A Florida attorney filed a client’s divorce papers. The client, however, was dead
The list of reasons Perry attorney Rhonda Portwood started a 90-day suspension Saturday go deeper than filing a divorce petition for a dead man.
But, that’s on the list Portwood herself drew up for her guilty plea for consent judgment.
Portwood’s suspension ends over 22 years of an unmarred disciplinary record since joining the Florida Bar in 2002 after coming out of the University of Arkansas School of Law. Her solo practice deals with family law, bankruptcy law, criminal law and estate planning.
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During the three years these five professional failures occurred, Portwood’s guilty plea says, she was dealing with the deaths of her mother, father, sister, son-in-law and son-n-law’s father and “suffered serious illness” herself.
But, the plea admits under aggravating elements that should factor in to punitive action, Portwood was a lawyer with “substantial experience” who “engaged in multiple offenses.”
Four of the cases involved violations of Bar rules for “diligence” among other ethics rules. These included not properly supervising her legal assistant, her adult daughter; not filing divorce and bankruptcy petitions or doing a letter concerning marital reconciliation after being paid to do so; and not pursuing a divorce matter after taking it over while in the process.
One case involved a violation of competence. That had to do with Richard John Thomas.
Death before divorce
Dunedin’s Alyssa Gentry, who a database search and Florida Department of Health online records say is a licensed registered nurse, came to Portwood about filing a dissolution of marriage for her father, hospitalized 72-year-old Richard John Thomas.
“[Portwood] was unable to speak with Thomas and relied on Gentry’s representation regarding Thomas’ desire to seek a divorce,” Portwood’s guilty plea said. She “did not obtain Thomas’ consent to speak with Gentry regarding his legal matter.”
Gentry paid Portwood’s fees, and Portwood drafted the divorce papers “based on information provided to her by Ms. Gentry.”
Thomas died on March 13, 2023.
When Portwood filed the divorce petition later that day, “she was unaware that Thomas had passed away. Thereafter, [Portwood] learned of Thomas’ death and filed a notice of voluntary dismissal of the petition on his behalf. (She) did not file any pleadings or documents that would have notified the court that Thomas was deceased.”
In addition to competence, Portwood violated rules of representation; abiding by a client’s decisions; informing a client of representation status; explaining matters to the client; exercising independent professional judgment; and representing adverse interests.
This story was originally published February 2, 2025 at 2:50 PM.
