On Monday, October 16, 2023, the Florida Bar filed a complaint against attorney Denise A. Gunn, alleging violations of professional conduct rules in her representation of two clients.
The case is titled ‘The Florida Bar v. Denise A. Gunn,” with case nos. 2022-10,464(20B) and 2023-10,598(20B).
The complaint is divided into two counts, each involving a separate client. In the first count, Attorney Gunn is alleged to have violated several rules, including Rule 4-1.3 (Diligence), Rule 4-1.4 (Communication), and Rule 4-8.4(g) (Failure to respond in writing to an official bar inquiry). In the second count, Attorney Gunn is alleged to have violated Rules 4-1.3 (Diligence), Rule 4-1.4 (Communication), Rule 4-1.16 (Declining or Terminating Representation), Rule 4-3.2 (Expediting Litigation), and Rule 4-8.4(g) (Failure to respond in writing to an official bar inquiry) of the Florida Rules of Professional Conduct.
The Florida Rules of Professional Conduct can be found here.
Count I relates to Trevor Stanislaus, who retained Denise A. Gunn in May 2021 for a family law matter. Mr. Stanislaus signed a representation agreement and paid $1,500.00 as a part of the flat fee of $4,000.00. However, Attorney Gunn failed to provide status updates and did not respond to Mr. Stanislaus’ calls. When Mr. Stanislaus requested a signed copy of the agreement or a refund, Attorney Gunn claimed to have mailed the executed contract and stated that the petition was almost finished. However, Mr. Stanislaus did not receive the contract or a draft of his petition. Attorney Gunn did not communicate further and took no action on his behalf. Mr. Stanislaus filed a grievance with The Florida Bar on February 28, 2022. The Florida Bar sent inquiries but Attorney Gunn failed to respond, resulting in her indefinite suspension on July 19, 2023.
Count II involves Xavier Gressett, who retained attorney Denise A. Gunn in October 2021 for a family law matter. Gressett signed a representation agreement on October 25, 2021, and made payments towards the $3,500.00 flat fee. Attorney Gunn filed a notice of appearance on November 1, 2021, and attended a hearing on January 5, 2022. Gressett completed all payments in April 2022, after which Gunn failed to communicate or take further action on his case. Gressett was unable to contact Gunn, so he retained other counsel in July 2023. Gressett filed a grievance on April 24, 2023, and again, Attorney Gunn has not responded to the bar’s inquiries.
Considering these violations, the Florida Bar seeks appropriate disciplinary action for Attorney Gunn.
The charge reads:
“WHEREFORE, The Florida Bar prays respondent will be appropriately disciplined in accordance with the provisions of the Rules Regulating The Florida Bar as amended.”
According to Avvo, Attorney Denise A. Gunn is a personal injury lawyer based in Naples, Florida. She attended the University of Miami, graduating in 1996. She acquired her license the following year.
A copy of the original filing can be found here.