132 So. 3d 32
Fla.2013Background
- Clint Johnson, principal of Johnson Law Group and several debt-management companies, faced an emergency suspension after trust-account overdrafts and returned settlement checks triggered a Bar audit.
- Audit revealed trust-account irregularities from Jan 2009–Nov 2010: shortages, negative balances, improper transfers, missing reconciliations; disputed whether shortages resulted from theft or bookkeeping errors.
- Johnson’s bookkeeper, Deanna Cintron, admitted stealing from the firm’s operating account and manipulating transfers between operating and trust accounts; referee credited that Johnson was unaware of her theft until July 2010.
- Referee found Johnson failed to properly supervise nonlawyer staff, maintain trust-account records, and comply with trust-account rules; also found Johnson violated the emergency suspension by representing clients, failing to notify debt-management clients, submitting a false affidavit about client notice, and making trust-account disbursements after suspension.
- Referee recommended guilt on multiple trust-account and supervision rules, six months’ suspension (nunc pro tunc) plus probation for the trust-account case, and an additional year’s suspension/probation for contempt matters; the Bar sought review of the not-guilty finding on dishonesty and the recommended discipline.
- The Court approved guilt findings but reversed discipline and ordered immediate disbarment; awarded recovery of Bar costs.
Issues
| Issue | Plaintiff's Argument (The Bar) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Whether Johnson violated Rule 4-8.4(c) (dishonesty/intent to misappropriate) | Johnson’s deliberate delegation and failure to supervise equates to intent to misappropriate (citing Riggs) | Shortages were caused by employee theft and bookkeeping errors; Johnson lacked knowledge or intent | Court: No 4-8.4(c) violation; delegation/supervision failures insufficient here to prove intent given referee’s finding of employee theft |
| Whether referee erred in mitigation/aggravation findings | Bar: should have found dishonest motive and bad-faith obstruction; more aggravators apply | Referee found lack of dishonest motive, cooperation, restitution efforts, remorse; Bar points to other facts but cannot overcome referee’s supported factual findings | Court: Approved referee’s mitigation/aggravation findings as supported by record |
| Whether recommended discipline (suspensions) was appropriate | Bar: greater sanctions—at least three-year suspension for trust-account case and disbarment for contempt cases | Johnson implicitly sought lesser discipline per referee (suspensions+probation) | Court: Disapproved recommended discipline as insufficient given contempt and trust-account misconduct; ordered disbarment |
| Whether contempt findings were supported (violations of suspension and receiver order) | Bar: Johnson continued to practice, failed to notify clients, filed false affidavit, made post-suspension disbursements, and failed to retain receiver | Johnson: asserted inability to pay receiver and that accounts were frozen; contested some allegations | Court: Found Johnson in contempt on both petitions for violating suspension and receiver-order stipulation |
Key Cases Cited
- Fla. Bar v. Lanford, 691 So.2d 480 (Fla. 1997) (intent element required for Rule 4-8.4(c))
- Fla. Bar v. Berthiaume, 78 So.3d 503 (Fla. 2011) (intent proven by deliberate or knowing conduct)
- Fla. Bar v. Riggs, 944 So.2d 167 (Fla. 2006) (inadequate supervision and sloppy bookkeeping can support 4-8.4(c) when theft not found)
- Fla. Bar v. Rousso, 117 So.3d 756 (Fla. 2013) (disbarment where gross negligence enabled massive employee embezzlement and led to commingling and client deception)
- Fla. Bar v. Mirk, 64 So.3d 1180 (Fla. 2011) (misuse of trust funds is among most serious offenses; disbarment presumptive)
- Fla. Bar v. Forrester, 916 So.2d 647 (Fla. 2005) (disbarment for practicing while suspended)