123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Insurance >> View Article

Attorney Disbarred After Attempted Annuity Sale To Elderly Client

Profile Picture
By Author: Dale Krause
Total Articles: 15
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

In the recent case of The Florida Bar v. Doherty, a Florida elder law attorney was disbarred by the Florida Supreme Court for attempting to sell an annuity to an elderly client without notifying the client in writing about the commission generated by the transaction. The case is another example of the dangers inherent with attorneys providing financial planning services to their clients.

In July and August of 2006, the attorney assisted his elderly, widowed client in the purchase of an annuity, which he was licensed to sell. The attorney was set to receive a 7% commission, which would have been applied to a debt he owed the insurance company. However, the client passed before the annuity could be purchased.

It was found that the attorney wrote himself into the client's estate plan as a personal representative and trustee. Documents were written to grant the trustee authority to purchase annuities only from the providers to whom the attorney owed money. The attorney had also previously been suspended by the New Hampshire bar for two years, and deliberately chose annuities whose commissions he wouldn't have ...
... to forfeit if the client passed during a "chargeback" period.

It was recommended that the attorney be found guilty of violating two rules. The first being Rule 4.17(a)2, which states an attorney may not represent a client if there is no substantial risk that the representation will be materially limited by the attorney's personal interests. The attorney did not challenge his violation of this rule. The second rule was Rule 4-1.8(a), relating to business transactions with clients. The attorney challenged this violation of this rule, stating that the rule was inapplicable in his case. Florida's Supreme Court ended up throwing the book at him because of some egregious aggravating factors.

While in many states it is certainly an allowable practice for attorney's to provide their clients with financial planning services, it is important to remember to always follow the disclosure and consent rules set by each state bar.

Total Views: 462Word Count: 339See All articles From Author

Add Comment

Insurance Articles

1. Car Insurance Renewal Online: Complete Guide To Renew Your Car Insurance Policy
Author: square insurance

2. The Used Gear Boom: How Musicians Can Prove Value For Second-hand Instruments
Author: musicinstrumentsins

3. Ken Arellano Financial Advisor: Building Financial Confidence Through Smart Planning
Author: Ken Arellano

4. Why More Uk People Are Switching To Private Health Insurance
Author: Riley Allen

5. Ai Voice Clones And Deepfake Performances: New Risks Musicians Should Watch
Author: Clarion

6. Dealer And Repair Shop Coverage: Instruments In Shop, Transit, Trial, And Trade Shows
Author: Music Company

7. How To Save Money On Private Medical Insurance
Author: Riley Allen

8. Oboe Insurance Guide: Coverage Needs For Students, Professionals, And Collectors
Author: musicinstrumentsins

9. What Does Uk Private Health Insurance Include?
Author: Riley Allen

10. 5 Smart Ways To Lower Your Health Insurance Costs
Author: Riley Allen

11. What Musicians Should Insure Before The Festival And Wedding Season
Author: Clarion

12. Building A Secure Future With The Right Financial Guidance In Auckland
Author: Right Choice Finance

13. Best Senior Life Insurance Plans In 2026: Affordable Coverage Options For Seniors
Author: Retirement Ease Guide

14. How Musicians Protect Their Instruments While Touring Internationally?
Author: musicinstrumentsins

15. Mortgage Protection Vs. Income Protection: Which One Is Essential For Kiwis?
Author: Right Choice Finance

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: