IN THE SUPREME COURT OF FLORIDA

(Before a Referee)
THE FLORIDA BAR,

Supreme Court Case No.

SC14-1819

Complainant,
v.
DANIEL R GERLEMAN,
Respondent.

The Florida Bar File Nos.

2012-10,367 (20C)
2013-11,098 (20C)
2015-10,220 (20C)
2015-10,527 (20C)
2015-10,940 (20C)

_________________________/
CONDITIONAL GUILTY PLEA FOR CONSENT JUDGMENT
COMES NOW, the undersigned Respondent, Daniel R. Gerleman, and files
this Conditional Guilty Plea pursuant to Rule 3-7.9 of the Rules Regulating The
Florida Bar.
1.

Respondent is, and at all times mentioned herein was, a member of

The Florida Bar, subject to the jurisdiction of the Supreme Court of Florida.
2.

Respondent is acting freely and voluntarily in this matter, and tenders

this Plea without fear or threat of coercion. Respondent is not represented in this
matter.
3.

As to The Florida Bar File Nos. 2012-10,367 (20C) and 2013-11,098

(20C), there has been a finding of probable cause by the grievance committee
which matters are pending before the referee. As to The Florida Bar File Nos.

2015-10,220 (20C), 2015-10,527 (20C), and 2015-10,940 (20C), Respondent

waives a finding of probable cause.
4.

The disciplinary measures to be imposed upon Respondent are as

follows:
A.
60 day suspension from the practice of law with automatic
reinstatement at the end of the period of suspension as provided in R. Reg.
Fla. Bar 3-5.1(e).
B.
Respondent shall complete The Florida Bars Trust Accounting
Workshop and shall be responsible for payment of this workshop fee.
C.
Respondent agrees to participate in fee arbitration with John
Goodwin, George Tissell, and Nathan L. Carswell, provided that these
clients wish to participate in fee arbitration. Respondent agrees to be bound
by any such fee arbitration decision and make payment in full within 30 days
of the issuance of the award, if an award is given to the client. Failure to
abide by the decision of the arbitrator is in direct violation of the Supreme
Courts order. In order for The Florida Bars Fee Arbitration Department to
proceed, Respondent must first submit an application to Susan Austin, Fee
Arbitration Coordinator, The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300, 800-342-8060, within 90 days of the
Courts order. Respondent understands and acknowledges that neither this
Conditional Guilty Plea nor any order entered in this proceeding shall in any
way affect the rights or remedies of any of these clients in any civil
proceeding.
5.

Respondent acknowledges that, unless waived or modified by the

Court on motion of Respondent, the court order will contain a provision that
prohibits Respondent from accepting new business from the date of the order or
opinion and shall provide that the suspension is effective 30 days from the date of
the order or opinion so that Respondent may close out the practice of law and
protect the interest of existing clients.
2

6.

The following allegations and rules provide the basis for Respondent's

guilty plea and for the discipline to be imposed in this matter:

TFB File No. 2012-10,367 (20C): The Bar received a notice of insufficient funds
from Wells Fargo Bank, which was a result of a check presented for payment in
the amount of $535.00 when there were insufficient funds to cover the check.
Respondent explained that the insufficient funds resulted from the bank charging a
check order against his trust account without his authorization. An audit of
Respondents trust revealed Respondent was not properly maintaining the required
trust account records and he was not regularly performing monthly reconciliations.
Respondent was maintaining client ledgers; however, some were incomplete.
Respondent regularly made online transfers from his trust account. There were
times he did not attribute certain on-line transfers to a particular client or maintain
documentation regarding the transfers and failed to log all of these transfers on his
client ledgers. Respondent had multiple clients for which he was handling multiple
matters and did not have an adequate accounting system in place to keep track of
fees earned and collected. As a result of Respondents inadequate record keeping,
he made disbursements for attorney fees from his trust account for a few clients
that had multiple matters pending which exceeded the amount of fees authorized
by the clients in that particular matter. Respondent has rectified any discrepancies
related to the excess attorney fees collected with these clients. There was no
evidence of any monetary loss to any of Respondents clients as a result of his poor
bookkeeping practices. There are no client funds missing and there have been no
client complaints.
TFB File No. 2013-11,098 (20C): On May 6, 2013, Respondent became ineligible
to practice law for failing to timely pay a fee arbitration award in a prior
disciplinary action. Respondent received the Bars letter notifying him of his
ineligibility on May 8, 2013, and in response, he attempted to cure the delinquency
by paying the arbitration award. During his ineligibility period, Respondent made
two court appearances on May 7, 2013, and two court appearances on May 14,
2013. Respondent advised the judge at his morning court appearance on May 14,
2013, about his ineligibility issue, but did not mention it in his afternoon court
appearance. Respondent court appearances involved him entering a plea for a
client in one case and requesting continuances of the other cases. On May 15,
2013, Respondent submitted his Petition for Removal of Fee Arbitration
Delinquency which was a requirement to cure the delinquency, after which
Respondent was reinstated to a member in good standing.

TFB File Nos. 2015-10,220 (20C), 2015-10,527 (20C), and 2015-10,940 (20C):
Clients John Goodwin, George Tissell, and Nathan L. Carswell disputed that
Respondent completed work justifying his collection of the attorney fees paid by
them and these client requested refunds. Respondent did complete work in each of
these cases and contends that the attorney fee charged was a flat fee and nonrefundable. However, Respondent was unable to produce retainer agreements or
any other written communication demonstrating that he confirmed and explained
the nature and amount of the non-refundable fee to these clients in writing, as
required by Rule 4-1.5(e). These matters are fee disputes and Respondent is
agreeable to participate in the Bars fee arbitration program in an effort to resolve
the matters.
The following Rules Regulating The Florida Bar provide the basis for the
discipline to be imposed in this matter: Rule 4-1.5 (Fees and Costs for Legal
Services); Rule 1-3.6 (Delinquent Members); Rule 4-5.5 (Unlicensed Practice of
Law); Rule 5-1.1 (Trust Accounts); and Rule 5-1.2 (Trust Accounting Records and
Procedures).
In aggravation, Respondent received an admonishment in 2011 for neglect of
several client matters [9.22(a)] and this present case involves multiple offenses
[9.22(d)].
In mitigation, Respondent lacked a selfish motive [9.32(b)] and made good faith
efforts to rectify the trust accounting errors [9.32(d)]. Respondent provided full
and free disclosure to the Bar and demonstrated a cooperative attitude toward the
proceedings [9.32(e)], and has demonstrated remorse [9.32(l)]. Respondent was
having health complications related to his heart during the period of time involving
these cases [9/32(h)]. Respondent has limited and inconsistent staff assistance.
Respondent has had difficulty managing as a sole practitioner when his health
issues are aggravated.
7.

The Florida Bar has approved this proposed plea in the manner

required by Rule 3-7.9.

8.

If this plea is not finally approved by the referee and the Supreme

Court of Florida, then it shall be of no effect and may not be used by the parties in
any way.

9.

If this plea is approved, then Respondent agrees to pay all reasonable

costs associated with this case pursuant to Rule 3-7.6(q) in the amount of
$3,879.68. These costs are due within 30 days of the court order. Respondent
agrees that if the costs are not paid within 30 days of this court's order becoming
final, Respondent shall pay interest on any unpaid costs at the statutory rate.
Respondent further agrees not to attempt to discharge the obligation for payment of
the Bar's costs in any future proceedings, including but not limited to, a petition for
bankruptcy. Respondent shall be deemed delinquent and ineligible to practice law
pursuant to Rule 1-3.6 if the cost judgment is not satisfied within 30 days of the
final court order, unless deferred by the Board of Governors of The Florida Bar.
10.

Respondent acknowledges the obligation to pay the costs of this

proceeding and that payment is evidence of strict compliance with the conditions
of any disciplinary order or agreement, and is also evidence of good faith and fiscal
responsibility. Respondent understands that failure to pay the costs of this
proceeding may reflect adversely on any reinstatement proceedings or any other
bar disciplinary matter in which Respondent is involved.
11.

This Conditional Guilty Plea for Consent Judgment fully complies

with all requirements of the Rules Regulating The Florida Bar.

Dated: _September 1, 2015

___________________________
Daniel R. Gerleman
Daniel R. Gerleman, P. A.
1617 Hendry St., Ste. 309
Fort Myers, FL 33901-2934
(239) 337-5502
Florida Bar ID No.: 149233
drgerleman@msn.com

Dated: August 28, 2015

Lisa Buzzetti Hurley
BarCounsel
The Florida Bar
Tampa Branch Office
4200 George J. Bean Parkway, Suite 2580
Tampa, Florida 33607-1496
Florida Bar No. 164216
Primary E-mail: lhurley@flabar.org
Secondary E-mail: rrivera@flabar.org and
tampaoffice@flabar.org