Summary
The Supreme Court of Florida reviewed disciplinary proceedings against Ronald Leon Bloom for extensive professional misconduct, including misappropriation of trust funds, client neglect, dishonesty, and criminal conduct. The court disapproved findings under Rules Regulating the Florida Bar 5-1.2(b) and (c), approved the remaining findings, and ordered Bloom disbarred effective nunc pro tunc to May 10, 2006. The court also ordered Bloom to reimburse the Florida Bar $10,587.65 in costs.
Topics
Practice areas
Questions Presented
- Whether the referee properly recommended findings that Bloom violated Rules Regulating the Florida Bar 5-1.2(b) and (c) after the Bar abandoned the allegations supporting those violations.
- Whether the referee clearly erred by rejecting proposed mitigating factors based on restitution efforts, cooperation, character and reputation, and disability or impairment.
- Whether disbarment was the appropriate sanction for Bloom's intentional misappropriation of trust funds and related misconduct despite evidence of addiction, remorse, and interim rehabilitation.
Holdings
- The court disapproved the referee's recommended findings that Bloom violated Rules 5-1.2(b) and (c) because the Bar had abandoned the allegations supporting those violations.
- The court upheld the referee's rejection of mitigating factors for timely good-faith restitution, cooperation, character or reputation, and disability or impairment.
- Disbarment was the appropriate sanction for Bloom's intentional misappropriation of trust funds and related egregious misconduct, notwithstanding his addiction, remorse, and interim rehabilitation.
Key quotations
“A referee's findings as to whether certain mitigating factors apply are presumptively correct and upheld unless clearly erroneous or without support in the record.” (at 177)
“Under both the Florida Standards for Imposing Lawyer Sanctions and existing caselaw, disbarment is the presumptively appropriate sanction when a lawyer intentionally misappropriates trust funds.” (at 178)
“Although our review is broad, we generally will not second-guess the referee's recommended discipline if it has a reasonable basis in existing caselaw and the Florida Standards for Imposing Lawyer Sanctions.” (at 177)
Factual background
Bloom converted more than $60,000 in attorney fees assigned to Cybersettle Financial Services and engaged in other misconduct involving client funds, including borrowing money from clients and failing to deliver settlement proceeds. He repeatedly failed to communicate with or diligently represent clients, failed to respond to a Bar inquiry, stole paintings from opposing counsel's office, and made false statements concerning trust accounts and settlement funds. Bloom had a lengthy history of cocaine addiction, rehabilitation attempts, and relapse, while continuing to practice law and commit misconduct. The referee found four aggravating factors and two mitigating factors.
Procedural history
The Florida Bar filed a six-count disciplinary complaint after Bloom received an emergency suspension. Following a formal hearing, the referee found extensive professional misconduct, recommended findings of guilt and disbarment, and identified aggravating and mitigating factors. Bloom sought review, challenging two trust-account rule violations, the referee's rejection of additional mitigating factors, and the recommended sanction. The Supreme Court approved the findings and recommendations except for the two challenged violations and ordered disbarment.