Opinion
SC2023-1705
06-06-2024
The Florida Bar, Complainant(s) v. David W. Veliz, Respondent(s)
Lower Tribunal No(s).: 2023-30,408 (9C)
The Court hereby approves the Stipulation below that Respondent receive a 10-day suspension.
Stipulation
The uncontested report of referee is approved, and respondent is suspended from the practice of law for 10 days, effective thirty days from the date of this order so that respondent can close out respondent's practice and protect the interests of existing clients. If respondent notifies this Court in writing that respondent 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. Respondent must fully comply with Rule Regulating The Florida Bar 3-5.1(h). Respondent must also fully comply with Rule Regulating The Florida Bar 3-6.1, if applicable. Respondent is here by ordered to:
A. Respondent must immediately:
1. Accept no new clients from the date of this order;
2. Initiate no litigation on behalf of clients from the date of this Court's order;
3. Provide a copy of this Court's order of suspension to all courts, tribunals, or adjudicative agencies before which respondent is counsel of record; all state, federal, or administrative bars of which respondent is a member; all clients; all co-counsel; and all opposing counsel, as required by Rule Regulating The Florida Bar 3-5.1(h);
4. Cease withdrawing or disbursing any money from any trust account or other financial institution account holding funds of clients or third parties in respondent's possession in connection with legal representation or funds of third parties in connection with respondent's service as a fiduciary including, but not limited to, personal representative, guardian, or trustee, until further order of this Court, a judicial referee appointed by this Court, or the circuit court in an inventory lawyer proceeding instituted under Rule 1-3.8;
5. Not transfer any ownership of any real or personal property purchased in whole or in part with funds of clients or third parties in connection with legal representation or with funds of third parties in connection with respondent's service as a fiduciary including, but not limited to, personal representative, guardian, or trustee, without approval of this Court, a judicial referee appointed by this Court, or the circuit court in an inventory lawyer proceeding instituted under Rule 1-3.8;
6. Deposit any fees or other sums received in connection with the practice of law or employment as a personal representative, guardian, or trustee, by the respondent on or after the date of this order into a specified trust account from which withdrawal may only be made by order of this Court, a judicial referee appointed by this Court, or the circuit court in an inventory lawyer proceeding instituted under Rule 1-3.8;
7. Provide a copy of this order of suspension to all banks and financial institutions where the respondent maintains any account holding funds of clients or third parties in respondent's possession in connection with representation or funds of third parties in connection with respondent's service as a fiduciary including, but not limited to, personal representative, guardian, or trustee;
8. Comply with, and provide all documents and testimony responsive to, a subpoena from the bar for trust account records and any related documents necessary for the bar to conduct a trust account audit;
9. Authorize any referee appointed in these proceedings to determine entitlement to funds in any trust accounts frozen as a result of an order entered in this matter; and turn over to any successor the complete financial records of any estate, guardianship, or trust in which respondent served as a fiduciary on the successor's appointment; and
10. Cease holding respondent out as a Florida Bar member or lawyer and eliminate all indicia of respondent's status as a Florida Bar member or lawyer on websites, social media, telephone listings, stationery, checks, business cards, office signs, email address, and any other indicia of respondent's status as a Florida Bar member or lawyer.
B. Respondent must within 30 days from the date of this order:
1. Cease all practice of law in Florida;
2. Withdraw from representation of all clients;
3. Wind down all pending matters;
4. Cease acting as a fiduciary, including, but not limited to, personal representative for any estate, guardian for any ward, and trustee for any trust;
5. Provide the bar's headquarters office in Tallahassee with an affidavit listing all of the following that respondent notified of this order of suspension: all courts, tribunals, or adjudicative agencies of which respondent is a member; all state, federal, or administrative bars of which respondent is a member; all clients; all co-counsel; and all opposing counsel.
6. Provide the bar's headquarters office in Tallahassee with an affidavit listing each bank or financial institution respondent provided with a copy of this order of suspension; and
7. Notify the bar's headquarters office in Tallahassee of the receipt and location of any fees or other sums received in connection with the practice of law or in connection with respondent's service as a fiduciary, including, but not limited to, personal representative, guardian, or trustee, received by respondent after issuance of this order of suspension.
Respondent is further directed to comply with all other terms and conditions set forth in the consent judgment.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from David W. Veliz in the amount of $1,679.57, for which sum let execution issue. These disciplinary costs are not dischargeable in any future proceedings, including, but not limited to, a petition for bankruptcy. Respondent will be delinquent and ineligible to practice law if respondent does not satisfy the cost judgment within 30 days of this order, unless The Florida Bar Board of Governors defers payment.
Not final until time expires to file motion for rehearing and, if filed, determined. The filing of a motion for rehearing will not alter the effective date of this suspension.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.