On Thursday, April 25, 2024, The Florida Bar filed a formal complaint against attorney Thomas Grant Neusom seeking reciprocal discipline based on sanctions he received in federal court.
The case is entitled “The Florida Bar v. Thomas Grant Neusom,” with case numbers 2019-50,315(17H) and 2024-50,631(17H).
The charges cited Rules Regulating the Florida Bar 4-1.3, 4-3.1, 4-3.3(a)(3), 4-3.4(c), 4-8.4(a)(c)(d), 3-4.3, 4-3.1, 4-3.3(a)(1), and 4-4.1(a).
The complaint, filed with the Supreme Court of Florida, outlines two instances of alleged misconduct by Neusom that resulted in disciplinary actions against him in the United States District Court for the Middle District of Florida and the United States Bankruptcy Court for the Southern District of Florida.
In the first count, The Florida Bar claims that in July 2023 Neusom represented a client in filing a lawsuit in state court that was later removed to federal court in the Middle District. However, Neusom’s filings attempting to establish federal jurisdiction were found to contain inaccurate legal citations, including some that were fabricated. The federal court ordered Neusom to show cause for improper removal but his responses apparently re-stated the same deficient arguments.
This led the opposing counsel to file motions seeking remand and sanctions. A grievance committee investigated and found probable cause that Neusom violated various Rules of Professional Conduct through lack of due diligence, misrepresentations to the court, knowingly disobeying court orders and rules, and engaging in unprofessional conduct towards opposing counsel. As a result, the federal court suspended Neusom from practicing in the Middle District for one year and imposed conditions for reinstatement.
The second count of the complaint involves a 2018 bankruptcy case where Neusom represented an individual debtor. It’s alleged that Neusom falsely asserted to opposing counsel and the court that he had filed for bankruptcy protection on behalf of the debtor’s corporation to stay an eviction proceeding, even though only the individual filed for bankruptcy.
A bankruptcy court order found Neusom engaged in sanctionable bad faith conduct and misrepresented the debtor’s identity. As a sanction, Neusom was ordered to pay over $31,000 in legal fees and costs, prohibited from practicing in any U.S. bankruptcy court for one year, and required to complete legal education before applying for readmission.
Both the Middle District and bankruptcy court orders are asserted as conclusive proof of misconduct under bar rules. The Florida Bar complaint claims Neusom violated various Rules of Professional Conduct in both matters, including rules involving diligence, meritorious claims, candor toward tribunals, fairness to opposing counsel, dishonesty and conduct prejudicial to justice.
The Bar is seeking reciprocal discipline against Neusom based on the sanctions from the federal courts. As relief, it requests the Florida Supreme Court to appropriately discipline Neusom under the bar rules. Neusom will have an opportunity to respond to the complaint. Under the bar rules, he is mandated to file an answer. A referee may be appointed to conduct further proceedings and make a report and recommendation to the high court.
According to avvo.com, Mr. Neusom is an attorney in Lauderdale By The Sea, Florida. He attended the University of Southern California Law School, graduating in 1997. He acquired his law license in Florida in 2007.
A copy of the original filing can be found here.