Opinion
SC2024-0121
11-27-2024
The Florida Bar, Complainant(s) v. Ryan M. Layton, Respondent(s)
Lower Tribunal No(s).: 2020-50,259(15A); 2021-50,127(15A); 2022-50,594(15A); 2023-50,099(15A); 2024-50,005(15A); 2024-50,053(15A); 2024-50,548(15A)
The disposition order has been corrected to add three additional Florida Bar File numbers.
The Court hereby approves the conditional guilty plea and consent judgment for discipline under the stipulated terms below.
Stipulation
Respondent is suspended from the practice of law for one-year, effective 30 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 30 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 also must fully comply with Rule Regulating The Florida Bar 3-6.1, if applicable.
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 order; 3. provide a copy of this suspension order 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 cocounsel; and all opposing counsel, as required by Rule 3-5.1(h);
4. provide a copy of this suspension order 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; and
5. 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.
Respondent must within 30 days from the date of this order:
1. cease all practice of law in Florida;
2. 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;
3. withdraw from representation of all clients;
4. wind down all pending matters;
5. 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;
6. 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;
7. provide the bar's headquarters office in Tallahassee with an affidavit listing all of the following that respondent notified of this suspension order: 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; all opposing counsel; and each bank or financial institution in which respondent maintains any account holding funds of clients or third parties in respondent's possession in connection with representation; and
8. provide the bar's headquarters office in Tallahassee with an affidavit listing the receipt and location of any fees or other sums received in connection with the practice of law received by respondent after issuance of this suspension order.
Respondent voluntarily contacted Florida Lawyers Assistance, Inc. (FLA, Inc.) and had an evaluation. The evaluation recommended that respondent enter into a one-year rehabilitation contract which respondent did on July 8, 2024. FLA, Inc. will monitor respondent's compliance during the suspension period. FLA, Inc. will report any substantial or insubstantial breach to The Florida Bar during the contract period.
Before petitioning for reinstatement from his suspension, respondent must undergo a comprehensive mental health and substance abuse evaluation by an approved Florida Lawyers Assistance, Inc. (FLA, Inc.) provider, enter a rehabilitation contract, if recommended by FLA, Inc. and receive a recommendation from Florida Lawyers Assistance, Inc. in support of the reinstatement.
Upon reinstatement, respondent must attend The Florida Bar's Ethics School in person, where scheduled by the bar, within 3 months of Court's order granting reinstatement, and pay associated fees totaling $750.00 before attendance.
Respondent shall pay the bar's discipline costs.
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 Ryan M. Layton in the amount of $6,529.95, 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.
MUNIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.