Tampa attorney Jan Marie McCray, who says she is no longer practicing law, received a 91-day suspension following an Oct. 13 Florida Supreme Court order over allegations that included failing to maintain minimum required trust account records.
Despite being unfamiliar with probate cases, McCray allegedly accepted a retainer in September 2014 to handle a probate case for a client who also was a family friend, according to the consent judgment filed with the court. The judgment also includes McCray's conditional guilty plea.
The state supreme court, in its two-page order, also directed McCray to pay $1,500 in restitution to one client and about $1,789 in costs. McCray notified the high court on Aug. 27 that she is no longer practicing law.
The Florida State Bar announced the discipline and the Supreme Court's order Oct. 30. In Florida, court orders are not final until the time to file a rehearing motion expires. Filing such a motion would not alter the effective date of the McCray's suspension.
McCray was admitted to the bar in Florida on April 18, 2008, according to her profile at the state bar website. McCray has had no other disciplines before the state bar for at least ten years, according to her profile.
In the probate case, after accepting the retainer to represent the estate, McCray allegedly failed to appear in court, to communicate with the client and failed to perform services, according to the consent judgment. She also failed to issues notices to known creditors on behalf of the estate or publish a notice to creditors and failed to file an inventory within 60 days of issuing letters of administration, all required by Florida probate rules, according to the judgment.
McCray also failed to carry out other regular probate duties and also failed to appear for a July 2015 show cause hearing, according to the consent judgment. Her client in the probate matter filed a grievance with the state bar in November 2015. "The probate matter has not been finalized and is still pending before the probate court," the judgment said.
McCray subsequently provided incomplete records for the state bar's audit, according to the judgment.