The Florida Bar v. Kassier, 87617
| Citation | 711 So.2d 515 |
| Decision Date | 14 May 1998 |
| Docket Number | No. 87617,87617 |
| Parties | 23 Fla. L. Weekly S273 THE FLORIDA BAR, Complainant, v. Andrew Michael KASSIER, Respondent. |
| Court | United States State Supreme Court of Florida |
John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and Randi Klayman Lazarus, Bar Counsel and Dewayne K. Terry, Co-Bar Counsel, Miami, for Complainant.
Louis M. Jepeway, Jr. of Jepeway and Jepeway, P.A., Miami, for Respondent.
We have for review the complaint of The Florida Bar and the referee's report regarding alleged ethical violations by attorney Andrew Michael Kassier. We have jurisdiction. Art. V, § 15, Fla. Const. We approve the referee's factual findings and recommendations and suspend Kassier from the practice of law for one year to be followed by a three-year probation under the terms recommended by the referee.
The Bar filed a three-count complaint and Kassier essentially admitted the underlying facts as found by the referee.
The Florida Bar audited Kassier's trust accounts after attorney Gary Moody filed a grievance. Moody claimed that he attempted to contact Kassier after a $525 trust account check issued by Kassier in January 1995 was returned for insufficient funds. Moody complained that Kassier failed to respond to several phone calls concerning the check. The Bar reviewed two trust accounts for the period of January 1, 1995, through February 28, 1995. The Bar's audit revealed that the check to Moody was returned for insufficient funds and that the account on which the check was written never had a balance of $525 during the review period. The audit also revealed that Kassier wrote two checks (totaling $349) to the Clerk of the Circuit Court which were returned for insufficient funds. The referee found no evidence that the funds were paid within a reasonable time after Kassier became aware of the problem and until he became aware of the Bar proceedings. The referee found some question as to whether the amounts were ever repaid.
The audit also revealed that Kassier misappropriated client trust funds. Kassier represented Judith Thomas in matters related to a divorce proceeding. Kassier held $21,000 in insurance proceeds for hurricane damage to the Thomas's marital home in his trust account. Ms. Thomas owed her husband $12,500 of the insurance proceeds. On April 12, 1994, the balance of Kassier's trust account was $1,651.25. On that date, Kassier deposited a $9,940.34 check from his personal IRA account into his trust account. Shortly after that, Kassier issued a check on the trust account for $8,297.75 to Neal Lewis Trust Account, as partial payment of Mr. Thomas's share of the insurance proceeds, leaving the balance due to Mr. Thomas unaccounted for in his trust account. The funds On July 1, 1994, Kassier's trust account balance totaled $5,067.84. He had an outstanding check for $5,000. On that same date, Kassier deposited $5,000 from his operating account into his trust account. He made a payment from those funds to Waste Management for cleaning a client's property. A $4,000 check deposited by Kassier from his operating account to his trust account on July 19, 1994, was returned for insufficient funds. In September 1994, Kassier issued a $500 check on his trust account to a client as a transfer of funds. The check was dishonored for insufficient funds.
used to pay Mr. Thomas were Kassier's personal funds.
In November 1992, Lillie Harris paid Kassier a $350 retainer to represent her in a negligence action. Harris filed a grievance against Kassier alleging that he failed to act diligently and to communicate properly with her on the status of her case. Kassier told the Bar he would take steps to resolve the matter and the Bar closed the case. Harris complained to the Bar five months later that Kassier had taken no action. Kassier failed to respond to three letters from the Bar regarding this matter. The Bar reopened the file. The referee found that Kassier failed to keep Harris informed on the status of her case and to reply promptly to her requests for information. Kassier failed to respond to Harris's requests to obtain her file so that she could retain other counsel.
Letitia Potts gave Kassier a $250 retainer to represent her in a contract dispute. Kassier failed to do anything on the case, failed to return the fee, and failed to assist Potts in finding new counsel until after the final hearing in this case. Kassier failed to keep Potts reasonably informed on the status of her case, failed to respond to her requests for information, and failed to respond to the Bar's two requests that he resolve Potts's complaint.
Based upon these factual findings, the referee recommended finding Kassier guilty on Count I of violating rule 4-8.4(b)(lawyer shall not commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer); rule 4-8.4(c) (); rule 5-1.1 (). As to Count II, the referee recommended finding Kassier guilty of violating rule 3-4.8 (); rule 4-1.4(a) (); and rule 4-8.4(g) (). As to Count III, the referee recommended finding violations of rule 4-1.3 (), rule 4-1.4(a), and rule 4-8.4(g), of the Rules Regulating the Florida Bar.
We approve the referee's findings and recommendations, as they are supported by the record and are not clearly erroneous. Florida Bar v. Vannier, 498 So.2d 896, 898 (Fla.1986) ().
The referee recommends that Kassier be suspended for one year followed by a three-year probation. The referee also recommends that, before petitioning for reinstatement, Kassier attend ethics school, including a new trust account workshop; that Kassier initiate LOMAS within two months of the referee's order; that he submit to random audits by a Bar staff auditor for the probation period; and that Kassier make monthly reports during the probationary period of all trust account activity. The Bar argues...
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