Saturday, January 09, 2016

Despite Lack Of Dishonest Motive, Florida Supremes Discipline Two Attorneys For Their Sloppy Handling Of Their Clients' Money

The Florida Bar, the state's guardian for the integrity of the legal profession, recently announced that the Florida Supreme Court in recent court orders disciplined 15 attorneys – permanently disbarring one attorney, revoking the license of one attorney, suspending eight attorneys and publicly reprimanding six. Four attorneys received more than one form of discipline.

Among those disciplined were the following two lawyers (one was hammered; the other got his hand slapped) who received discipline for the sloppy handling of their clients' money, despite a lack of a dishonest motive, according to the respective consent judgments:
  • John Richard Geiger, suspended for 45 days effective 30 days from a Nov. 5 court order. Further, Geiger is placed on probation for two years. (Admitted to practice: 1994) A Bar audit found that Geiger was not in substantial compliance with Bar rules governing trust account [Editor's Note: in connection with the investigation, the Bar requested "trust records including bank statements, deposit slips, canceled checks (front and back), journals, ledger cards, monthly comparisons, and reconciliations, as well as other supporting documentation for the period March 1, 2009 to February 23, 2015." ]. At times during the audit period, Geiger improperly commingled his trust funds with personal funds. (Case No. SC15-1886)

    Richard Sam Lehman, to be publicly reprimanded following an Oct. 22 court order. (Admitted to practice: 1969) Lehman commingled funds. While acting as ancillary personal representative for a deceased client, he withdrew funds from the client’s estate account and transferred them into his operating account. Lehman then used the funds to pay the estate expenses from his operating account, thus violating Bar rules. (Case No. SC15-1011)
For the entire gossip sheet, see Supreme Court Disciplines 15 Attorneys.