Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

attorneylawyernegligencetestimonytrustprobation
lawyertrustprobationrespondent

Related Cases

Fought & Co., Inc. v. Steel Engineering and Erection, Inc., 87 Hawai‘i 37, 951 P.2d 487
View Case »
Kungys v. United States, 483 U.S. 1017, 107 S.Ct. 3258 (Mem), 97 L.Ed.2d 758
View Case »
U.S. v. Adlman, 134 F.3d 1194, 81 A.F.T.R.2d 98-820, 98-1 USTC P 50,230, 39 Fed.R.Serv.3d 1189
View Case »
Center Partners, Ltd. v. Growth Head GP, LLC, 2012 IL 113107, 981 N.E.2d 345, 367 Ill.Dec. 20
View Case »
People v. Frierson, 25 Cal.3d 142, 599 P.2d 587, 158 Cal.Rptr. 281
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

The Florida Bar v. Grosso, 760 So.2d 940, 25 Fla. L. Weekly S437, 25 Fla. L. Weekly S460

Facts

Domenic Leonard Grosso was the attorney for Michael Cusick, who was on probation after a domestic abuse charge. As part of the probation, Cusick entrusted Grosso with thirty-one firearms, which Grosso was to hold in trust. After Cusick's probation ended, he repeatedly requested the return of his firearms, but Grosso failed to return two of them and did not repair a damaged firearm. Despite Cusick's efforts to retrieve his property, Grosso's responses were evasive, and he ultimately did not comply with the requests, leading to the disciplinary proceedings.

On October 13, 1998, the Bar filed a complaint against respondent, alleging misconduct as to respondent's duties as guardian of property he agreed to keep in his possession during the time that his client, Michael Cusick, was on criminal probation.

Issue

Did Domenic Leonard Grosso violate ethical rules by failing to return his client's property held in trust after repeated requests?

Did Domenic Leonard Grosso violate ethical rules by failing to return his client's property held in trust after repeated requests?

Rule

A lawyer must hold in trust the funds and property of a client and must promptly deliver to the client any funds or property the client is entitled to receive, as per the Rules Regulating The Florida Bar.

A lawyer shall hold in trust funds and property of client; property shall be appropriately safeguarded.

Analysis

The court found that Grosso's actions constituted a failure to safeguard his client's property and a failure to return it promptly. The referee's findings indicated that Grosso had not only neglected his duties but had also provided false testimony regarding the whereabouts of the missing firearms. The court emphasized that the severity of the misconduct warranted a suspension longer than what the referee recommended.

The referee found that respondent had failed to properly safeguard his client's property and had failed to promptly return all items held in trust for his client.

Conclusion

The Supreme Court of Florida ordered a ninety-day suspension of Domenic Leonard Grosso's law license, followed by a one-year probation period, finding that his negligence and prior disciplinary history justified this decision.

Accordingly, respondent is suspended from the practice of law for ninety days, to be followed by a one-year probationary period.

Who won?

The Florida Bar prevailed in this case, as the court agreed with their request for a more severe suspension than the referee had recommended, citing Grosso's negligence and prior disciplinary actions.

The Bar seeks review, requesting a ninety-one day suspension.

You must be