On Tuesday, April 25, 2023, attorney Jose Francisco Garcia filed a petition for disciplinary revocation with leave to reapply for readmission after five years before the Supreme Court of Florida. The case is entitled “In the Matter of Jose Francisco Garcia.”

The Florida Bar opened an investigation against the petitioner after receiving a complaint from a medical provider alleging that the same 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 filing states:

“The Florida Bar asked the petitioner to provide limited trust records to confirm that he had held the client’s settlement funds in the trust account from when the settlement was deposited in March of 2021 until December 27, 2022, when he obtained the client’s signature on the closing statement. After attorney’s fees and costs, the amount owed to the client and the medical providers was $29,147.16. In the months of August 2021 October 2021, November 2021, October 2022, November 2022, and December 2022, the trust account bank balance fell below that amount causing a shortage in the trust account.”

In relation to this, the petitioner admitted to failing to maintain the minimum trust account records or follow the minimum trust account procedures as required by the rules regulating the Florida Bar. During the audit period, the petitioner admitted to using the client’s trust funds for purposes other than for the specific purpose they intended.

Admitting the said misconduct, the petitioner agreed to eliminate all indicia of his status as an attorney on email, social media, telephone listings, stationery, checks business cards, and office signs. Moreover, the petitioner stated that he understands that the granting of the said petition by the Supreme Court of Florida shall serve to dismiss all pending disciplinary cases against him.

The request states:

“WHEREFORE, Petitioner respectfully requests that this Court grant this Petition and order that Petitioner’s membership in The Florida Bar be revoked with leave to seek readmission.”

Mr. Garcia practices in Kissimmee, Florida. He is licensed in Florida. His info can be found on lawyers.justia.com.

A copy of the original filing can be found here.