On Thursday, August 25, 2022, the Supreme Court of the State of Florida ruled on charges for attorney discipline against Miami attorney Arthur Joseph Morburger alleging misconduct involving violations of safekeeping of property; dishonesty, fraud, deceit, or misrepresentation; and violations on Trust Account Rules.
The case, titled The Florida Bar vs. Arthur Joseph Morburger, was brought by The Florida Bar. Case number #SC21-900.
The charges cited Morburger’s violations of the Rules Regulating the Florida Bar specifically 4-1.15, 4-8.4(c), 5-1.1, which states:
A lawyer shall comply with The Florida Bar Rules Regulating Trust Accounts.
A layer is prohibited from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
A lawyer must hold in trust, separate from the lawyer’s own property, funds and property of clients or third persons that are in a lawyer’s possession in connection with a representation. All funds, including advances for fees, costs, and expenses, must be kept in a separate federally insured bank, credit union, or savings and loan association account maintained in the state where the lawyer’s office is situated or elsewhere with the consent of the client or third person and clearly labeled and designated as a trust account.
A summary of the allegation goes:
Respondent was ordered by a trial court to hold the $37,030.00 fee award in a particular case, in his trust account, pending the account of his client’s appeal. One year later, on or about February 4, 2021, the trial court ordered Respondent to pay the award fee to the complainant, Mr. Palomino. Two checks were issued by Respondent, namely, check Nos. 454 and 461 on February 9, 2021, and March 31, 2021, respectively, which both were returned for insufficiency of funds. In response to the first dishonored check, Respondent responded that someone had stolen his trust account check and forged his signature on the same. On May 5, 2021, the bank completed its investigation in this matter and denied Respondent’s claim of fraud.
The Report of the Referee stated:
It is clear that Respondent is guilty of failing to safeguard trust funds, making misrepresentations or engaging in fraudulent deceitful or dishonest behavior, and of failing to hold and use the trust funds only for the purpose in which they are entrusted.
The Referee recommended that Respondent be found guilty of misconduct justifying disciplinary measures and that Respondent be disciplined by disbarment and payment of The Florida Bar’s costs in these proceedings.
The Supreme Court of Florida, having considered the Report of Referee and the briefs filed in this case, approves the referee’s report in its entirety.
The dispositive part of the Order reads in part:
Respondent is hereby disbarred from the practice of law in the State of Florida. Respondent is currently suspended; therefore, this disbarment is effective immediately. Respondent shall fully comply with Rule Regulating The Florida Bar 3-5.1(h). Respondent shall also fully comply with Rule Regulating The Florida Bar 3-6.1, if applicable.
According to Lawyer.com, Mr. Morburger attended Harvard Law School, graduating in 1961. Morburger practices in Miami, Florida. He had been licensed in Florida, Arizona, Kentucky, and New York.
A copy of the original filing can be found here.
