On Thursday, December 8, 2022, the Supreme Court of Florida suspended Jacksonville attorney David Andrew Taylor III for failure to advise the client to seek independent counsel before agreeing with the terms and fees to represent him in his case. The case is entitled “The Florida Bar v. David Andrew Taylor III,” with case nos. SC21-291 & SC21-724.
In a Report dated November 28, 2022, it was stated that, while negotiating with a client about the terms and fees of assisting the same with the case, the respondent did not advise the former to seek an independent counsel on the said transaction resulting in noncompliance with the ethical rules.
The filing states:
“Mr. Morrow informed the respondent’s office that he did not have immediate access to funds to pay the retainer, but had a trust fund set up for the benefit that he believed held at least $40,000.00. Respondent advised Mr. Morrow that he would not enter a notice of appearance in his case until the fee was paid. Respondent asked about other resources, and Mr. Morrow advised respondent that he owned a house that respondent could hold while funds from the trust were being sought.”
The filing continues:
“In order to feel comfortable entering an appearance on Mr. Morrow’s behalf and having his office begin working on his criminal case, respondent proposed a 10-day period for Mr. Morrow to obtain the trust funds and that Mr. Morrow would be required to deed the property to respondent’s firm and, in the event, the fees were not paid on time, Mr. Morrow would forfeit the property. Mr. Morrow agreed to the terms of the proposal.”
The filing further states:
“A written Retainer Agreement was drafted setting forth the terms discussed with and agreed to by Mr. Morrow, including agreeing to deed his house to the respondent’s firm and agree that, if Mr. Morrow did not pay the $10,000 fee within 10 days, he forfeited any and all rights to the property. However, the Retainer Agreement did not advise Mr. Morrow in writing that he should consult with independent counsel.”
The referee then recommended that the appropriate sanction is a suspension of the Respondent. And in an Order by the Supreme Court of Florida, with the uncontested report from the referee, it approved the recommendation of the latter.
The Disposition states:
“The uncontested report of the referee is approved and the respondent is suspended from the practice of law for sixty days, effective thirty days from the date of this order so that the Respondent can close out his practice and protect the interests of existing clients. If Respondent notifies this Court in writing that he is no longer practicing and does not need the thirty days to protect existing clients, this Court will enter an order making the suspension effective immediately.”
Mr. Taylor’s info can be found on lawyers.com. Taylor practices in Jacksonville, Florida. He is licensed in Florida.
A copy of the original filing can be found here.
