Attorney Jose Francisco Garcia faced charges of not respecting a letter of protection in a personal injury case and abusing client trust funds, causing a deficit in the trust account. The Supreme Court of Florida approved the petition for disciplinary revocation of his license on Thursday, June 1, 2023.
The case is entitled “In the Matter of Jose Francisco Garcia,” with case no. SC2023-0572.
On April 25, 2023, the petitioner filed a petition for disciplinary revocation with leave to reapply for readmission after 5 years. Pending charges against Garcia included failing to honor a letter of protection in a personal injury case and misusing client trust funds, resulting in a shortage in the trust account. Despite the pending charges, Garcia contended that the revocation would not adversely affect the public interest, court integrity, or confidence in the legal profession. He agreed to reimburse the client security fund and the Florida Bar for costs incurred in his disciplinary cases, submit to an audit of trust accounts, and eliminate all indications of his status as an attorney during the revocation period.
The petition states:
“In The Florida Bar File No. 2023-30,332(9B), the bar opened an investigation after receiving a complaint from a medical provider alleging that the petitioner had failed to honor a letter of protection in a personal injury case. In response to the complaint, the petitioner explained that he had difficulty obtaining information from his client’s various medical providers and then had to track down his client to get her signature on the closing statement”
The petition continues:
“Petitioner contends that granting this Petition will not adversely affect the public interest, the integrity of the courts, or the confidence of the public in the legal profession. Further, the petitioner contends that granting this petition will not hinder the administration of justice. Petitioner agrees to reimburse the Client Security Fund (CSF) for any and all funds CSF has paid or may pay out for claims resulting from the petitioner’s misconduct.”
The Florida Bar filed its response to the petition for disciplinary revocation requesting the court to grant the same.
The response states:
“The Florida Bar’s Board of Governors considered the Petition at the Board’s May meeting, and the bar supports the Petition. Contemporaneous with this response, the bar is filing a Motion to Assess Costs. WHEREFORE, the bar requests that this Court grant the Petition for Disciplinary Revocation and that the Court award costs to the bar.”
Accordingly, the Supreme Court of Florida granted the uncontested petition of attorney Jose Francisco Garcia.
The Disposition states:
“The uncontested petition for disciplinary revocation, as provided by Rule 3-7.12, Rules Regulating The Florida Bar, with leave to seek readmission after five years, is granted subject to the continuing jurisdiction of this Court. See Florida Bar v. Ross, 732 So. 2d 1037, 1040-42 (Fla. 1998). Disciplinary revocation is tantamount to disbarment. Florida Bar v. Hale, 762 So. 2d 515 (Fla. 2000). The disciplinary revocation shall be effective thirty days from the date of this order, as agreed by the Bar and petitioner so that the petitioner can close out his practice and protect the interests of existing clients. If the petitioner notifies this Court in writing that he is no longer practicing and does not need the thirty days to protect existing clients, this Court will enter an order making the revocation effective immediately.”
Mr. Garcia practices in Kissimmee, Florida. He is licensed in Florida. His info can be found on lawyersjustia.com.
A copy of the original filing can be found here.