On Thursday, February 6, 2025, the Supreme Court of Florida disbarred Attorney Andrea Povilaitis following a series of disciplinary actions stemming from professional misconduct. The ruling came after an uncontested referee report highlighted multiple violations of the Rules Regulating The Florida Bar. Povilaitis, already suspended at the time of the decision, faced immediate disbarment and was ordered to pay $4,884.50 in costs to The Florida Bar.
The case is entitled “The Florida Bar v. Andrea Povilaitis,” with case no. SC2024-0811.
The disciplinary proceedings began when The Florida Bar filed a complaint against Povilaitis on May 30, 2024. Povilaitis attended a virtual case management conference on July 3, 2024, her first interaction with the bar since an interview with a staff investigator on September 27, 2023. However, she failed to participate further, missing a pretrial hearing on October 17, 2024, and a final hearing on November 1, 2024. Due to her lack of response and failure to file an answer, a default order was entered against her on July 31, 2024.
In the first case, Povilaitis was accused of misleading a client, Timothy Ray Betsinger, about a lawsuit she never filed. Betsinger hired her in April 2021 to sue the Cocoa Beach Police Department after his arrest for driving under the influence, despite breathalyzer results showing no alcohol in his system. Over 18 months, Povilaitis assured Betsinger the case was progressing.
In early 2023, she claimed the police department offered a $10,000 settlement, which Betsinger rejected, followed by a $15,000 offer he accepted. On March 22, 2023, Povilaitis paid Betsinger $15,000 from her personal checking account, promising paperwork she later failed to provide adequately. Investigations revealed no lawsuit or settlement existed, and the funds came from an unrelated client matter. During the bar’s inquiry, Povilaitis falsely claimed the case settled pre-suit and the money was handled through her trust account, assertions disproven by bank records showing commingling of personal and client funds and fee-sharing with a nonlawyer employee.
The second case involved Povilaitis’ failure to report a criminal plea. On November 21, 2021, she was arrested in Brevard County, Florida, for driving under the influence after a crash. Charged with multiple counts, she pleaded no contest to reckless driving involving alcohol on June 9, 2022, receiving 12 months of probation and other penalties. She did not notify The Florida Bar of this outcome within the required 10 days, nor did she respond to subsequent bar inquiries in September and October 2023.
Povilaitis’ lack of cooperation extended to ignoring official bar communications after September 27, 2023, and abandoning her law practice. On January 26, 2024, The Florida Bar petitioned the Supreme Court for contempt, leading to a suspension order on April 4, 2024, in case SC2024-0206. She remained suspended for failing to respond to the court’s directive to justify her noncompliance.
Referee Daryl Isenhower, in a report filed November 27, 2024, found Povilaitis guilty of numerous rule violations, including misconduct, lack of client communication, improper fee handling, and deceptive practices. The report cited her neglect of Betsinger’s case, false statements to the bar, and concealment efforts as justification for recommending disbarment. Aggravating factors included a dishonest motive, a pattern of misconduct, and obstruction of the disciplinary process, with no mitigating factors noted. Povilaitis, 56,, had a prior disciplinary record, including a 2014 admonishment for soliciting a client in person.
The Supreme Court’s February 6, 2025, order approved the referee’s findings, finalizing Povilaitis’ disbarment. She must comply with rules governing disbarred attorneys and settle the assessed costs, with interest accruing if unpaid within 30 days of the judgment’s finalization. The decision, effective immediately due to her existing suspension, marks the end of her legal practice in Florida pending any rehearing motions, which had not altered the disbarment date as of the ruling.
The Disposition states:
“The uncontested report of the referee is approved and Respondent is disbarred. Respondent is currently suspended; therefore, this disbarment is effective immediately.”
According to the filing, Ms. Povilaitis acquired her law license in Florida in 1997.
A copy of the original filing can be found here.
