Florida Bar v. Watson

76 So. 3d 915, 36 Fla. L. Weekly Supp. 713, 2011 Fla. LEXIS 2851, 2011 WL 6090078
CourtSupreme Court of Florida
DecidedDecember 8, 2011
DocketNo. SC09-2022
StatusPublished
Cited by4 cases

This text of 76 So. 3d 915 (Florida Bar v. Watson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Bar v. Watson, 76 So. 3d 915, 36 Fla. L. Weekly Supp. 713, 2011 Fla. LEXIS 2851, 2011 WL 6090078 (Fla. 2011).

Opinion

PER CURIAM.

We have for review a referee’s report recommending that William Bedford Watson, III, be found guilty of professional [917]*917misconduct and suspended from the practice of law for ninety days. We have jurisdiction. See art. V, § 15, Fla. Const. We approve the referee’s findings of fact. For the reasons discussed herein, we disapprove the referee’s recommendation that Watson be found not guilty of violating Rule Regulating the Florida Bar 4-8.4(c). We find that Watson is guilty of three violations of the rule. We approve the referee’s recommendations that Watson be found guilty of four violations of rule 5-1.1(b). We disapprove the referee’s recommended sanction of a ninety-day suspension and instead impose a three-year suspension, effective, nunc pro tunc, October 1, 2009.1

FACTS

The Florida Bar filed a disciplinary complaint, with four counts, alleging that Respondent Watson engaged in financial transactions that violated the Rules Regulating the Florida Bar. The Bar contended that Respondent engaged in misconduct involving dishonesty, fraud, deceit, or misrepresentation in disbursing third-party funds from his trust account and that he did not apply the funds he held in trust to the specific purpose for which they were intended.

Count I addressed a transaction involving Steven Hooks, asserting violations of rules 4-8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation) and 5-l.l(b) (money or other property entrusted to an attorney for a specific purpose is held in trust and must be applied only to that purpose). Count II alleged a violation of rule 5-1.1(b) based on a transaction involving Karl Brown. Count III presented a transaction involving Marian Reid, asserting violations of rules 4-8.4(e) and 5 — 1.1(b). Count IV alleged a violation of rule 5 — 1.1(b) based on a transaction involving Brandon Bury. A referee was appointed who held hearings and submitted a report to the Court making the following findings and recommendations.

Phil Walton, Jason Meyer, and Navin Subramaniam-Xavier. Respondent has provided legal services to Phil Walton numerous times since 2002 or 2003. According to testimony, Walton makes his living through commercial transactions that assist individuals in obtaining financing for projects.

Jason Meyer is a developer. In 2007 and 2008, Meyer requested Walton’s assistance in obtaining a “financing device” that they referred to as a “standby letter of credit.” The witnesses were not consistent in explaining how this financing device was supposed to function in their situation, but testimony indicates it was sought to assist Meyer in funding a development project. As Meyer was having difficulty obtaining the standby letter of credit, Walton suggested that Meyer contact Respondent, who had experience handling “international transactions, transactional funding, and large real estate projects.” Report of Referee at 2-3. In January 2008, Meyer asked Respondent to represent him in seeking the standby letter of credit. Respondent accepted the responsibilities, although he never personally met Meyer — all of their contact was by telephone or email.

Respondent determined that a standby letter of credit had been issued but had not been funded. In an effort to obtain funding, Meyer asked Walton to seek aid from Navin Subramaniam-Xavier, who [918]*918was in Florida working as a commodity trader and investor. Based on the testimonies, Meyer needed to raise money to serve as collateral that would convince a bank to issue a standby letter of credit. Thus, Meyer was seeking investors to place their funds into an account, which would serve as the demonstrated collateral. It was determined that the investors’ funds would be held in Respondent’s trust account. The investors were informed that their monies would be returned to them, with exceptional interest, within a few days.

Meyer introduced Respondent to Subra-maniam-Xavier during a telephone conversation. Subsequently, Respondent and Subramaniam-Xavier had numerous telephone conversations throughout January 2008 concerning Subramaniam-Xavier’s potential investment in Meyer’s project. Respondent told Subramaniam-Xavier that these types of transactions were secure.

Previously, Subramaniam-Xavier had acted as a mortgage broker for Brown. Subramaniam-Xavier asked Brown about Respondent’s reputation and credentials. Brown determined that Respondent was an AV rated lawyer with a good reputation.

Thereafter, Subramaniam-Xavier obtained $400,000 from his uncle, who lived in Singapore, to partially fund Meyer’s project. On January 14, 2008, Subraman-iam-Xavier and Meyer signed a contract that Subramaniam-Xavier had prepared. The agreement specifically provided that Subramaniam-Xavier’s funds would be held in Respondent’s trust account. In return for their investment, Subraman-iam-Xavier and his uncle would be paid the entire principal of $400,000, plus the substantial additional amount of $300,000, within 48 hours. Respondent did not have any role in the negotiations or preparation of the contract.

On January 15, 2008, Subramaniam-Xa-vier transferred the $400,000 into Respondent’s trust account. That same day, Respondent wrote a letter to Subramaniam-Xavier that acknowledged the agreement, and he had a telephone conversation with Subramaniam-Xavier regarding the funds. During this conversation, Subramaniam-Xavier told Respondent that the funds could be released from the trust account and disbursed according to Meyer’s instructions. This oral agreement was confirmed by email messages between Respondent and Subramaniam-Xavier.

Following instructions from Meyer, Respondent disbursed the funds from his trust account. Even though Subraman-iam-Xavier did not receive the payments as agreed in the contract, neither he nor his uncle complained about the transaction.2

Steven Hooks. Hooks is an investor and financial consultant in Texas. He understood that Meyer was in the process of [919]*919securing funds for a development project in Arizona. They had numerous telephone conversations, some of which included Respondent. The terms of the eventual agreement, however, were negotiated by Hooks and Meyer. Respondent was not involved with the negotiations.

Hooks understood from Meyer that for his investment of $300,000, Hooks would receive a return of $600,000 within 48 hours. Hooks thought his funds would remain in Respondent’s trust account and not be disbursed without his permission. He concluded that Respondent was an independent escrow agent and not Meyer’s lawyer.

On January 16, 2008, Respondent wrote and emailed Hooks a letter with copies sent to Meyer and Walton, which Respondent calls a “disbursement letter.” Respondent testified that he prepared this letter based on his understanding of the transaction. Hooks received the email and believed that it accurately reflected the transaction, especially the point that his funds would remain in Respondent’s trust account. However, a few hours after receiving the email, Meyer made handwritten changes to it and transmitted the revised copy by email to Hooks and Respondent. Hooks denies receiving this changed version of the email. Respondent confirms that he received the changed version, but admits that he did not communicate with Hooks regarding the changes.

On January 22, 2008, Hooks transferred $300,000 into Respondent’s trust account.

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Cite This Page — Counsel Stack

Bluebook (online)
76 So. 3d 915, 36 Fla. L. Weekly Supp. 713, 2011 Fla. LEXIS 2851, 2011 WL 6090078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-watson-fla-2011.