On Tuesday, February 10, 2026, the Supreme Court of Florida approved a petition for emergency suspension filed against attorney A. Marie Delapena, effectively suspending her from practicing law in the state until further notice.
The order, case number SC2026-0156, was issued in response to a petition filed by The Florida Bar, citing concerns over Delapena’s handling of client funds and potential misappropriation.
The Supreme Court’s order outlines several immediate actions Delapena must take. She is prohibited from accepting new clients and initiating new litigation on behalf of current clients. Additionally, she must provide copies of the court’s suspension order to all courts, tribunals, and adjudicative agencies where she serves as counsel of record, as well as to all state, federal, and administrative bars of which she is a member. The order also mandates notification to all clients, co-counsel, and opposing counsel.
Further directives in the order address Delapena’s financial responsibilities. She is barred from withdrawing or disbursing any funds from trust accounts or other financial institution accounts holding client or third-party funds related to her legal representation or fiduciary services. She is also prohibited from transferring ownership of any real or personal property purchased with client or third-party funds. Any fees or sums received after the date of the suspension order in connection with her practice must be deposited into a specified trust account, from which withdrawals can only be made by court order or by a judicial referee.
Within 30 days of the order, Delapena must cease acting as a fiduciary, including as a personal representative, guardian, or trustee. She must also provide Bar counsel with an affidavit listing all entities notified of the suspension order, including courts, bars, clients, and counsel. A separate affidavit must list each bank or financial institution that received a copy of the order. Delapena is also required to notify Bar counsel of the receipt and location of any fees or sums received in connection with her practice or fiduciary services after the suspension order was issued.
The Florida Bar’s petition for emergency suspension, filed on January 29, 2026, detailed several instances of alleged misconduct. The Bar asserted that Delapena misappropriated client funds and made misrepresentations to tribunals, opposing counsel, clients, and the Bar itself. The petition highlighted three specific cases (referred to as the J.G.R., J.R., and G.H.J. matters) where Delapena allegedly misappropriated funds from client trust accounts.
In the J.G.R. matter, proceeds from the sale of a marital home were deposited into Delapena’s TD Bank trust account but were then depleted through multiple transfers to her operating accounts. Similar transactions allegedly occurred in the J.R. and G.H.J. matters. The petition also noted that Delapena misrepresented the balance of funds held in trust in one case and failed to provide bank statements to the Bar upon request.
The Florida Bar argued that Delapena’s actions violated several rules regulating the Florida Bar, including those related to safekeeping property, avoiding misconduct, and maintaining trust accounts. The Bar contended that Delapena’s conduct caused or was likely to cause immediate and serious harm to clients and the public, necessitating the emergency suspension. The Bar requested the appointment of a referee to oversee further proceedings and determine entitlement to any frozen trust account funds.
A copy of the original filing can be found here.
