Pasco County Lawyer Ethics
There was a family law lawyer who stole from her clients, was disbarred and charged criminally with grand theft. She intended to take it to trial, which never happened. Perhaps because of the advice of her attorney, or perhaps because she couldn't afford to pay the attorney. I happen to know personally, from talking with other local attorney's that the evidence against her was overwhelming. So she pled open (that means without a plea deal from the State) and was sentenced to 4 and ½ years in prison.
Being a criminal lawyer, I often think what I would do if I were sentenced to prison. It would kill me to leave my kids and my family. And the strip search, the food, and the polyester uniform would be uncomfortable. But I'd probably survive as a jail house lawyer because I could write appeals for the other inmates.
What the heck was this woman thinking? She has two young children. If you read the The Florida Bar News, which posts all of the disciplinary actions against Florida attorney's, more than half of the suspensions and disbarments are for violating trust fund rules.
Let me explain what a trust fund is. If a lawyer owns their own firm, they must have a trust fund account. This is an entirely separate account from an operating account. If a lawyer charges by the hour, the money given to them by clients goes into this account until it is EARNED. If a lawyer takes money from a client for safe keeping, for example, I might take money from my clients to pay for court fees, that money goes into the account. IT DOES NOT BELONG TO ME. As a criminal lawyer, I RARELY use my trust account. I don't charge by the hour, because if I don't get the money up front, and my client goes to jail, I never see any money. It's the same reason I rarely take payment plans. But almost all other lawyers use their trust accounts. And because you get a monthly statement from the bank, it's very easy for the IRS, the Florida Bar, or you, to track the money in the account.
So, this woman was pocketing her trust money, the money belonging to her clients, which is otherwise known as stealing. There is nothing else to call it. It's not a mistake, it's stealing. There is no way you can be confused as to where that money should go. It's simple. You have two bank accounts, one for your money and one for your clients.
It doesn't surprise me that she took the money. What surprises me is the GALL - to use an adjective from one of the commentors on the St. Petersburg Times news article - that she even tried to get out of this or made any attempt to pay back her clients. Judge Michael Andrews is one of the toughest judges in the Sixth Circuit. He told her that coming to court on her sentencing with a substantial sum of money toward her restitution would significantly mitigate her sentence. She showed up with $250, which is basically like laughing in the Court's face.
One of the first things I would do if it was me in the Defendant's position, would be to figure out how the judge works. She could have asked or she could have sat in his courtroom on any given day and watched how he worked. In Judge Andrews courtroom, 15 minutes is all you need to get a clue. While some people might say he's unfair and arrogant, I have practiced before him since he came onto the bench as misdemeanor judge in Pinellas County. What he has is common sense. He also knows the law and is generally fair. He's not always nice about it, but he tends to call a spade a spade and see through people's BS. Clearly something many people don't like. This woman obviously had some delusions of grandeur.
Some people become lawyers because it is prestigious. Others because they want to make a lot of money. I became a lawyer because I wanted to change the world. It bothers me that this woman just made a mockery out of the profession and then had the GALL to stand in a court and expect special treatment because she WAS a lawyer. And kudos to Judge Andrews for not allowing it to happen.






So what was the lady charged with? Good question, she hasn't been yet. The media reported that she was "charged" with one count of offical misconduct which is a 3rd degree felony. But read the FL Statute 





