THE FLORIDA BAR, COMPLAINANT,
v.
KIMBERLY V. BARENZ, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Bar sought disciplinary action against attorney Kimberly Barenz for misconduct involving three clients, including failure to perform legal services, conversion of client funds, and misrepresentation to the grievance committee. The Florida Supreme Court adopted the referee's findings and disbarred Barenz from practicing law in Florida.
Barenz violated disciplinary rules concerning moral turpitude, dishonesty and misrepresentation, conduct adversely reflecting on fitness to practice, neglect of legal matters, failure to seek client objectives, failure to carry out employment contracts, and violations regarding moral conduct and trust funds. The Court adopted the referee's recommendation and disbarred Barenz from practicing law in Florida.
[1] An attorney's failure to take action on a client's behalf after accepting a retainer, coupled with a failure to respond to inquiries and acceptance of further funds, cons…
[2] An attorney who accepts compensation for representation in a real estate closing, fails to record instruments, delays issuing title insurance, and converts client premium…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Barenz agreed to represent the client and accepted a retainer, but then refused to take any action on the client's behalf and failed to respond to the client's inquiries.”
Establishes the first client's complaint of non-performance and non-responsiveness by Barenz
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBarenz represented three separate clients improperly: (1) accepted a retainer and additional payments from the first client but refused to take action…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conduct Involving Dishonesty, Fraud, Deceit, Or Misrepresentation cases and more on FLexlaw
PER CURIAM.
The Florida Bar filed a six-count complaint against Kimberly Barenz, a member of the bar, alleging that she had acted improperly in her representation of three separate clients. Specifically, the bar claims that, as to the first client, Barenz agreed to represent the client and accepted a retainer, but then refused to take any action on the client’s behalf and failed to respond to the client’s inquiries. According to the bar, Barenz did, however, accept more money from the client.
Finally, the bar contends that, when the grievance committee inquired into this matter, Barenz made false representations to the committee. As to the second client, Barenz is accused of accepting compensation to represent the client in a real estate closing and to provide title insurance on the property. Barenz, according to the bar, did not record the instruments entrusted to her and did not issue the title insurance policy for almost two years after the closing; she did, however, convert the client’s insurance premiums to her own use.
Moreover, Barenz issued the title insurance policy without clearing two known mortgages which constituted liens on the property. The bar also claims that Barenz accepted payment from the third client to represent him in contested adoption proceedings but failed to appear on his behalf and, knowing little on the subject, did not prepare herself adequately to represent that client.
The referee has now filed his report and recommends that Barenz be found guilty of violating disciplinary rules 1-102(A)(3) (conduct involving moral turpitude), 1-102(A)(4) (conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(6) (conduct adversely reflecting on fitness to practice law), 6-101(A)(3) (neglect of a legal matter), 7-101(A)(l) (failure to seek client’s lawful objectives), and 7-101(A)(2) (failure to carry out a contract of employment) as well as rule 11.02(3) (moral conduct) and (4) (trust funds and fees). The referee also recommends that Barenz be disbarred.
Neither side has contested the referee’s report and recommendations, and, after reviewing this matter, we adopt the referee’s report and recommendations. Therefore, Kimberly V. Barenz is hereby disbarred from the practice of law in Florida. The disbarment will be effective thirty days from the date of this opinion, thereby giving Barenz time to close out her practice and protect her clients’ interests. Barenz will accept no new business from the date of this opinion. Judgment for costs in the amount of $3,787.25 is hereby entered against Barenz, for which sum let execution issue.
It is so ordered.
MCDONALD, C.J., and ADKINS, OVERTON, EHRLICH and SHAW, JJ., concur.