Panama City attorney suspended by Supreme Court of Florida

According to documents obtained by WJHG and WECP, John Leslie Gioiello, who lists a mailing address of P.O. Box 1987 in Panama City, has been “suspended until further order, following an April 20 court order. (Admitted to practice: 1985) Gioiello was found in contempt for noncompliance. Gioiello failed to comply with the terms of a Feb. 19 report of minor misconduct, which placed him on probation for one year and required him to schedule an evaluation with Florida Lawyers Assistance, Inc., within 10 days and provide proof to The Florida Bar within 60 days.”

The case dates back to 2013.

According to court documents, “On or about December 6, 2013, Respondent prepared the legal documents in a matter in which Lupine Land LLP loaned Scott Watkins $17,500. The loan was secured by property deeded to Mr. Watkins and Kathleen Burnham. Respondent (Gioiello) was to check the liens on the property and secure a lenders' title policy. Mr. Watkins was in a hurry to obtain the loan because he stated that he needed to travel out of the country. After he got the money, Mr. Watkins failed to honor the promissory note. Ms. Burnham agreed to pay the loan but she did not want Mr. Watkins claiming an interest in the property later. Although he was not paid any additional legal fees, Respondent promised his client that he would get a lien on the property dismissed and would obtain a quit claim deed from Mr. Watkins who was incarcerated. As of the date of the grievance committee hearing,however, Respondent had failed to get the quit claim deed executed by Mr. Watkins. Respondent appeared at the grievance committee hearing on November 12, 2015, took full responsibility for his actions, and stated he could not find Mr. Watkins because he had been released early from prison. The grievance committee found Respondent in violation of Rules: 4-1.2 (Scope of Representation), 4-1.3 (Diligence), and 4-1.4 (Communication.)”

The committee’s report did find aggravating factors in the case were “prior disciplinary offenses and substantial experience in the practice of law.” The committee’s report did find mitigating factors to be“absence of a dishonest or selfish motive - Respondent was not paid any additional legal fees to obtain the quitclaim deed or dismiss the lien; personal and emotional problems; and remorse.”

Gioiello was given multiple chances to comply with the court order and failed to do so according to court documents. As part of the Feb 2016, minor misconduct order, Gioiello was supposed to contact Florida Lawyers Assistance, Inc., the non-for-profit Florida Corporation mandated by the Florida Supreme Court to provide substance abuse and mental heath evaluation, rehabilitation, monitoring and reporting services.

According to court documents, Gioiello failed to contact FLA, despite multiple attempts by the Florida Bar to get him to do so. In letters dated February 22, 2016, June 22, 2016 and November 29, 2016, the Florida Bar spells out the requirement to contact FLA, but as of January 18, 2017, “FLA has not been contacted by Mr. Gioiello” according to an affidavit signed by Scott Weinstein, Clinical Director for FLA.

In granting the Florida Bar’s petition for contempt and order to show case, justices ruled Gioiello must also pay $1250 in administrative costs associated with his case.