Ex-clients lament loss of money paid to lawyer

There is a warrant out for Jessica Miller's arrest.

By JAMAL THALJI, Times Staff Writer
Published December 22, 2007

PORT RICHEY - She has lost all of her legal clients. She has been locked out of her law firm's own accounts. She could be stripped of her law license any day now. She's out of state - and waiting for her back home is a warrant for her arrest.

About the only thing worse than being lawyer Jessica Miller these days is being one of her former clients.

"I got robbed," said Dominic Mogavero, 30. "I have $3,500 I just handed this attorney and now she's getting ready to lose her license?"

Mogavero said he paid Miller that money to handle his divorce. Two years later, he's still legally married and has no idea when he won't be anymore.

Meanwhile, his former attorney's practice was under assault from all directions:

The Florida Bar officially asked the Florida Supreme Court on Friday for an emergency suspension of her license.

Judges have frozen her out of the trust accounts where she's supposed to be holding her clients' money; appointed a new lawyer to take over her cases; and ordered her arrest for failing to obey the court.

And the Bar has asked the Pinellas-Pasco State Attorney's Office to launch a criminal investigation into the disappearance of $28,156 in client money from Miller's trust accounts.

"I've been through so much," said former Miller client William Morales, who doesn't know where his $28,156 is. "I'm so numb with all this drama."

Miller's situation remained the same Friday. She was still out of state despite being ordered to appear in court on Thursday. She is visiting with family with her husband, a Pinellas sheriff's detective.

The Pinellas County Sheriff's Office said it is working with the State Attorney's Office to bring Miller back to Pasco, where she will be jailed by court order.

But as the dominoes continued to fall around Miller, her clients wonder: what now?

The Florida Bar has some answers.

- They can contact the Bar's Attorney Consumer Assistance Program, which helps clients who have problems with their lawyers.

- The ACAP can also help her ex-clients file claims with the Bar's Clients' Security Fund. It exists to compensate those who have lost money or property because of lawyers' malfeasance.

- Robert Ehrhardt is the inventory attorney appointed to take control of her cases. He submitted an order for the chief judge's pen on Friday giving him physical control of Miller's case files. He said he might not get the files until after Christmas. But once he does he can begin to advise her former clients.

What about clients facing strict deadlines and ticking clocks, such as in housing foreclosures and bankruptcy proceedings?

"They're in a tough position," said Bar staff counsel Jodi Thompson. "They have to retain an attorney to fix those problems."

But if the client's new lawyer can show the judge that Miller made mistakes, acted improperly or didn't act at all in those cases, then they can get more time.

"They would have certainly grounds to show excusable neglect why they should have extensions," said Thompson.

Miller was already in trouble with the Bar for failing to turn over subpoenaed financial records. The Bar also planned to file misconduct charges next year in past, unrelated complaints.

But the emergency suspension and the allegation of missing trust account money now takes precedence over all other complaints.

In that hearing it would be "guilty until proven innocent," Thompson said. And if Miller doesn't defend herself? If she skips those hearings just like she skipped Tuesday's Bar hearing?

"I would petition for the referee to recommend a permanent disbarment," Thompson said.

Jamal Thalji can be reached at thalji@sptimes.com or 727 869-6236.

FAST FACTS

For assistance

Here's where former clients of attorney Jessica Miller can turn to for help with their cases:

The Florida Bar's Attorney Consumer Assistance Program helps clients reconcile their problems with attorneys. They can be reached at (866) 352-0707.

Attorney Robert Ehrhardt was appointed on Wednesday as the inventory attorney for Miller's old cases. He will be taking physical control of her cases files and can advise her former clients. He can be reached after Christmas at (727) 849-1122.

[Last modified December 21, 2007, 21:26:30]