TALLAHASSEE (Florida Record) – Daytona Beach attorney Brett Hartley faces indefinite suspension following an Aug. 28 Florida Supreme Court order after being found in contempt during an investigation of his trust account, according to a recent announcement by The Florida Bar.
"Hartley was found in contempt for noncompliance," the state bar said in its Aug. 31 announcement of the discipline and the Supreme Court's order. "The Florida Bar served Hartley with a subpoena requiring him to produce his attorney trust account records for audit. Even after being granted an extension of time to provide the records, Hartley failed to comply."
Hartley's suspension will be effective 30 days from the date of the court's order to allow him time to close out his practice and protect his existing clients' interests, according to the Supreme Court's two-page order. Hartley also was ordered to pay $1,250 in costs.
Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion would not alter the effective date of Hartley's suspension
Hartley was admitted to the bar in Florida on May 18, 1998, according to his profile at the state bar website. No prior discipline before the state bar is listed on Hartley's state bar profile.
In March, a state bar staff investigator personally served Hartley with a subpoena to produce trust account records by April 12 for a period beginning Sept. 1 of last year, according to the state bar's petition for contempt and order to show cause filed with the court. A grievance committee chair granted and extension until the end of April but Hartley missed that deadline as well, according to the petition.
"As of the date of the service of this petition, (Hartley) has failed to produce the trust account records sought by a duly issued subpoena," the petition said.