In a significant crackdown on legal misconduct, the Florida Supreme Court has taken action against nine attorneys, suspending five in one fell swoop. Notably, among those facing sanctions is veteran South Florida lawyer Roger Barry Davis, whose five-decade-long career abruptly ended. Local 10 News covered his emergency suspension following a damning Florida Bar investigation that uncovered "misappropriation of client funds."
Davis, based in Hallandale Beach, incurred the wrath of the Bar when auditors discovered that he had been using funds from the accounts of a deceased client. According to an emergency suspension petition revealed by the Bar, Davis spent over $13,000 of a man he previously represented, even four years after the client's passing. Local 10 News, which had previously attempted to contact Davis for comment, reported that the deceased client's niece had been misled by Davis with "material misrepresentations" regarding her late uncle's finances.
The noose has tightened around Davis' long career with the order effective May 22, allowing a 30-day grace period for him to wrap up his practice. A spokesperson for the Bar confirmed with Local 10 News that "the lawyer remains suspended thereafter until further order." This disciplinary action was confirmed by a recent Florida Bar post on X which stated the Supreme Court's orders involving the nine lawyers.
⚠️ANNOUNCEMENT⚠️
— The Florida Bar (@TheFlaBar) April 30, 2024
The Florida Supreme Court, in recent orders, has disciplined nine attorneys, suspending five, extending the ineligibility of one, and reprimanding three. Read the full release on the Florida Bar website. https://t.co/2FoktCcnXl pic.twitter.com/mUL1A5e5Bf
The other leg of the allegations against Davis stems from tampering with a $3,500 settlement intended for a different client. Having deposited the money into his personal account, Davis swindled funds meant to redress woes from Volkswagen. He later threw his client a bone, paying out only a portion of the settlement derived from a "new source of funds," essentially running a scheme akin to a financial shell game. As the Bar's petition starkly conveys, "One cannot use client money received today for an attorney’s personal purposes banking on it being replaced in time for a client payment in the future," according to Local 10 News.
It remains to be seen whether Davis faces criminal investigation or charges, but for those he once represented, trust in their advocate has been both shaken and stirred. While the fallout continues, the Florida Bar's swift action served as a stark reminder of the necessity of maintaining a fiduciary fortress when it comes to client funds.
