The Florida Bar v. Daniel Gary Gass
153 So. 3d 886
| Fla. | 2014Background
- Florida Bar filed a complaint against Daniel G. Gass for professional misconduct; referee recommended sixty-day suspension.
- Gass represented two married clients in a civil debt case and failed to attend key depositions and hearings after advising them not to attend.
- The clients were subject to multiple show-cause orders; Gass did not inform them of these orders or their hearings.
- The clients were arrested for contempt due to noncompliance; Gass later filed bankruptcy actions and emergency motions to stay proceedings to secure their release.
- Referee found violations of 4-1.3, 4-1.4(a)(3), 4-1.4(a)(4), and 4-8.4(d); court imposed a one-year suspension after review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gass violated 4-1.3 | Gass failed to act with reasonable diligence and promptness. | Gass claimed regular communication and client awareness of orders. | Gass violated 4-1.3. |
| Whether Gass violated 4-1.4(a)(3) | Failed to keep clients reasonably informed about status. | Clients were aware of orders/hearings and were informed by Gass’s communications. | Gass violated 4-1.4(a)(3). |
| Whether Gass violated 4-1.4(a)(4) | Failed to promptly comply with reasonable requests for information. | Gass claims he warned clients of potential contempt and kept them informed. | Gass violated 4-1.4(a)(4). |
| Whether Gass violated 4-1.4(a)(5) | Gass failed to consult about limitations on conduct when clients expected not-permitted assistance. | Referee’s findings do not support failure to consult; not proven. | Gass did not violate 4-1.4(a)(5). |
| Whether Gass violated 4-8.4(d) | Inaction and mismanagement prejudiced the administration of justice. | Gass disputes the extent and impact of his conduct. | Gass violated 4-8.4(d). |
Key Cases Cited
- Fla. Bar v. Frederick, 756 So. 2d 79 (Fla. 2000) (review of factual sufficiency; standard for attorney discipline)
- Fla. Bar v. Jordan, 705 So. 2d 1387 (Fla. 1998) (credibility of referee findings; deference)
- Fla. Bar v. Tobkin, 944 So. 2d 219 (Fla. 2006) (referee credibility assessment framework)
- Fla. Bar v. Thomas, 582 So. 2d 1177 (Fla. 1991) (credibility of witnesses in disciplinary matters)
- Fla. Bar v. Summers, 728 So. 2d 739 (Fla. 1999) (discipline for government attorney misconduct and response to Bar inquiries)
- Fla. Bar v. Rolle, 661 So. 2d 301 (Fla. 1995) (failure to respond to clients and take action)
- Fla. Bar v. Witt, 626 So. 2d 1358 (Fla. 1993) (negligence in client matters; disciplinary consequences)
- Fla. Bar v. Morrison, 669 So. 2d 1040 (Fla. 1996) (prejudice from attorney's failure to pursue representation)
- Florida Bar v. Roberts, 770 So. 2d 1207 (Fla. 2000) (rehabilitative suspension for neglectful conduct)