Hello everyone and welcome to this Ethics Alert which will discuss the recent voluntary disbarment of a Georgia lawyer convicted of stealing thousands of dollars of client money and schedule to enter prison, who allegedly stabbed his mother to death and fled the area. The disciplinary case is: In the Matter of Richard v. Merritt, 302 Ga. 874 (1/29/18). The link to the disbarment Order is here: https://www.gasupreme.us/wp-content/uploads/2018/01/s18y0387.pdf
According to media reports, the Georgia lawyer was convicted of stealing thousands of dollars of client’s money and was sentenced to 15 years in prison and 15 years of probation after being convicted of stealing money from his clients and elder abuse. The lawyer was found guilty on more than 30 counts of theft, forgery and elder exploitation and given until the end of the day on February 1, 2019 to surrender and begin serving the sentence.
The lawyer had admitted to settling civil lawsuits on his clients’ behalf without their knowledge, forging signatures on settlement checks and documents, and keeping money intended for his clients. As a condition of the sentencing, the lawyer was also ordered to pay $454,706.00 in restitution to clients.
The lawyer failed to surrender to enter prison on February 1, 2019 and, the day after the lawyer was required to surrender, his mother was found stabbed to death. Her car was also missing and the lawyer’s vehicle was found at the scene. According to a statement by the U.S. Marshall’s Service: “The vehicle he may be driving is a 2009 silver Lexus RX350, bearing a Georgia tag CBV 6004.” “He may have shaved his head or otherwise changed his appearance, and should be considered armed and dangerous. Do not try to engage him. If you see Merritt, please contact law enforcement immediately.”
According to the January 29, 2019 Georgia Supreme Court Order disbarring the lawyer after he filed a petition to voluntarily surrender his license, “(the lawyer) admits that in February 2017 he settled a client’s personal injury matter for $75,000, but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client. Merritt acknowledges that the above-described conduct violated Rule 1.15 (I) (c) of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). The maximum penalty for a single violation of Rule 1.15 (I) is disbarment.”
Bottom line: This is quite a bizarre and unsettling case where a lawyer chose to steal thousands of dollars from his clients, was then convicted of the thefts and sentenced to 15 years in prison, and apparently killed his mother and has now fled at the time that he was scheduled to surrender and enter prison.
Be careful out there.
Disclaimer: this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
29605 U.S. Highway 19 N. Suite 150
Clearwater, Florida 33761
Office (727) 799-1688
Fax (727) 799-1670
Joseph Corsmeier |
Florida lawyer suspended for hijacking former firm’s e-mail accounts and making disparaging comments on Facebook
Hello everyone and welcome to this Ethics Alert which will discuss recent Florida Supreme Court Order suspending a lawyer for, inter alia, hijacking his former firm’s e-mail accounts and making disparaging comments on Facebook. The Supreme Court Order is here: 9/20/18 Florida Supreme Court Order-Paul Green
According to the report of referee, which is here: 8/20/18 Green Report of Referee, the lawyer was alleged to have retaliated against his former law firm after he was terminated by hijacking the firm’s e-mail account, posting false and disparaging comments on Facebook about the lawyer who fired him, and communicating inappropriately with a client.
The referee’s report states that the lawyer was fired from his law firm after he used the firm credit card for personal matters, took unauthorized draws from the firm, missed work and took vacations without discussing them with the owner of the firm, made political comments on the firm’s Facebook page, and wrote a derogatory text message about his wife’s lawyer during his divorce. The lawyer’s text said: “Tell Dana Price I hope she dies of dirty Jew AIDS.”
After being terminated, the lawyer changed the password to his former firm’s e-mail accounts and, when the firm turned off the lawyer’s telephones, he agreed to restore the e-mail access only if the firm turned his telephones back on. After this occurred, however, the lawyer again blocked the firm’s access to e-mail and directed the e-mails to himself.
The lawyer also posted to the law firm’s Facebook page falsely claiming that the firm owner had been “Baker Acted”, a reference to the Florida law related involuntary commitments when a person has a mental condition which poses a danger to that person or to others. The lawyer’s Facebook post also said the letters sent by the former law firm to firm clients that the firm’s e-mails were hacked were untrue.
According to the referee’s report:
“On or about September 5, 2017, Respondent posted the following on Parker & Green, P.A.’s Facebook page:
If you’re wondering what’s going on…Patricia Parker was Baker Acted last Saturday. She has sent letters to all of you clients saying everything was hacked. It wasn’t but please be careful if you decide to go with the law office of Patricia L. Parker. Nothing was hacked but she is trying to get off her suicidal thoughts and is convincing clients she is ok. Don’t worry, my email still works and I am working with the Florida Bar to make sure she gets the help she needs. If you are a client, do not pay a bill until the Florida Bar decides what they will be doing with Ms. Parker. Any correspondence by Alix Diaz who has hacked email accounts owned by Mr. Green, should also be taken with a degree of skepticism. She’s been off her meds for a few months and things have finally taken their toll. I think her impending divorce to her husband for infidelity is part of the problem. If you’re trying to reach Mr. Green, he can still be reached at pgreen@itspersonaljax.com as he owns the domain and website.”
“A short time later in a second post on the firm’s page, Respondent stated:
Everyone should make sure their loved ones don’t need any mental help. Please check. If your brother, sister, father, mother, or business partner threaten to commit suicide … please get them help, before they hurt someone, themselves, or a trusted client. Luckily, Mr. Green doesn’t have that problem. pgreen@itspersonaljax.com.”
The lawyer told the false Baker Act story to a firm client he saw at Everbank Field in Jacksonville. He also said that the other lawyer in the firm had violated ethics rules and that he would finish the client’s case for free if she would make a statement about the other lawyer. He also told the client he would like to get together for drinks to discuss the case. The lawyer sent numerous texts to the client; however, she did not respond and she subsequently filed a Florida Bar complaint against the lawyer. After the client filed her Bar complaint, the lawyer approached her while she was working as a bartender, slammed his hand down on the bar and said, “Good luck with that complaint.”
The referee recommended a 60 day suspension, a requirement that the lawyer contact Florida Lawyers Assistance, Inc. (FLA, Inc.) within 30 days for an evaluation and comply with all requirements of the evaluation, including an FLA, Inc. contract if one is recommended, and payment of the Bar and FLA costs. The Florida Supreme Court Order adopted the findings of the referee and suspended the lawyer for 60 days with the recommended conditions.
Bottom line: This is a lawyer who engaged in improper conduct while with a law firm and then apparently went out of control after being terminated, including posting disparaging comments on social media. The Court has suspended the lawyer for 60 days and required that he undergo an evaluation through FLA, Inc. and, if recommended, to comply with any and all treatment requirements in an FLA contract.
Be careful out there.
Disclaimer: this Ethics Alert is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
29605 U.S. Highway 19, N., Suite 150
Clearwater, Florida 33761
Office (727) 799-1688
Fax (727) 799-1670
jcorsmeier@jac-law.com
www.jac-law.com
Share this:
Like this:
Leave a comment
Filed under and other derogatory remark, and other derogatory remarks, Attorney discipline, Attorney Ethics, Attorney misrepresentation, dishonesty, Florida Bar, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer abusive e-mails, Lawyer conduct adversely affecting fitness to practice, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer false statements to clients, Lawyer hijacking former firm’s e-mail accounts and making disparaging comments on Facebook, Lawyer misrepresentation, Lawyer sanctions, Lawyer sanctions for lying and posting on social media, Lawyer social media ethics, lawyer suspension social media misconduct, Lawyer threatening e-mails, Lawyer threats and discipline
Tagged as Attorney Ethics, Bar ethics rules, corsmeier, deceit, dishonesty, Florida Bar, Florida Bar discipline, joe corsmeier, joseph corsmeier, Lawyer conduct adversely reflecting fitness to practice, lawyer discipline, lawyer ethics, Lawyer hijacking former firm’s e-mail accounts and making disparaging comments on Facebook