A former Anna Maria commissioner is battling an ethics complaint in the Florida Supreme Court.
Chuck Webb, a practicing attorney with an office in Holmes Beach, is accused of violating the rules of conduct governing Florida lawyers.
Webb has denied the allegations.
Filed in March, the Florida Bar alleges Webb entered a security agreement with David Guy in July 2009 to secure unpaid attorneys’ fees after Webb agreed to defend Guy and wife Jane in a foreclosure.
Three of the clients’ properties, one in Holmes Beach and two in Palmetto, were secured by Webb as collateral, according to the complaint.
Webb also represented the Guys in two other foreclosures and sued his clients for fees in October 2009.
Webb’s firm purchased one of his clients’ Palmetto properties at a foreclosure sale in June 2010.
The complaint alleges on several occasions during his representation of the Guys that Webb told the court his clients had been properly served when they were not.
Specifically, the bar alleges the following violations against Webb:
• Failure to diligently defend the Guys in their 2009 foreclosure case.
• Engaging in a conflict of interest by entering a security agreement with David Guy, without first advising him to seek independent counsel.
• Failure to protect both clients after withdrawing as their attorney in a foreclosure.
• Failure to explain matters to the Guys to help them make informed decisions.
• Misrepresentations to the court and judges.
The bar complaint also alleges Webb broke the rules relating to attorney diligence, communication, conflict of interest, declining or terminating representation, meritorious claims and contentions, candor toward tribunal, truthfulness and misconduct.
Webb denied the allegations in an April response filed by his Orlando attorney, Barry Rigby.
In Webb’s response, he claims the 12th Circuit grievance committee offered him a diversion, which was “overturned” in a “deviation from proper procedures.”
An example of a diversion is a requirement to attend an ethics course, Susannah Lyle, bar spokeswoman, said.
The state bar regulates attorneys and assigns cases to grievance committees to determine “probable cause” before filing complaints on rule violations, such as the one filed against Webb.
Violations can lead to discipline by the state Supreme Court, ranging from a reprimand to law license suspension or discharge from the bar.
Twentieth Circuit Judge Alane Laboda is assigned to referee Webb’s case and will hear evidence, recommend sanctions and/or review a consent judgment.
After the referee hears a case and makes recommendations, the highest state court “very often adopts them,” according to Lyle.
No date has been set for a hearing.