Christina Fishman

Prof. Corsmeier

PLA 3703-1843

6 July 2020

Lawyer Discipline Report

Description of Lawyer

David Drake Sharpe of Tampa, FL was admitted to the bar April 17, 2008. While he was

not certified in any area of the law, Mr. Sharpe provided legal service in Probate and Trust,

International Business, Business, and Real Property.

Description of Lawyer’s Actions, Rules Violated, and Disciplinary Action

Mr. Sharpe was disbarred and ordered to pay costs by The Supreme Court of Florida.

The consequences imposed were due to Mr. Sharpe’s actions which violated Rules 4-3.1

(non-meritorious claims), 4-3.2 (failure to expedite litigation), and 4-8.4(d) (conduct prejudicial

to the administration of justice).

Beginning in October, 2014, Mr. Sharpe committed the rule violations listed above

numerous times throughout his advocacy. The violations occurred during 3 cases referred to as

“Mortgaged Property,” “Probate Case,” and “Foreclosure Case.”

He violated rule 4-3.1 and 4-3.2 by filing frivolous motions to intentionally delay

litigation in the three cases listed above, and documented within the Complaint and Findings of

Fact reports. Additionally, he would not comply with court orders and repeatedly chose not to

appear for scheduled hearings resulting in delays in some cases and default rulings for himself

and his clients in others.

 Mr. Sharpe also lied to the court. He intentionally excluded a mortgaged property in a

probate estate and misrepresented the current status of the probate case during a related

foreclosure case. This misrepresentation led to a ruling at the expense of the client and a

violation of rule 4.84(d).

Mr. Sharpe continued to demonstrate the same unethical behaviors throughout the case

brought against him by The Florida Bar as he did during his representation in the cases, above.

He requested frivolous, unmerited continuations and extensions and simply did not show up at

hearings. Ultimately, his absence led to a default judgment in favor of The Florida Bar as he

chose to move to Mexico prior to conclusion of the case.

Explanation of Rules Violated

Rule 4-3.1 (non-meritorious claims) - Lawyers are not allowed to bring or defend a case or

advocate for an issue that is not necessary or important, including arguments for extension(s) or

modification(s).

Rule 4-3.2 (failure to expedite litigation) - Lawyers have a duty to make litigation happen as

quickly as is reasonable for the client’s best interests.

Rule 4-8.4(d) (conduct prejudicial to the administration of justice) - Lawyers cannot practice law

with prejudice of the administration of law toward or against litigants, jurors, witnesses, court

personnel, or other lawyers for any reason.

Possible Steps Lawyer Could Have Taken to Avoid Violation

There is no way to know why Mr. Sharpe chose the course of action which led to

disbarment. He could have been over-zealous, or suffering from substance-abuse issues.

Regardless, there are steps that any attorney in his position could have taken. The overarching

issue is that his ill behavior negatively impacts public perception of lawyers, as a whole. While

ethical behavior might seem to be common sense for most attorneys, in Mr. Sharpe’s case, a

review of the Rules of Professional Conduct is in order. The problem is, as the saying goes,

“one bad apple spoils the bunch,” and the public’s perception of all attorneys is tarnished due to

the few attorneys like Mr. Sharpe who exist among the whole.

Mr. Sharpe should have taken on a strict policy of preforming his duties ethically. He

could have accomplished this by communicating effectively with his clients, refusing to take

actions to deliberately delay proceedings, and behaving honestly with his clients and the court.

He should have complied with his duties of diligence. Mr. Sharpe showed lack of

diligence in his representation of his clients resulting in default judgments to the detriment of his

clients. Had Mr. Sharpe followed the Rules of Professional Conduct, he might still be living and

practicing law in Tampa, FL.