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FLORIDA RECORD

Thursday, March 28, 2024

New York attorney indefinitely suspended over misappropriation, other charges

Discipline
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TALLAHASSEE (Florida Record) — New York attorney Dale James Morgado has been indefinitely suspended following a July 12 Florida Supreme Court order regarding misappropriation and other allegations, according to a recent announcement by The Florida Bar.

"According to a petition for emergency suspension, Morgado appeared to be causing great public harm by misappropriating client funds and abandoning clients," the state bar said in its July 31 announcement of the discipline and the Supreme Court's order.

In its three-page order, the state Supreme Court granted the state bar's petition for emergency suspension and suspended Morgado until further court order.

Allegations against Morgado include violations of professional conduct rules regarding diligence, communication, safekeeping property and dishonesty, fraud, deceit or misrepresentation, according to the state bar's petition.

Florida court orders are not final until after time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Morgado's suspension.

Morgado was admitted to the bar in Florida April 16, 2009, according to his profile at the state bar website. No prior discipline before the state bar is listed on Morgado's state bar profile.

In its 24-page petition, the state bar's petition listed alleged misconduct in four client matters. In one matter, a Family Medical Leave Act case, Morgado allegedly "negotiated a settlement without his [client's] approval, had the settlement checks routed to his personal residence in Connecticut, and then forged the checks and cashed them in Connecticut," the petition said.

In another client matter, a discrimination lawsuit against a Florida defendant, the court dismissed the complaint without prejudice for failure to timely serve the correct defendant. The court later granted Morgado's client's motion to reopen the case but required "perfect service of process" on the defendant.

"Despite the court's instruction, [Morgado] failed to perfect service," the petition said.

In November 2017, the court in that client matter granted a defense motion to dismiss the case with prejudice. In his complaint to the state bar, the client alleged that Morgado "failed to respond to emails and telephone calls, and failed to provide him documents or notify him that his case had been dismissed," the petition said.

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