Legal Ethics

If You Are Caught Stealing $760 In Florida, Your Law License Will Be Suspended For Three Years

This opinion serves as a warning to those who are thinking about stealing from clients or the church collection plate.

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Almost a year ago, Joe Patrice reported about a recently admitted attorney named Jacquiline Kinsella who was suspended by the Florida State Bar until further notice. Kinsella pleaded no-contest to theft of $760 on three separate occasions while employed as a cashier at Kohl’s.

This led to a formal disciplinary complaint to the Florida Supreme Court (click here for the case history). Her disciplinary hearing was first evaluated by a referee who recommended suspension for ten days followed by one year of probation, mandatory counseling, and reimbursement for costs.

Last December, the Florida Supreme Court reviewed her case. In a per curiam opinion, the court ordered Kinsella’s law license to be suspended for three years.

There were three dissenting opinions. Justice Pariente’s dissenting opinion stated that the three year suspension was too harsh and Kinsella should have been given a 91 day suspension instead, relying on the referee’s recommendations. She was convinced that Kinsella was just a young attorney who exercised poor judgment who demonstrated remorse and rehabilitation. She also noted Kinsella’s volunteer work for Legal Aid. Finally, she stated that Kinsella was punished in a criminal court of law and has paid her debt to society.

Two dissenting opinions stated that Kinsella should have been disbarred, even if the amount is a relatively small $760. The more detailed opinion by Justice Lewis stated that most disciplinary cases involving theft resulted in disbarment. He bluntly says that a thief is a thief and a lawyer cannot be a thief at the same time. Any punishment less than disbarment would bring a black eye to the Florida Bar. Here we find out that part of Kinsella’s motivation to steal was to pay her student loans. Justice Lewis stated that her debt cannot excuse her actions because many law students have large debts to pay.

I found this case interesting not only because of the punishment imposed but also because of the Justices’ differing views of how Kinsella should have been disciplined. While I agree with Justice Pariente and think Kinsella should have received a lighter punishment, I would have respected any form of discipline imposed on her, including disbarment.

Does this mean that every petty theft conviction in Florida will result in a three year suspension to practice law? Perhaps. But from what I have heard, lawyer discipline proceedings tend to be very personal and fact based. The investigators and judges look into the nature and the seriousness of the crimes or bad acts and consider aggravating and mitigating factors before coming to a decision on discipline.

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So while this decision sets a benchmark, I don’t think future theft cases will always result in a three year suspension. Based on the circumstances, some lawyers will be given leniency while others will be shown no mercy.

And that is how it should be. Judges should be flexible on how lawyers should be disciplined. At the same time, practicing lawyers should be on notice that a relatively small crime can lead to disbarment which should deter them from committing similar acts.

According to the Florida Supreme Court website, Justices Lewis and Pariente, the authors of the dissenting opinions have retired. Their replacements may have different thoughts should a similar case come before the court.

But for now, this opinion serves as a warning to those who are thinking about stealing from clients or the church collection plate. If you are caught stealing even a measly $760 in Florida, you can lose your right to practice law for three years. And if you are really unlucky, you may be disbarred and waste your $150,000+ legal education.

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Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at sachimalbe@excite.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.

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