Respondent Warranted Two-Year Suspension for Cumulative Misconduct As Guardian of Property of a Minor
In Florida Bar v. MacMillan, 600 So. 2d 457 (Fla. 1992), the respondent was found guilty of three of five counts of misconduct relating to respondent's duties as guardian of property that a minor received from an estate. See 600 So. 2d at 458.
In one of these counts, the referee found that respondent violated rules 5-1.1 (trust accounts) and 4-1.15(a) (safeguarding of property held in trust) for failing to deliver jewelry entrusted to him as guardian. Id. at 458-59.
However, respondent also was found guilty of intentional misappropriation of funds and intentional failure to disclose fund transfers in the guardian's report. Id. at 459.
Thus, the cumulative misconduct was more serious in MacMillan and warranted the two- year suspension we imposed.