THE FLORIDA BAR, COMPLAINANT,
v.
WILLIAM P. OWEN, JR., RESPONDENT
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The Florida Bar disciplined attorney William P. Owen, Jr. for commingling client funds and misappropriating entrusted money across four separate violations. The Florida Supreme Court affirmed the referee's recommendation and disbarred Owen immediately for these flagrant breaches of trust account rules.
Owen violated Disciplinary Rules 9-102(A) and 9-102(B)(3) and (4) and Integration Rule 11.02(4) through gross misconduct in maintaining and handling entrusted funds. These flagrant violations warrant disbarment, which is imposed effective immediately.
[1] An attorney's commingling of client funds with personal funds and the funds of other clients constitutes gross misconduct.
[2] An attorney's failure to use entrusted funds for the specific purposes for which they were provided, resulting in returned checks due to insufficient funds, violates prof…
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Describes the core violation Owen committed under the Disciplinary Rules
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Join FLexlaw to unlock all legal intelligenceOwen, as an attorney and personal representative, commingled trust assets with his personal funds and other clients' funds, failing to disburse them p…
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PER CURIAM.
This disciplinary proceeding by The Florida Bar against the respondent, William P. Owen, Jr., a member of The Florida Bar, rests upon four counts of commingling funds of clients and failure to use entrusted funds for the appropriate purposes. This cause is before us upon findings of the referee and recommended discipline of disbarment. No petition for review has been filed by either respondent or The Florida Bar. The referee found respondent guilty of “gross misconduct in regard to the maintenance and handling of funds entrusted to him” in violation of Florida Bar Code of Professional Responsibility, Disciplinary Rules 9-102(A) and 9-102(B)(3) and (4), and Rule 11.02(4) of the Integration Rule of The Florida Bar. Counts II and IV allege that respondent was entrusted with funds by clients for specific purposes and that his checks to the receiving parties were returned due to insufficient funds, despite the clear requirement of Integration Rule 11.-02(4) that money entrusted to an attorney for a specific purpose be held in trust and used only for that purpose. Count I alleges that respondent, as personal representative and attorney for an estate, commingled the assets of a revocable trust which he controlled for the estate with his personal funds and with funds of other clients. As a result, the trust funds were never fully and properly disbursed to the beneficiaries of the trust fund as required by its terms. Respondent also failed to provide the beneficiaries with a full and accurate accounting of the estate assets. Count III states that respondent was entrusted with funds for the express purpose of effecting repairs upon real estate for a client. After expiration of the time period set forth in the related escrow agreement, respondent neither returned the unexpended funds to the seller, made a proper accounting to the parties involved, nor deposited the money in the registry of the circuit court for equitable disposal.
We have reviewed the record and agree with the referee’s findings and recommendation of guilt. We further agree that these flagrant violations of the cited trust rules require disbarment.
Accordingly, William P. Owen, Jr., is hereby disbarred, effective immediately. The filing of a motion for rehearing shall not alter the effective date of this disbarment.
Execution is directed to issue for the costs of these proceedings against the respondent in the amount of $284.45.
It is so ordered.
ADKINS, Acting C. J., and OVERTON, ENGLAND, ALDERMAN and MCDONALD, JJ., concur.