TALLAHASSEE (Florida Record) – Orlando attorney John Andrew Braithwaite was publicly reprimanded following an Aug. 23 Florida Supreme Court order over allegations stemming from his arrangement with a private investigating firm that charged too much in fees, according to a recent announcement by The Florida Bar.
"Braithwaite had an agreement for legal services with a private investigation firm to file claims assigned to the investigation firm for surplus funds held in court registries," the state bar said in its Aug. 31 announcement of the discipline and the Supreme Court's order. "The investigation firm directly contacted potential clients to become the assignee of their claims to recover surplus funds from the courts and charged as much as 15 percent of the surplus funds recovered for compensation in violation of Florida statutes. If a potential client requested an attorney recommendation, the firm would refer the client to Braithwaite."
Braithwaite also was ordered to pay almost $3,000 in costs, according to the court's single-page order.
Florida court orders are not final until the time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Braithwaite's suspension
Braithwaite was admitted to the bar in Florida on Sept. 22, 2009, according to his profile at the state bar website. No prior discipline before the state bar is listed on Braithwaite's state bar profile.
Braithwaite's agreement had been to provide legal services to Florida Investigation & Recovery Services (FIRS), who directly contacted potential clients, according to the consent judgment filed with the court. The consent judgment also includes Braithwaite's conditional guilty plea.
FIRS was not qualified as a surplus trustee and had not been appointed to petition for entitlement to surplus funds and its assignment of rights to surplus funds was a violation of state law, according to the consent judgment.