Florida Supreme Court petitioned to approve conditional deal for Attorney Julia Reidy Kapusta following estate appeal representation issues

On Monday, December 4, 2023, The Florida Bar filed a petition with the Supreme Court of Florida seeking approval of a conditional diversion agreement with Attorney Julia Reidy Kapusta. The agreement, reached to resolve a professional misconduct complaint, requires Kapusta to complete ethics training to avoid a possible public disciplinary sanction stemming from her failed representation of a client in an estate matter appeal.

The case is entitled “The Florida Bar v. Julia Reidy Kapusta,” with case number 2023-10,073 (06D).

The complaint stemmed from Kapusta’s representation of a client in an estate matter appeal filed on March 4, 2022. Kapusta filed the initial notice of appeal but failed to obtain a key transcript from the lower court proceedings. She filed two extension requests to file the opening brief but did not complete the brief before withdrawing from the case on August 2, 2022, citing irreconcilable differences.

On May 9, 2023, the Sixth Judicial Circuit Grievance Committee D found probable cause that Kapusta had committed misconduct during her representation. However, rather than proceed to a disciplinary hearing, Kapusta agreed to enter a conditional diversion program on October 24, 2023.

Under the terms of the agreement, Kapusta would attend The Florida Bar’s Ethics School training program and pay $2,000 to cover the Bar’s administrative costs. Successful completion of the diversion program would result in the misconduct complaint being closed without a formal disciplinary sanction on her record.

However, the agreement also stipulated that if Kapusta failed to fully comply, the Bar could reopen the disciplinary proceedings against her. Additionally, any non-compliance could be considered an aggravating factor if formal discipline was ultimately imposed.

The petition for approval of conditional agreement states:

“WHEREFORE, The Florida Bar respectfully requests this Honorable Court to approve the respondent’s Conditional Agreement for Diversion to a Practice and Professionalism  Enhancement Program and enter a final order requiring the respondent’s attendance at Ethics School within six (6) months, and payment of the bar’s costs totaling $2,000.00.”

According to Avvo.com, Ms. Kapusta is an attorney in Tampa, Florida. She attended the University of Florida, Fredric G. Levin College of Law, graduating in 2017. She acquired her law license in Florida in the same year.

A copy of the original filing can be found here.