On Thursday, September 25, 2025, The Florida Bar filed a petition with the Supreme Court of Florida seeking approval of a conditional agreement for diversion to a practice and professionalism enhancement program involving attorney Richard Hartley Gaines. The agreement, submitted in lieu of a formal complaint, aims to address alleged misconduct by Gaines through educational and self-reflective measures rather than traditional disciplinary sanctions.
The case is entitled “In the Matter of Richard Hartley Gaines,” with case number 2022-50,675(17F).
According to the filed documents, the proposed diversion stems from a family law case where Gaines represented the wife/mother. During the case, Gaines obtained documents from opposing counsel, Waldinger’s, personal divorce case, containing sensitive allegations made by her ex-husband. Gaines then attached this motion to an email and stated, “be careful where you tread. . .” This action prompted the conditional agreement, which both Gaines and The Florida Bar have endorsed.
The agreement recommends Gaines attend Ethics School in person within six months of acceptance and pay workshop fees totaling $750. Furthermore, Gaines is required to pay $750 for Ethics School and an administrative fee of $1,250 to The Florida Bar within 30 days of the Supreme Court’s approval, totaling $2,000.
The documents outline mitigating factors considered in the agreement, including Gaines’ lack of prior disciplinary history, his full disclosure and cooperative attitude toward the proceedings, and his remorse for his conduct. However, the agreement also notes an aggravating factor: Gaines’ extensive experience in law.
Successful completion of the diversion program would result in the closure of the disciplinary file without any disciplinary sanction, and it would not constitute a record of professional misconduct.
Conversely, failure to comply with the program’s requirements could lead to the reopening of the disciplinary file and further proceedings. Such failure would also be considered an aggravating factor if disciplinary sanctions were to be imposed later. Non-payment of fees and costs within the stipulated timeframe would render Gaines delinquent and prohibited from practicing law in Florida.
According to Avvo, Mr. Gaines is a family lawyer in Coral Springs, Florida. He acquired his law license in Florida in 1995.
A copy of the original filing can be found here.
