A Florida attorney received $87,000 in settlements for his clients. He kept the cash
Several of a Marianna attorney’s clients say he either took money for nothing — receiving fees for free — or when he did do the work, kept the settlements he won for them.
Those clients filed Florida Bar grievances against LaDray Gilbert. Gilbert reacted by applying for disciplinary revocation, which the Supreme Court granted. Starting Feb. 23, Gilbert’s essentially disbarred until Feb. 23, 2027.
Attorneys who apply for “disciplinary revocation” want to make the professional discipline part of the cases disappear. But, for their part, they’re ejected from the Florida Bar, usually for five years. Most have the option to apply for readmission after five years, as is the case with Gilbert, but some revocations are permanent.
Disciplinary revocation does nothing about any civil lawsuits or criminal charges involving actions as an attorney. So, Gilbert’s still facing a civil suit from a client whose lawsuit says her fallopian tubes were removed without her permission in 2012. Gllbert, the suit says, was supposed to file a lawsuit against the doctor through Morgan and Morgan. No suit was filed within the two years required by the state’s medical malpractice laws.
That actually wasn’t one of the grievances filed against Gilbert, who received a public reprimand in 2019 for failing to competently and diligently handle a case.
LaDray Gilbert’s nine problems
The matters pending against Gilbert, as listed in his disciplinary revocation application:
▪ Failing to reply to a Florida Bar subpoena requesting all his trust account records.
▪ After receiving $10,000 in settlement funds for his client in a personal injury case, Gilbert allegedly deposited the check in his trust account (as he should), then didn’t forward the payment or tell the client about it (that’s not right). His application for disciplinary revocation agrees to pay restitution of $6,666.66 to the client (the settlement minus his fees).
▪ After receiving $17,000 in settlement funds for his client in a personal injury case, Gilbert allegedly deposited the check in his trust account, then didn’t forward the payment or tell the client about it. His application for disciplinary revocation agrees to pay restitution of $11,672.50 to the client (the settlement minus his fees).
▪ After receiving $10,000 in settlement funds for his client in a personal injury case, Gilbert allegedly deposited the check in his trust account, then didn’t forward the payment or tell the client about it. His application for disciplinary revocation agrees to pay restitution of $6,666.66 to the client (the settlement minus his fees).
▪ He received $6,500 to handle a criminal case, then allegedly didn’t communicate with the client, didn’t expedite the litigation and “engaged in conduct that was prejudicial to the administration of justice.”
▪ Hired to handle a personal injury case, he allegedly didn’t diligently pursue it, didn’t communicate with the client, didn’t expedite the litigation and “engaged in conduct that was prejudicial to the administration of justice.”
▪ Gilbert got $1,500 to do a will for for a client in 2016. He still hasn’t done the will. The 88-year-old client is still alive, according to one database. He owes her $1,500 in restitution.
▪ After hiring Gilbert to handle a personal injury case then hiring another attorney, Gilbert’s client learned on Aug. 31, 2021 that the insurance company had sent Gilbert a check for $50,000 on Sept. 4, 2020. Gilbert hadn’t forwarded the appropriate funds. He owes $33,350 in restitution.
▪ Paid $5,000 to pursue a probate case involving the client’s father, Gilbert allegedly didn’t diligently pursue it, didn’t communicate with the client and “engaged in conduct that was prejudicial to the administration of justice.” He owes $2,000 in restitution.
This story was originally published February 12, 2022 at 11:24 AM.
