresentation) of the Rules of Professional Conduct of The Florida Bar. IV. RECOMMENDATION AS TO DISCIPLINARY MEASURES TO BE APPLIED I recommend that Respondent be found guilty of misconduct justifying disciplinary measures, and that he be disciplined by: A. Disbarment. B. Payment of The Florida Bar's costs in these proceedings. V. PERSONAL HISTORY, PAST DISCIPLINARY RECORD AND AGGRAVATING AND MITIGATING FACTORS following: Prior to recommending discipline pursuant to Rule 3-7.6(m)(1), I considered the A. Personal History of Respondent: Age: 47 years old Date admitted to the Bar: April 25, 1991 B. Aggravating Factors: 9.22(b) dishonest or selfish motive; 5

9.22(c) 9.22(e) a pattern of misconduct; bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency; 9.22(h) 9.22(i) vulnerability of victim; and substantial experience in the practice of law. Prior Discipline: None in Florida; however there are six previous cases in New Jersey in which Respondent received two public reprimands (2002), two consecutive 3-month suspensions (2003), an admonishment (2006) and a six-month suspension (2006). C. Mitigating Factors: None. VI. STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED I find the following costs were reasonably incurred by The Florida Bar: Administrative Costs, pursuant to to Rule 3-7.6(q)(1)(I), Rules of Discipline $ 1,250.00 Court Reporter Fees and Transcripts 75.00 Investigative Costs and Expenses 75.00 TOTAL $ 1,400.00 It is recommended that such costs be charged to respondent and that interest at the statutory rate shall accrue and be deemed delinquent 30 days after the judgment in this 6

case becomes final unless paid in full or otherwise deferred by the Board of Governors of The Florida Bar. Dated this day of, 2008. Honorable Patrick Kevin Davey, Referee Leon County Courthouse 301 South Monroe Street, Room 365A Tallahassee, Florida 32301-1180 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original of the foregoing Report of Referee has been mailed to THE HONORABLE THOMAS D. HALL, Clerk, Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399-1927, and that copies were mailed by regular U.S. Mail to KENNETH LAWRENCE MARVIN, Staff Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300; KRYS GODWIN, Bar Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300; and SAMUEL A. MALAT, Respondent, at his record Bar address of 214 White Horse Pike, Haddon Heights, NJ 08035-1727, on this day of February, 2008. Honorable Patrick Kevin Davey, Referee 7