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Legal Scenario

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Antonio Raimundo Montana (“Tony”) was once the office manager of Captain Kirk, P.A. (“Firm”). A few of Tony’s duties involved client billing and managing the Firm’s accounts, both the operating and trust accounts. Tony had been at the Firm for over 20 years and was a trusted employee, so much so that the managing partner, Spock, rarely supervised Tony’s actions.

When Tony first started at the Firm he would provide Spock a monthly report that detailed the activity of the trust account. Spock required this report as means to comply with the Florida Bar Rule 5-1.1, which mentions that a lawyer must maintain and supervise the trust account. However, as the Firm rapidly expanded and the workload increased, Tony asked Spock to eliminate such “busy” work like that of the monthly report of the trust account. Spock agreed to cease the monthly reports since he had developed a strong sense of trust and loyalty to Tony over the years. Also, Tony had never done anything in the past to make Spock suspicious of Tony’s actions.

Spock had to go out of state for a month’s time for a trial. Before leaving, he asked that Tony be on the lookout for a $1 million dollar wire transfer that was expected to be coming in the next couple of days and is to be held within the Firm’s trust account. Tony obliged and said that everything would be taken care of and that the accounting records would be updated once received.

While Spock was out of town, he emailed Tony on several occasions inquiring if the wire transfer was ever received since he had received notice from the client that the money was sent. Tony was unresponsive to any of Spock’s messages. Spock didn’t think much of it due to the fact that the Firm was very busy and he assumed that Tony might have been a bit overwhelmed managing the office while Spock was absent.

Upon returning to the office, Spock received word

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