Attorney Discipline: Trust Account Problems, Improper Handling Of Client Cash, Property

In the latest issue of its periodic gossip sheet, 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 24 attorneys – disbarring four, revoking the licenses of four, suspending nine and publicly reprimanding seven. Five attorneys were also placed on probation.

Of those making this month's hit parade, the following twelve attorneys were disciplined for problems with the way they handled money held in trust, or otherwise improperly dealing with the money or property of their clients or, in one case, an attorney's employees:

• Jose Manuel Camacho, Jr., Miami, suspended until further order, effective 30 days from a Feb. 17 court order. (Admitted to practice: 2000) Camacho was found in contempt for non-compliance. He failed to comply with a trust accounting records subpoena of July 7, 2015, and he failed to respond to an official Bar inquiry dated Sept. 2, 2015. (Case No. SC15-2114)
  
  Richard Brian Carey, West Palm Beach, to be publicly reprimanded by publication, following a March 3 court order. (Admitted to practice: 2009) After being retained, Carey failed to adequately represent a client in a case to negotiate a settlement of a lien with a mortgage company. Complainant subsequently resolved the lien.
  (Case No. SC15-1986)
  
  Bradley A. Conway, Orlando, to be publicly reprimanded and, further, placed on probation for three years, following a March 3 court order. (Admitted to practice: 1993) Conway failed to comply with his professional tax obligation to the Internal Revenue Service, including failing to file and remit funds he withheld from his employees’ wages for unemployment, Social Security, Medicare and income taxes. Conway informed the Bar that his law practice had not been profitable. (Case No. SC15-1410)
  
  David Richard Damore, Daytona Beach, suspended for 60 days, effective March 17, following a Feb. 18 court order. Damore represented a criminal defendant on felony charges. In lieu of payment of legal fees, the client executed a quit claim deed in favor of the attorney, from jail. Damore directed his nonlawyer employee to notarize the deed despite the fact that she didn’t see the client execute the document. It became an issue six months later, after Damore negotiated a favorable plea agreement for the client with the state attorney’s office. (Case No. SC16-196)
  
  Robert William Darnell, Sarasota, to be publicly reprimanded by The Florida Bar Board of Governors, following a Feb. 18 court order. (Admitted to practice: 1986) Darnell had practiced law with three other attorneys and each maintained an operating and trust account. When the company dissolved, it was discovered that Darnell had failed to deposit his overhead checks into the operating account and owed for 10 months of overhead payments. A Bar audit found that Darnell failed to withdraw his earned fees from the trust account. He also made payments for firm and personal expenses directly from his trust account. Darnell had to amend several federal tax returns. (Case No. SC16-197)
  
  Wayne K. Ekren, Port Richey. The Supreme Court granted Ekren’s request for a disciplinary revocation, with leave to seek readmission after five years, effective immediately, following a Dec. 23, 2015, court order. (Admitted to practice: 2002) Disciplinary revocation is tantamount to disbarment. A disciplinary matter pending against Ekren was an allegation that he received $1,000 to represent a client while suspended and never refunded the money. (Case No. SC15-2093)
  
  Santiago Eljaiek, III, Coconut Grove, to be publicly reprimanded and, further, directed to attend ethics school, following a Feb. 18 court order. (Admitted to practice: 1999) Eljaiek represented a couple in various real estate transactions. In 2009, he notarized a warranty deed that was given to him by the husband and affixed with both signatures. Three years later, the couple filed for divorce. The wife filed a complaint against Eljaiek, alleging that during the course of the dissolution of marriage action, she discovered that her husband had transferred ownership of their condo without her knowledge. (Case No. SC15-629)
  
  Charles Francis McKinnon, Homestead. The Supreme Court granted McKinnon’s request for a disciplinary revocation, with leave to seek readmission after five years, effective immediately, following a March 3 court order. (Admitted to practice: 1996) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against McKinnon involved allegations of misappropriation and mishandling of client trust funds; failure to comply with a grievance committee subpoena; and neglect of client matters. (Case No. SC16-4)
  
  Austin Scott O’Toole, Boston, Mass., suspended for 90 days, effective March 1, following a Feb. 11 court order. (Admitted to practice: 1991) O’Toole learned that a client was in violation of an injunction and ignored the situation. A complaint was subsequently filed against O’Toole for contempt for failure to pay plaintiffs the funds he’d received from his client. O’Toole also failed to disclose a conflict of interest between him and his client and failed to explain them to his client. (Case No. SC15-1882)
  
  Gilberto E. Sanchez, Tampa, suspended for 18 months, effective 30 days from a Feb. 25 court order. Further, upon reinstatement, Sanchez shall be placed on probation for two years. (Admitted to practice: 2004) A Bar audit revealed that Sanchez negligently handled his trust account and failed to maintain proper trust account records, which resulted in shortages on several occasions over a 2½-year period. Sanchez also commingled funds by improperly using money in his trust account to pay for firm expenses. He also failed to hold funds in his trust account that were entrusted to him for a specific purpose. (Case No. SC16-222)
  
  Catherine Elizabeth Timilty, Pinellas Park. The Supreme Court granted Timilty’s request for a disciplinary revocation, with leave to seek readmission after five years, effective 30 days from a Feb. 25 court order. (Admitted to practice: 1999) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against Timilty involved allegations of trust account problems and failure to communicate with a client. (Case No. SC15-2338)
  
  Nikasha Michelle Wells, Mableton, Ga. The Supreme Court granted Wells’ request for a disciplinary revocation, with leave to seek readmission after five years, effective 30 days from a Feb. 25 court order. (Admitted to practice: 2007) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against Wells involved allegations of trust account issues and failure to respond to Florida Bar disciplinary inquiries. (Case No. SC16-44)

Source: Supreme Court Disciplines 24 Attorneys.

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Note: Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Additional information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.