SUNIL THOMAS ABRAHAM, respondent, having been duly advised of. his procedural rights under the Rules Regulating The Florida Bar, hereby tenders

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1 IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, Complainant, v. SUNIL THOMAS ABRAHAM, Respondent, '/ Supreme Court Case. No. The Florida Bar File Nos ,605(17F); ,543(17F); and ,220(17F) UNCONDITIONAL GUILTY PLEA AND CONSENT JUDGMENT FOR DISCIPLINE SUNIL THOMAS ABRAHAM, respondent, having been duly advised of his procedural rights under the Rules Regulating The Florida Bar, hereby tenders this Unconditional Guilty Plea and Consent Judgment for Discipline pursuant to R. Regulating Fla. Bar 3-7.9(a) and says: 1. Respondent, Sunil Thomas Abraham, is and at all times hereinafter mentioned was a member of The Florida Bar and subject to the jurisdiction and disciplinary rules of the Supreme Court of Florida. 2. Respondent is 36 years of age and has been a member of The Florida Bar since October 7, Respondent is currently the subject of the above referenced disciplinary matters which have been assigned The Florida Bar File Nos. ~

2 ,605(17F); ,543(17F); and ,220(17F). The respondent waives his right to consideration by a grievance committee as provided for by Rule , Rules of Discipline, and hereby stipulates that probable cause for further disciplinary proceedings exists as to these matters. 4. Respondent waives his right to a probable cause hearing before a grievance committee and admits that the following facts are true and accurate and stipulates: A. As to Florida Bar File No ,605(17F), the complaint of Kathryn Goodman: 1. The respondent received payments on behalf of Ms. Goodman from tenants of an apartment complex owned by Ms. Goodman. 11. As part ofthat duty, the respondent was authorized to make certain expenditures. conducted An examination of the respondent's accounts was IV. The respondent failed to properly identify all payments and expenditures. 2 c$i)

3 v. An examination ofthe respondent's trust account records revealed that he failed to maintain all required records. v!... An examination of the respondent's trust account records revealed that he engaged in some commingling. B. As to The Florida Bar File No ,543(17F), the complaint of Kristie Nelson: 1. The respondent was the closing agent in the closing of Ms. Nelson's home. 11. The respondent completed the closing despite the fact that the title was not clear Although clear title was eventually obtained, the respondent did not properly investigate whether the title was clear at the time of closing. C. As to Florida Bar File No ,220(17F), the complaint of Michael William Simon, Esq.: 1. The respondent represented the defendant in litigation filed by the complainant, on behalf of his clients. 11. At the time that the respondent served affirmative defenses on behalf of his client, he also filed a counterclaim against 3 ~

4 the complainant alleging that statements made in the complaint were slanderous and libelous causing damage to the respondent and his law firm. Ill. Although the claim was ultimately dismissed, the respondent's actions forced the complainant's clients to seek new counsel and report the claim to their liability carrier. IV. The respondent failed to recognize well established case law which establishes the existence of a litigation privilege. 5. Respondent admits that by reason ofthe foregoing facts, he has violated Rule COMPETENCE (A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.); MERITORIOUS CLAIMS AND CONTENTIONS (A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.); 5-1.1(a)(1)

5 TRUST ACCOUNTS - Commingling prohibited; 5-1.2(b)(4) MINIMUM TRUST ACCOUNTING RECORDS (Documentary support for all disbursements and transfers from the trust account); 5-1.2(b)(5) MINIMUM TRUST ACCOUNTING RECORDS (A separate cash receipts and disbursements journal, including columns for receipts, disbursements, transfers, and the account balance...); and 5-1.2(c)(1)(B) MINIMUM TRUST ACCOUNTING RECORDS (A comparison between the total of the reconciled balances of all trust accounts and the total of the trust ledger cards or pages, together with specific descriptions of any differences between the 2 totals and reasons therefor.). 6. Pursuant to Rule 3-7.9(a) of the Rules Regulating The Florida Bar, respondent hereby tenders an Unconditional Guilty Plea and Consent Judgment for Discipline wherein respondent agrees to the following discipline: A. A public reprimand to be administered by publication in the Southern Reporter B. Participation in The Florida Bar's Ethics School C. Attendance at The Florida Bar's Trust Accounting workshop D. Attendance at a CLE sponsored Basic Real Estate seminar 5 ~

6 1. All programs shall be completed within 6 months of the date that this consent judgment is executed. 7. Respondent tenders this consent judgment with full knowledge of all rights afforded to respondents in disciplinary proceedings by the Rules Regulating The Florida Bar including, but not limited to, the right to an evidentiary hearing before the referee (during which The Florida Bar would have the burden of proving its case by clear and convincing evidence). 8. Respondent agrees to pay all costs reasonably incurred by The Florida Bar in the investigation ofthe aforesaid matter within 30 days of the entry of the Supreme Court's final order, with statutory interest to accrue on all costs not paid within said time, unless time for payment is extended by the Board of Governors. 9. Respondent agrees that he will not attempt to discharge the obligation for payment of the Bar's costs in any future proceeding, including but not limited to, a Petition for Bankruptcy. 10. Respondent agrees to reimburse the Clients' Security Fund (CSF) for any and all funds CSF has or may payout on any claims resulting from respondent's misconduct. 11. Respondent understands that The Florida Bar's agreement with this consent judgment is conditioned upon approval by Staff Counsel of the Florida 6 ~

7 Bar, The Florida Bar Board of Governors' Designated Reviewer, the referee, and the Supreme Court of Florida. 12. Respondent agrees that this Unconditional Guilty Plea and Consent Judgment for Discipline and every factual admission contained herein, specifically the admissions set forth in paragraph 4, shall have full force and effect regardless of any subsequent recommendation or action taken with respect to the terms of the discipline offered by respondent pursuant to this consent judgment for discipline. 13. Respondent certifies that he is not acting under duress, he is not presently under the influence of any substance, and that he is not laboring under any physical or mental infirmity which would preclude him from knowingly and intelligently executing and submitting this guilty plea and consent judgment. 14. Respondent acknowledges that this consent judgment is tendered knowingly and voluntarily without fear, threat, coercion or promises not set forth in this agreement. 15. Respondent acknowledges that should the conditions set forth herein be met, then this consent to discipline shall not be subject to modification or withdrawal in any subsequent proceeding. 16. Respondent understands and agrees that this Unconditional Guilty Plea and Consent Judgment for Discipline is a public document, and will become 7 ~

8 part of the public record in this case. Respectfully submitted, SUNIL THOMAS ABRAHAM, # Respondent Abraham & Sweeney, P.A Bayview Drive, Suite 610 Fort Lauderdale, FL (954) TE OF FLORlDA ) COUNTY OF BROW ARD) BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared SUNIL THOMAS ABRAHAM and after being by me first and duly sworn on oath deposes and says that he has signed the foregoing Unconditional Guilty Plea and Consent Judgment for Discipline and acknowledges that he approves the filing thereof for the purposes therein expressed.. The foregoing instrument was acknowledged before me on this le\ It\ day of lcl\~, 2010, by SUNIL THOMAS ABRAHAM, who is personally kn; n to me or who has produced rl.. ;.. as identification and who did take an oath. Dated:..., J..., );0 I I g~y=:::;:::::::::;-~~ RANDI KLAYMAN LAZARUS, # Bar Counsel The Florida Bar Lake Shore Plaza II 1300 Concord Terrace, Suite 130 Sunrise, Florida (954)

9 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that the original of the foregoing Unconditional Guilty Plea and Consent Judgment for Discipline has been mailed on this j, ~ day of att~, 2010, to Randi Klayman Lazarus, Bar Counsel, The Florida B, ak Shore Plaza II, 1300 Concord Terrace, SUlte 130, Sunrise, Florida ~--- SDmLTHOMASABRAHAM 9