TALLAHASSEE (Florida Record) – Longtime Miami attorney Raul Enrique Garcia Jr. faces suspension following an April 23 Florida Supreme Court order regarding alleged trust fund irregularities, according to a recent announcement by The Florida Bar.
"Garcia improperly dealt with trust funds involving five client settlements," the state bar said in its April 30 announcement of the discipline and the Supreme Court's order. "Further, he did not properly maintain trust accounting records."
In its split three-page order, the high court approved in part the referee's report filed in the case and suspended Garcia for three years, to be followed by a year of probation. The court also ordered Garcia to pay approximately $30,100 in costs.
Florida Chief Justice Charles Terrance Canady, Justice Ricky Polston and Justice C. Alan Lawson dissented in part from the court's majority order, saying they would have disbarred Garcia.
Garcia's suspension was 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 high court's order.
Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Garcia's suspension.
Garcia was admitted to the bar in Florida on Sept. 21, 1990, according to his profile on the state bar website. No prior discipline before the state bar is listed on Garcia's state bar profile.
The Supreme Court approved the referee's recommendation that Garcia be found guilty of multiple professional conduct rules violations. The court also approved the referee's findings in mitigation except for the referee's finding of remoteness of prior offenses.
The high court also found a pattern of misconduct and multiple offenses and for those reasons rejected the referee's recommendation that Garcia be placed on a 90-day suspension.