in the supreme court of florida the florida bar, · pdf filein the supreme court of florida...

32
IN THE SUPREME COURT OF FLORIDA The Florida Bar, CASE No.: Re: KEVIN JOHN MORRIS, Petitioner. PETITION FOR REINSTATEMENT COMES NOW, KEVIN JOHN MORRIS, Petitioner, and respectfully files this Petition For Reinstatement to membership in good standing in The Florida Bar pursuant to Rule 3-7.10, Rules of Discipline of the Rules Regulating The Florida Bar. Petitioner was suspended for ninety-one (91) days, effective November 19, 2016, pursuant to Rule 3-5.1(e), Rules Regulating The Florida Bar. The term of the suspension is e mpleted and Petitioner is permitted to seek reinstatement. This Petition is accompanied by: A. Proof of remittance to The Florida Bar, pursuant to Rule 3-7.10(1)(5), of the sum of five hundred dollars ($500.00), representing a deposit for costs. A copy of Check #4407 is attached hereto as Exhibit A. B. Proof of payment of all disciplinary costs assessed against Petitioner in the amount of $4,484.98. A copy of Check #4385 endorsed by The Florida Bar and posted on December 12, 2016 is attached hereto as Exhibit B. C. A copy of correspondence dated January 6, 2017 from The Florida Bar's office of Lawyer Regulation Headquarters stating that Petitioner's file is closed because on December 9, 2016 Petitioner satisfactorily remitted all required payments and attended Ethics School is attached hereto as Exhibit C. D. A copy of the disciplinary judgment previously entered against Petitioner,

Upload: doandieu

Post on 27-Mar-2018

239 views

Category:

Documents


6 download

TRANSCRIPT

Page 1: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

IN THE SUPREME COURT OF FLORIDA

The Florida Bar,CASE No.:

Re: KEVIN JOHN MORRIS,

Petitioner.

PETITION FOR REINSTATEMENT

COMES NOW, KEVIN JOHN MORRIS, Petitioner, and respectfully files this Petition

For Reinstatement to membership in good standing in The Florida Bar pursuant to Rule 3-7.10,

Rules of Discipline of the Rules Regulating The Florida Bar.

Petitioner was suspended for ninety-one (91) days, effective November 19, 2016,

pursuant to Rule 3-5.1(e), Rules Regulating The Florida Bar. The term of the suspension is

e mpleted and Petitioner is permitted to seek reinstatement.

This Petition is accompanied by:

A. Proofof remittance to The Florida Bar, pursuant to Rule 3-7.10(1)(5), of the sum

of five hundred dollars ($500.00), representing a deposit for costs. A copy of

Check #4407 is attached hereto as Exhibit A.

B. Proofofpayment of all disciplinary costs assessed against Petitioner in the

amount of $4,484.98. A copy of Check #4385 endorsed by The Florida Bar and

posted on December 12, 2016 is attached hereto as Exhibit B.

C. A copy of correspondence dated January 6, 2017 from The Florida Bar's office of

Lawyer Regulation Headquarters stating that Petitioner's file is closed because on

December 9, 2016 Petitioner satisfactorily remitted all required payments and

attended Ethics School is attached hereto as Exhibit C.

D. A copy of the disciplinary judgment previously entered against Petitioner,

Page 2: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

consisting of the Supreme Court Order ofFlorida, dated October 20, 2016,

approving the Report OfReferee Accepting Consent Judgment, dated September

30, 2016 is attached hereto as Exhibit D.

E. Written authorization prepared by Petitioner to the District Director of Internal

Revenue Service and IRS Form 8821 permitting the release ofPetitioner's federal

income tax returns since admission to The Florida Bar is attached as Exhibit E.

The following information is furnished in compliance with Rule 3-7.10, Rules of

Discipline of the Rules Regulating The Florida Bar.

(1) Name: Kevin John Morris

Age: 56 yearsD.O.B.: January 24, 1961Address: 2511 - 68* Avenue South

St. Petersburg, FL 33712

DEPENDENTS: None.

(2) DATE OF SUSPENSION AND OFFENSES:

In Florida Supreme Court Case Number SC15-2251, Florida Bar File Number 2015-

10,784(6D), The Florida Supreme Court entered an Order on October 20, 2016, suspending

Petitioner, effective November 19, 2016, for violating the following Rules Regulating The

Florida Bar: Rule 4-1.1 (Competence); Rule 4-1.2(a) (Objectives and Scope ofRepresentation:

Lawyer to Abide by Client's Decisions); Rule 4-1.4 (Communication); and Rule 4-1.14 (Client

under a Disability).

Page 3: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

(3) NAME AND ADDRESS OF COMPLAINING WITNESS AND REFEREE:

Complaining Witness: The Florida Bar4200 George J. Bean ParkwaySuite 2580Tampa, FL 33607-1496

Referee in Disciplinary Proceeding: The Honorable Leigh Frizzell HayesLee County Courthouse350 East Marion AvenuePunta Gorda, FL 33950-3727

(4) OCCUPATION SINCE SUSPENSION:

Petitioner was not employed during the 91-day suspension.

(5) MONTHLY INCOME AND OTHER EARNINGS DURING SUSPENSION:

Petitioner relied upon savings to pay monthly debts and obligations during the 91-days.

(6) RESIDENCE DURING SUSPENSION:

Petitioner owns residence below:2511 - 68* Avenue South, St. Petersburg, FL 33712

(7) FINANCIAL OBLIGATIONS AND CREDITORS:

No judgments.

Monthly utility bills (electricity, cable, water, etc.) are current.

Credit card debt is current and paid in full each month.

Home mortgage is current, with Wells Fargo, P.O. Box 14411, Des Moines, IA 50306.

Student loan is current with Department of Education, P.O. Box 9760,Wilkes-Barre, PA 18773.

(8) STATEMENT OF RESTITUTION:

None, not applicable.

(9) RECORD OF ARRESTS AND PROSECUTIONS SUBSEQUENT TOSUSPENSION:

None, not applicable.

Page 4: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

(10) APPLICATIONS FOR LICENSES REQUIRING PROOF OF GOODCHARACTER SUBSEQUENT TO SUSPENSION:

None, not applicable.

(11) PROCEEDINGS INVOLVING STANDING AS A MEMBER OF ANYORGANIZATION OR AS A LICENSE HOLDER SUBSEQUENT TOSUSPENSION:

None, not applicable.

(12) PROCEEDINGS OR CHARGES INVOLVING CLAIMS OF FRAUDSUBSEQUENT TO SUSPENSION

None, not applicable.

(13) GROUNDS FOR REINSTATEMENT

At the time of the events in September, 2013 giving rise to these proceedings, I believed I

was providing proper representation and taking the appropriate actions to provide competent and

zealous representation. A portion of this representation involved an area of law that was

previously unfamiliar to me; so I consulted with other attorneys more experienced than I

regarding guardianships and the utilization of the legal construct known as "next friend."

As the Florida Bar grievance process continued through 2015 and 2016, I became aware

of additional actions that I could have and should have taken to provide a fuller and more

comprehensive representation as required by the unique set of circumstances the representation

in this matter entailed.

Please find attached as Exhibit F a few letters of recommendations from Florida

attorneys who have known me for decades indicating their opinions about my fitness for the

practice of law.

(14) ALL CIVIL ACTIONS

None, not applicable.

Page 5: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

(15) COMMUNITY SERVICE

Community service provided in chronological order as follows:

July 27, 2016 - Acted as a proctor at the Florida Bar Exam in Tampa, Florida. (This wasprior to the commencement of the 91-day suspension, it was just after I hadsigned the Consent Judgment.)

December 17, 2016 - Volunteered with about 30 others in an organized one-day clean-upof the park grounds around the Sunshine Sky Bridge. This Saturday eventremoved four trucks worth of garbage littering the grounds.

January, 2017 - Paid annual membership dues for the 'Friends ofthe MirrorLake Public Library' in St. Petersburg, Florida. Being a 'Friend' consists ofvolunteerism, fundraising, sponsorship by way of donating time, money, talents,etc. to the various programs offered each year at this branch.

January 16, 2017 - Volunteered with about 150 others on Martin Luther King, Jr. Day foran organized beautification project of a local elementary school. This day-longproject consisted of landscaping, planting, painting, repairs, renovations, etc. Wevolunteers brought our own tools and worked, a local restaurant provided a saladand pasta lunch.

February 1-5, 2017 - Volunteered with about 50 others for the set-up and running of anart festival (with music and food) on municipal grounds. These few daysconsisted ofputting up and taking down canopies/tents, keeping groundsclear/clean and otherwise doing tasks as assigned and needed.

CONTINUING LEGAL EDUCATION AND BAR DUES:

I am currently compliant with all Continuing Legal Education requirements. During

December, 2016 and January, 2017, I completed the 33 (actually did 34 - one extra) hours of

Continuing Legal Education required for my next reporting date in January, 2019. These 33

hours include the 8 hours in Ethics, and the 3 hours in Technology as mandated by the new

requirements effective for reporting periods as of2017, see attached Exhibit G.

My annual Florida Bar dues are current; as they continuously have been since I joined

The Florida Bar in 1994.

Page 6: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

WHEREFORE, and by reason of the foregoing, Petitioner prays that this Honorable

Court reinstate him as a member in good standing to The Florida Bar.

KE J O S, Petitioner

STATE OF FLORIDACOUNTY OF PINELLAS

The foregoing Petition For Reinstatement was acknowledged before me on this the 17*

day ofFebruary, 2017, by KEVIN JOHN MORRIS, who has produced a Florida Drivers License

as identification.

Michael HauptNotary Public

State of FloridaMy Commission Expires 12/15/19 NOTARY PUBLIC - State ofFlorida

Commission No. FF 943656

My Commission Expires:ICh46| ÍdhrM

/ / 2BI Stamped, Typed or Printed Name ofNotary

Page 7: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

EXHIBIT "A"

Page 8: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

KEVIN J. MORRIS, P.A. 4407447 3RD AVE N STE 200SAINT PETERSBURG, FL 33701-3246 63-27/631 FL

DATE

DOI I ARS

BankofAmericaACH R/T 063100277

FOR .___

it'OO

Page 9: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

EXHIBIT "B"

Page 10: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

Mdhca { Nim Berting { Accotrits [ Account Details | Account Activity Page 1 of 1

BankofAmericaP o

Business Fundamentals Chk - 8944: Account Activity Transaction Details

Check number: 00000004385

Post date: 12/12/2016

Amount: -4,484.98

Type: Check

Description: Check

Merchant name: THE FLORIDA BAR

Transaction Restaurants & Dining: Restaurants/Diningcategory:

invm J. MORMS, P.A. Oilf 85- _ 44T51DAVENSFEsc0 -

8A9EPETER580ER.3N01-3315 - DME

uwena .

a

Page 11: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

EXHIBIT "C"

Page 12: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

@The Florida Bar

651 East Jefferson StreetTallahassee, FL 32399-2300

John F. Harkness, Jr. 850/561-5600Executive Director www.FLORIDABAR.org

January 6, 2017

Mr. Gregory Scott Roe9609 Northcliffe Blvd.Spring Hill, FL 34608-3450

Re: The Florida Bar v. Kevin John Morris; Supreme Court Case No.: SC15-2251TFB File No. 2015-10,784(6D)

Dear Mr. Roe:

Our records show that your client has paid all requisite costs, submitted the affidavit pursuant toRule 3-5.1(h), Rules Regulating The Florida Bar, and successfully attended and completedEthics School on December 9, 2016 in Tallahassee in the above referenced matter. Therefore,your client's file with this office has been closed.

Please do not hesitate to contact me at (850) 561-5776 should you have any further questions.

Sincerely,

Melissa M. Mara, CP, FRPCertified ParalegalLawyer Regulation Headquarters

/mmm

cc: Kevin John Morris

Page 13: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

EXHIBIT "D"

Page 14: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

Filing'# 47851938 E-Filed 10Ô016 07:44:18 AM

Supreme �254ourtof floríbaTHURSDAY, OCTOBER 20, 2016

CASE NO.: SC15-2251Lower Tribunal No(s).:

2015-10,784 (6D)

THE FLORIDA BAR vs. KEVIN JOHN MORRIS

Complainant(s) Respondent(s)

The uncontested report of the referee is approved and respondent is

suspended from the practice of law for ninety-one days, effective thirty days from

the date of this order so that Respondent can close out his practice and protect the

interests ofexisting clients. IfRespondent notifies this Court in writing that he 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 shall fully comply with Rule Regulating the Florida Bar 3-5.1(h). In

addition, respondent shall accept no new business from the date this order is filed

until he is reinstated.

Respondent is further directed to attend The Florida Bar's Ethics School

under the terms and conditions set forth in the report and consent judgment.

Page 15: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

CASE NO.: SC15-2251Page Two

Judgment is entered for The Florida Bar, 651 East Jefferson Street,

Tallahassee, Florida 32399-2300, for recovery of costs from Kevin John Morris in

the amount of$4,484.98, for which sum let execution issue.

Not final until time expires to file motion for rehearing, and if filed,

determined. The filing ofa motion for rehearing shall not alter the effective date

ofthis suspension.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,and PERRY, JJ., concur.

A True CopyTest:

John A. TomasinoClerk. Supreme Court

ldServed:

JODI ANDERSON THOMPSONKATRINA S. BROWNGREGORY SCOTT ROEADRIA E. QUINTELAHON. LEIGH FRIZZELL HAYES, JUDGE

Page 16: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

IN THE SUPREME COURT OF FLORIDA(Before a Referee)

THE FLORIDA BAR, Supreme Court CaseNo. SC15-2251

The Florida Bar Filev. No. 2015-10,784 (6D)

KEVIN JOHN MORRIS,

Respondent.

REPORT OF REFEREE ACCEPTING CONSENT JUDGMENT

I. SUMMARY OF PROCEEDINGS

Pursuant to the undersigned being duly appointed as referee to conduct

disciplinary proceedings herein according to Rule 3-7.6, Rules ofDiscipline, the

following proceedings occurred:

On December 7, 2015, The Florida Bar filed its Complaint against

Respondent, and on January 14, 2016, The Florida Bar filed its Amended

Complaint against Respondent. All of the aforementioned pleadings, responses

thereto, notices, motions, orders, transcripts, exhibits, and this Report constitute the

record in this case and are forwarded to the Supreme Court of Florida.

The following attorneys appeared as counsel for the parties:

For The Florida Bar: Katrina S. Brown, Esq. andJodi A. Thompson, Esq.

Page 17: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

For Respondent: Gregory S. Roe, Esq.

II. FINDINGS OF FACT

A. Jurisdictional Statement. Respondent is, and at all times

mentioned during this investigation was, a member ofThe Florida Bar, subject

to the jurisdiction and disciplinary rules of the Supreme Court ofFlorida.

B. Narrative Summary of Case.

On September 8, 2013, Mr. Dustin Krumm was injured in an automobileaccident. He was hospitalized in a coma with life-threatening injuries. OnSeptember 10, 2013, Ms. Faith Lobdell, Mr. Krumm's wife, telephonedRespondent to pursue a personal injury claim against the tortfeasor.

On September 11, 2013, Respondent met Ms. Lobdell and Mr. Krumm'sparents (who flew in from Iowa) at the hospital. Respondent asked Ms. Lobdelland learned she did not have a power of attorney for her husband, that Mr.Krumm's parents were Iowa residents, and that the hospital was having Ms.Lobdell sign documents for the medical care Mr. Krumm was receiving as his nextof kin. Respondent presented Ms. Lobdell with an Authority to Represent(contingency fee agreement) and a Client's Bill of Rights. Ms. Lobdell signed hername to both documents. Ms. Lobdell signed Mr. Krumm's name followed by "aswife of' to both documents.

Respondent immediately commenced the legal representation ofMr. Krummfor a Bodily Injury (BI) claim and of Ms. Faith Lobdell for a Loss of Consortiumclaim against the tortfeasor through the tortfeasor's insurance carrier. Respondenttelephoned the tortfeasor's insurance carrier and asserts that he told the adjustorMr. Krumm was in a coma and it was uncertain if he would survive. The adjustorinformed Respondent that Ms. Lobdell previously informed the carrier of this.Respondent and the adjustor had a few telephone conversations on this date.

Respondent learned from the tortfeasor's insurance carrier that thetortfeasor's Bodily Injury (BI) policy limit was $25,000. Respondent learned fromMr. Krumm's insurance carrier that he did not carry Uninsured/Under-insuredMotorist (UM) coverage on his auto insurance policy. Respondent had a privateinvestigator conduct an asset check on the tortfeasor and ascertained she was

2

Page 18: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

adequately insured for her net worth. Ms. Lobdell instructed Respondent to settlewith the tortfeasor's insurance company for the policy limit. Respondent relayedthis to the tortfeasor's insurance company. On September 12, 2013, the tortfeasor'sinsurance carrier mailed Respondent the settlement Release and check for $25,000.

On September 17, 2013, Respondent met Ms. Lobdell, and presented thedocument titled "General Release (Husband and Wife)." This Release settled all ofMr. Krumm's bodily injury claims and Ms. Lobdell's loss of consortium claimsarising from the September 8, 2013 accident for the amount of $25,000, therebyfully releasing the tortfeasor from any further personal liability. Ms. Lobdell signedher name then signed her husband's name followed by printing "FAITH LOBELLAS WIFE" on the side of the page in Respondent's presence.

Respondent notarized Ms. Lobdell's signature and Mr. Krumm's signatureboth of which were actually signed by Ms. Lobdell, on the General Release.Respondent's notarization statement detailed that Mr. Krumm personally appearedbefore him and being duly sworn, acknowledged that Mr. Krumm executed theforegoing Release as his free act and deed, and that Mr. Krumm had read the sameand knew the contents thereof. Respondent mailed to the tortfeasor's insurancecarrier the General Release with a cover letter. The cover letter failed to referencethat Mr. Krumm was still in a coma and that Ms. Lobdell signed the Release onbehalfofher husband and herself.

On September 17, 2013, Respondent presented to Ms. Lobdell the $25,000settlement check made payable to "DUSTIN KRUMM and FAITH LOBDELLindividually and as husband and wife." Ms. Lobdell endorsed the check by signingher name and by signing Mr. Krumm's name. Mr. Krumm's endorsement wasrequired as he was a payee on the check. Respondent deposited the check into thetrust account before reviewing the wife's endorsements.

On September 25, 2013, Ms. Lobdell went to Respondent's office andsigned a Disbursement Statement showing that the clients would receive $17,500and Respondent would receive $7,500, Respondent reduced the contingency feeand waived all costs. Ms. Lobdell signed her name and Mr. Krumm's name on theDisbursement Statement. Respondent gave Ms. Lobdell a check in the amount of$17,500, made payable to Ms. Lobdell. Respondent took Ms. Lobdell to the bankand introduced her to the bank manager. Ms. Lobdell went with the bank managerto a private office and asked that he remit the $17,500 in cash to avoid any liensthat medical care providers might place on those settlement proceeds.

3

Page 19: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

Respondent relied on Ms. Lobdell's statements to him that her husband wasin a coma throughout the 14 days Respondent represented the couple. In 2014, Mr.Krumm recovered and learned of the aforementioned events. Mr. Krumm neveragreed to Respondent's fee, and Respondent failed to hold the settlement funds intrust pending authorization from Mr. Krumm.

Respondent believed Ms. Lobdell had authority to act on behalf of hercomatose husband, Mr. Krumm, by utilization of the legal construct known as"Next Friend" found in Florida Rule Of Civil Procedure 1.210(b). FurtherRespondent contends that he relied upon the application of "Next Friend" asclarified in personal injury causes of action, including, but not limited to, thefollowing: Moye v. General Motors Corporation, 77 So. 2d 875 (Fla. 1955), In ReGuardianship of Deily, 37 So. 3d 277 (Fla. 2d DCA 2010), and Phillips v.Nationwide Mutual Insurance Co., 347 So. 2d 465 (Fla. 2d DCA 1977).Respondent believed Ms. Lobdell as "next friend" stepped into the shoes of hercomatose husband, and thereby became authorized to act on his behalf and sign hisname while he was unable to handle his own affairs.

III. RECOMMENDATIONS AS TO GUILT

I recommend that the Conditional Guilty Plea for Consent Judgment be

accepted and that Respondent be found guilty ofviolating the following Rules

Regulating The Florida Bar: Rule 4-1.1 (Competence); Rule 4-1.2(a) (Objectives

and Scope ofRepresentation: Lawyer to Abide by Client's Decisions); Rule 4-1.4

(Communication); and Rule 4-1.14 (Client under a Disability).

IV. STANDARDS FOR IMPOSING LAWYER SANCTIONS

I considered the following Standards prior to recommending discipline:

4.5 Lack ofCompetence4.52 Suspension is appropriate when a lawyer engages in an area ofpractice inwhich the lawyer knowingly lacks competence, and causes injury or potentialinjury to a client.

4

Page 20: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

9.22 Aggravating Factors(d) multiple offenses; and(h) vulnerability ofvictim.

9.32 Mitigating Factors(a) absence of a prior disciplinary record; and(1) remorse.

V. CASE LAW

I considered the following case law prior to recommending discipline:

In Florida Bar v. Baker, 810 So. 2d 876 (Fla. 2002) (91-day suspension), theCourt suspended Baker for 91-days for forging his ex-wife's signature on legaldocuments related to the sale of a home owned by Baker and his ex-wife, andPerpetuating the fraud by having his secretary notarize the unlawfully signeddocuments and by submitting the documents to Baker's attorney for use in the realestate closing. The Court stated that misconduct not connected with the practice oflaw is to be evaluated differently and may warrant less severe sanctions thanmisconduct committed in the course of the practice of law.

In Florida Bar v. Santiago Eljaiek, IH, 2016 WL 661416 (Fla. 2016)(unpublished table decision), Eljaiek received a public reprimand and was orderedto attend Ethics School. In 2009, Eljaiek notarized a deed that was given to him bythe husband and affixed with both the husband's and wife's signatures. Threeyears later, the couple filed for divorce. The wife filed a Bar complaint againstEljaiek, alleging that during the course of the dissolution ofmarriage action, sh.ediscovered that her husband had transferred ownership of their condo without herknowledge. In response to the Bar complaint, Eljaiek admitted that the wife'ssignature was already affixed to the deed when it was brought to him, and that shewas not present when he notarized the deed. Eljaiek further alleged that he spoke tothe wife on the telephone to confirm that she was aware of the transaction and thatit was in fact her signature on the deed. The wife denied that she had the telephoneconversation with Eljaiek.

5

Page 21: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

VI. RECOMMENDATION AS TO DISCIPLINARY MEASURES TO BEAPPLIED

Pursuant to the Conditional Guilty Plea for Consent Judgment, I recommend

that Respondent be found guilty ofmisconduct justifying disciplinary measures,

and that he be disciplined by:

A. 91-day suspension from the practice of law.

B. Attendance at Ethics School within six (6) months of acceptance ofthis conditional guilty plea for consent judgment. Respondent willpay the $750.00 fee associated with attendance at this program.

C. Payment of the Bar's costs.

VII. PERSONAL HISTORY AND PAST DISCIPLINARY RECORD

Prior to recommending discipline pursuant to Rule 3-7.6(m)(1)(D), I

considered the following personal history of Respondent, to wit:

Age: 55

Date admitted to the Bar: September 30, 1994

Prior Discipline: None.

VIII. STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULDBE TAXED

I find the costs set forth in The Florida Bar's Motion to Assess Costs and

Statement of Gosts filed in this cause were reasonably incurred and were not

unnecessary, excessive, or improperly authenticated.

Bar Counsel Costs $417.68Court Reporters' Fees $1,805.30

6 �042

Page 22: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

Referee Costs - Mediation $997.50Administrative Fee $1,250.00Investigative Costs $14.50

TOTAL $4,484.98

It is recommended that such costs be charged to Respondent and that interest

at the statutory rate shall accrue and that should such cost judgment not be satisfied

within thirty days of said judgment becoming final, Respondent shall be deemed

delinquent and ineligible to practice law, pursuant to R. Regulating Fla. Bar 1-3.6,

unless otherwise deferred by the Board of Governors of The Florida Bar.

Dated this 8Ó day of 2016.

sfHonor^able' Lei Frizzell Hayes, Referee

Original submitted through the Supreme Court ofFlorida's email address [email protected]; and mailed to the following address, along with the Referee'soriginal file: Clerk of the Supreme Court ofFlorida; Supreme CouIt Building; 500South Duval Street, Tallahassee, Florida, 32399-1927

Conformed Copies of this Report of Referee only to:

Gregory Scott Roe, Counsel for Respondent, Gregory S. Roe, P.A., P.O. BoxI1421, Saint Petersburg, Florida 33733-1421, [email protected]

Katrina S. Brown, Bar Counsel, Jodi Anderson Thompson, Bar Counsel, TheFlorida Bar, 4200 George J. Bean Parkway, Suite 2580, Tampa, Florida 33607-1496, [email protected], [email protected],[email protected], [email protected], [email protected]

Adria E. Quintela, Staff Counsel, The Florida Bar, 1300 Concord Terrace, Suite130, Sunrise, Florida 33323-2899, [email protected]

7

Page 23: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

EXHIBIT "E"

Page 24: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

Kevin John MorrisP.O. Box 1600

St. Petersburg, FL 33731-1600(727) 409-7373

February 19, 2017

District DirectorC/O Internal Revenue ServiceMemphis Accounts Management5333 Getwell Road, Stop 8423Memphis, TN 38118

RE: Form 8821 attachedAuthorization to release my tax returns to The Florida Bar

Dear Director:

Please find enclosed Form 8821 authorizing your offices to provide to The Florida Barany or all ofmy 1040 Federal Tax Returns should they so request for any and all years from1994 to 2016.

I thank you for your attention and your anticipated prompt attention to this matter shouldyou be in receipt of such request.

Sincerel

Kevin J. Mo s

Enclosure: 8821

Page 25: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

8821 Tax Information Authorization ,",""OForm k information about Form 8821 and its instructions is at www.irs.gov#orm8821. n.ceived by

(Rev. March 2015) > Do not sign this form unless all applicable lines have been completed. NameDepartment of the Treasury > Do not use Form 8821 to request copies of your tax retums �442°*"*Intemal Revenue service or to authorize someone to represent you.

1 Taxpayer information. Taxpayer must sign and date this form on line 7.Taxpayer name and address Taxpayer

KEVIN JOHN MORRIS Daytime telephone number Plan number (if applicable)727-409-7373

2 Appointee. if you wish to name more than one appointee, attach a list to this form. Check here if a list of additionalappointees is attached > 0

Name and address CAF No.

THE FLORfDA BAR651EASTJEFFERSONSTREETTALLAHASSEE, FL 32399-2300

PTINTelephone No.Fax No.

Check if new: Address �254Telephone No. Fax No. O3 Tax Information. Appointee is authorized to inspect and/or receive confidential tax information for the type of tax, forms,

periods, and specific matters you list below. See the line 3 instructions.(a) M (c)

Emp oy e t a ro I E e tate Gift, Tax Form Number Year(s) or Period(s) Specific Tax MattersCivil Penalty, sec. 4980H Payments, etc.) (1040, 941, 720, etc.)

INCOME 1040 1994.2016

4 Specific use not recorded on Centralized Authorization File (CAF). If the tax information authorization is for a specificuse not recorded on CAF, check this box. See the instructions. If you check this box, skip lines 5 and 6 . . . . . . > 0

5 Disclosure of tax information (you must check a box on line Sa or 5b unless the box on line 4 is checked):

a If you want copies of tax information, notices, and other written communications sent to the appointee on an ongoingbasis, check this box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >Note. Appointees will no longer receive forms, publications, and other related materiais with the notices.

b If you do not want any copies of notices or communications sent to your appointee, check this box . . . . . . . >

6 Retention/revocation of prior tax information authorizations. If the line 4 box is checked, skip this line. If the line 4 boxis not checked, the IRS wili automatically revoke all prior Tax information Authorizations on file unless you check the line 6box and attach a copy of the Tax information Authorization(s) that you want to retain. . . . . . . . . . . . . >

To revoke a prior tax information authorization(s) without submitting a new authorization, see the line 6 instructions.

7 Signature of taxpayer. If signed by a corporate officer, partner, guardian, executor, receiver, administrator, trustee, orparty other than the taxpayer, I certify that I have the authority to execute this form with respect to the tax matters and taxperiods shown on line 3 above.

IF NOT COMPLETE, SIGNED, AND DATED, THI AX INFORMATION AUTHORIZATION WILL BE RETURNED.

>DO NOT SIGN T O IF S B K OR IN OMPLETE.

signature Date

Print Name Title (if applicable)

For Privacy Act and Paperwork Reduction Act Notice, see instructions. Cat. No. 11596P Form 8821 (Rev. 3-2015)

Page 26: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

EXHIBIT "F"

Page 27: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

Gregory S. Roe, P.A.General Civil Trial Attorneys

February 13, 2017

The Florida Bar

Re: The Florida Bar v. Kevin John MorrisCase No. SC 15-2251Recommendation for Reinstatement

Dear Sirs and Madams:

Thank you in advance for considering my recommendation ofMr. Morris for reinstatement tothe Florida Bar. In addition to being attorney of record in this matter, I have been personalfriends with Mr. Morris for two decades. Although an interested person in this matter, I havefirsthand knowledge ofMr. Morris' professionalism and worthiness to once again bear themantle ofFlorida attorney.

Over the years, I have had occasion to refer Mr. Morris many ofmy clients for representation.Through these referrals, I learned that Mr. Morris is fastidious, professional, and extremelyconscientious. You can see proof of these traits in the way he has approached his suspension.Despite the fact that I have adamantly argued, and continue to believe, that the actions taken byMr. Morris regarding the Next Friend usage complied with the law as established by Rule,Florida Supreme Court opinion, and by Second District Court ofAppeals opinion, Mr. Morrischose to end this conflict and accept the Florida Bar's guidance in this matter. Mr. Morris thenapproached the Bar's instructions with the same fastidiousness, professionalism, andconscientiousness that the he showed in representing my referrals.

Everything that the Florida Bar stated must be done was not only completed; but, was completedwithin the earliest time in which he could complete them. Mr. Morris has taken this suspensionvery seriously and has used the time as a sabbatical of sorts to renew and reinvigorate his love ofthe law. I can assure you that Mr. Morris is deserving of, and would be a great representative ofthe Florida Bar once again.

If you would like for me to elaborate on this matter, I am available at your convenience.

Sincerely,

Gregory .

GSR/gsr

Post office Box 11421 727.898.8855

Saint Petersburg, Florida 33733 gregorysraepa.com

gregorysraepa0gmail.com

Page 28: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

. solar .

West Coast2431 Crystal Drive,Ft Myers, Fl. 33907 esPhone: 239-939-7446Fax: 239-939-2946

Energy Emclent Solutlans-seen:on veu.seen rea maveur.-

www.Artva ticeS olar.c ornEast Coast

990 NW 53rd StreetFt. Lauderdale, Fl. 33309

Phone: 954-938-8507Fax: 954-938-6949

CAC1817663 CVC056664 CVVC043077 CPC1458514 EC13006454

February 13, 2017

The Florida Bar

To Whom it May Concern:

My name is Dan Goldberg and I am a current member of the Florida Bar. I am theowner and operator of two companies which employ over 80 persons in Lee andBroward Counties, Florida.

I have known Kevin Morris since we attended Stetson College of Law together from1991 to 1994. I retained Kevin Morris to represent my companies in contractualmatters and litigation matters on many occasions. I am so confident in his abilityand skill as an attorney that I have referred him to many friends and familymembers to assist them with their legal needs. All have reported back to me that heperformed beyond their expectations and his fees we lower than they expected.

I read the Amended Complaint against Mr. Morris. I can see how in trying to assist acouple in a very tragic situation, Mr. Morris made errors any attorney may havemade in trying to expedite compensation to his clients. I know Mr. Morris is contriteand has learned from the errors he may have committed and will be a better lawyerfor it going forward.

I can wholeheartedly recommend Mr. Morris to be reinstated to the Florida Bar as amember in good-standing. I believe he has learned from this experience and will bea valuable member to the Florida Bar. I will, without hesitation, hire him again andrefer others to him again in the future as I believe his future clients will benefit fromhis learning in this experience.

Sincerel

Daniel Goldberg, Esq.Florida Bar #10715

Page 29: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

EXHIBIT "G"

Page 30: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

President-elect Candidates Platform Statements - Page 8est. 1974

The Florida Bar Newsume 44, Number 4 floridabar.org February 15, 2017

PRESORTED STANDARDThe Flòrlda Bar . . U.S. POSTAGE PAIDTallahassee, FL 32399-2300 MIAMI, FL

PERMIT NO. 06308

View and update your CLER records online at www.floridabar.org.

Member Number

FL 34 0 ***** ***AUTO**5-DIGIT 33731001676

N JOHN MORRISKEVIN J MORRIS P APO BOX 1600SAINT PETERSBURG FL 33731-1600

Page 31: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

447 Third Avenue North, Suite 200

KEVIN J. MORRIS 3370)A P ROFE S S I ON A L A S S O C IA TI ON TelePhone (727) -2600

E-mail: [email protected]

February 20, 2017

The Florida Supreme Court500 South Duval StreetTallahassee, FL 23299

RE: Petition For Reinstatement- and Exhibits A - G.

Dear Clerk of The Supreme Court:

Please fmd enclosed an original Petition For Reinstatement, a copy of same isy e1closed.

Please be advised a copy of the foregoing Petition For Reinstatement was issueda t( The Florida Bar simultaneously with this correspondence to your office.

Further be advised that a deposit for costs was also issued to The Florida Bar ine form of Check #4407 in the amount of $500.00 (this is substantiated in Paragraph A

of the above-referenced Petition For Reinstatement).

I thank you in advance for your anticipated attention and consideration of thismatter.

Sincerel ,

Kevin . M rris

KJMEnclosuresCC: Staff Counsel, C/O The Florida Bar

Page 32: IN THE SUPREME COURT OF FLORIDA The Florida Bar, · PDF fileIN THE SUPREME COURT OF FLORIDA The Florida Bar, ... 10,784(6D), The Florida Supreme ... Notary Public State of Florida

The Lme Ofces of447 Third Avenue North, Suite 200

KEVIN J. MORRIS St. Petersburg, FL 33701

A P R O F E S s I O N A L A S S O C I A T I O N Telephone (727) 823-2600

E-mail: [email protected]

February 20, 2017

StaffCounselC/O The Florida Bar651 East Jefferson StreetTallahassee, FL 23299-2300

RE: Petition For Reinstatement& $500 payment for same.

Dear StaffCounsel,

�540D- 8 Please find enclosed a copy ofthe Petition For Reinstatement that was issued toThe Florida Supreme Court simultaneously with this correspondence to your offices.

co Further f'md enclosed a copy ofthe cover letter to the Florida Supreme Courtccompanying the above-referenced Petition For Reinstatement.

Finally find Check #4407 in the amount of$500.00 made payable to The FloridaBar representing a deposit for costs.

I thank you in advance for your anticipated attention and consideration of thismatter.

Sincerely

Kevin J. MKJMEnclosures