West Palm bankruptcy lawyer loses law license after 2021 attack on terminally ill girlfriend

The Palm Beach Post reports

WEST PALM BEACH — A bankruptcy lawyer who in 2021 beat up his terminally ill girlfriend, then shot her with a pellet gun as she tried to flee, has given up his license to practice law.

Donald Nathan Jacobson pleaded guilty to battery after prosecutors said he beat his girlfriend unconscious and shot her when she returned to their Broward County home the next day to get her cancer medication. His attack on the woman was “merciless,” wrote a member of the Florida Bar in an emergency petition to suspend Jacobson from the Bar in March, after it learned of the allegations.

“It’s hard to fathom a case of more serious harm than what has transpired here,” wrote Bar counsel Randi Klayman Lazarus in the petition.

Jacobson chose to surrender his law license rather than fight the disciplinary charges against him. The Florida Bar revoked his license — the equivalent of disbarment — on Dec. 15, ending the attorney’s three-decade legal career in Palm Beach County.

Jacobson, 59, cannot seek readmission to the Florida Bar.

https://eu.palmbeachpost.com/story/news/local/westpb/2023/01/05/florida-bar-disciplines-lawyer-who-attacked-terminally-ill-girlfriend/69765091007/

 

THE FLORIDA BAR’S PETITION FOR EMERGENCY SUSPENSION

This petition of The Florida Bar (the bar) seeks emergency relief and requires the immediate attention of this Court under Rule 3-5.2 of the Rules Regulating The Florida Bar.

The bar seeks the emergency suspension of Donald Nathan Jacobson, Attorney No. 844098, from the practice of law in Florida based on facts set forth in the Complaint Affidavit (Probable Cause Affidavit/Arrest Form) of Officer Vanessa A. Encina, Pompano Beach Deputy, dated December 20, 2021[1] attached as Exhibit “A”, that establishes clearly and convincingly that Donald Nathan Jacobson has caused, or is likely to cause, immediate and serious harm to clients or the public as follows:

1 The bar was informed of this arrest on February 18, 2022.

1. The bar’s Executive Director authorized filing this Petition for Emergency Suspension.

FLORIDA LAWYER DONALD JACOBSON MUGSHOT

2. Respondent, Donald Nathan Jacobson, is and, at all times hereinafter mentioned, was a member of The Florida Bar admitted on April 26, 1990 and is subject to the jurisdiction and disciplinary rules of the Supreme Court of Florida.

3. Respondent is currently the subject of a bar disciplinary matter which has been assigned Florida Bar file number 2022-50,488(15E)FES.

4. The Complaint Affidavit (Probable Cause Affidavit/Arrest Report) attached as Exhibit “A” reflects that on December 19, 2021 an altercation occurred between the victim (respondent’s live-in girlfriend of 2 ½ years) and the respondent in which he grabbed her by her hair and pushed her into a cement surface several times, striking her head.

The respondent continued to strike her with such force that she was thrown toward a toilet causing it to break.

As a result, the victim lost consciousness. Thereafter, she drove to the hospital to seek medical attention.

The victim is suffering from Stage 4 lung cancer and is terminally ill.

On the following day, the victim returned to the residence in which she cohabitated with the respondent to retrieve her cancer related medication believing that the respondent would not be home.

When she saw his car in the driveway, she knocked on the door and asked for her medication.

The respondent then stated,

“I hope you die; I can’t wait for you to die.”

The victim telephoned 911 for assistance as the respondent held a shotgun and yelled,

“Die Bitch, Die Bitch”, “You’re going to fucking die.”

The respondent fired the gun and continued shooting as the victim ran away.

The victim was struck in her back and head.

The victim had multiple contusions and lacerations on her body from the assault from the day before.

She had two pellets from the shotgun round embedded in her skin, swelling and bruising to her left upper cheek near her eye and markings on the back of her head, neck and back consistent with being struck by pellets from the shotgun.

Soon after the incident, the respondent was arrested after having fled the scene.

5. The respondent has been incarcerated since the date of his arrest and is being held on a “no bond” status.

6. As a result of the events of December 19, 2021 and December 20, 2021, the respondent was charged by information by the state of Florida on January 20, 2022 with Attempted Murder in the First Degree and Battery.

(A copy of the Information is attached as Exhibit “B.”)

7. On March 1, 2022, the respondent’s attorney filed a Motion for Appointment of Expert with Request for Competency Determination Within 20 Days in the pending criminal case.

(A copy of the Motion is attached as Exhibit “C.”)

In it, the attorney advised that he had requested that the respondent be evaluated by Dr. Blake McGrane to evaluate the respondent’s competency.

Dr. McGrane is a licensed psychologist in the state of Florida who specializes in forensic and clinical psychology. Dr. McGrane graduated from Nova Southeastern University’s Doctor of Psychology (Psy.D.) program in Clinical Psychology. There he specialized in the field of forensic psychology. Dr. McGrane has worked in inpatient and outpatient settings.

Dr. McGrane submitted a report February 2, 2022 that includes a finding that the respondent is incompetent to proceed.

The comprehensive report is referenced as Exhibit “D” and is being filed as a confidential document.

8. Respondent’s conduct above violated the following Rules Regulating The Florida Bar: 3-4.3 [Misconduct and Minor Misconduct.]; 3-
4.4 [Criminal Misconduct.]; and 4-8.4(b) [Misconduct. A lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.].

DR. BLAKE McGRANE

9. It is hard to fathom a case of more serious harm than what has transpired here.

This respondent first beat his terminally ill girlfriend mercilessly and the following day shot her as she ran for her life when she asked for her cancer medications.

Crimes of violence “affect the perception of the public that the lawyers of this state do uphold the laws”

The Florida Bar v. Kandekore, 766 So.2d 1004 (Fla.2000), The Florida Bar v. Schreiber, 631 So.2d 1081 (Fla.1994).

10. The bar’s investigation of this matter has shown a substantial likelihood that respondent cannot practice law competently and in compliance with the Rules Regulating The Florida Bar.

In addition, respondent’s continued practice of law is likely to place an undue burden on the judicial system and the public.

The above facts show that respondent has caused, or is likely to cause, immediate and serious harm to clients or the public and immediate action must be taken to protect respondent’s clients and the public.

Therefore, under Rule 3-5.2, the Bar respectfully requests this Court issue an order suspending respondent from the practice of law until further order of this Court and ordering the respondent to:

A. Immediately:

a. Accept no new clients from the date of this Court’s order of emergency suspension;

b. Initiate no litigation on behalf of clients from the date of this Court’s order of emergency suspension;

c. Provide a copy of this Court’s order of emergency suspension to all courts, tribunals, or adjudicative agencies before which Donald Nathan Jacobson is counsel of record; all state, federal, or administrative bars of which respondent is a member; all clients; all co- counsel; and all opposing counsel, as required by Rule 3-5.1(h);

d. Cease withdrawing or disbursing any money from any trust account or other financial institution account holding funds of clients or third parties in respondent’s possession in connection with legal representation or funds of third parties in connection with respondent’s service as a fiduciary including, but not limited to, personal representative, guardian, or trustee, until further order of this Court, a judicial referee appointed by this Court, or by order of the circuit court in an inventory attorney proceeding instituted under Rule 1-3.8;

e. Not transfer any ownership of any real or personal property purchased in whole or in part with funds of clients or third parties in connection with legal representation or with funds of third parties in connection with respondent’s service as a fiduciary including, but not limited to, personal representative, guardian, or trustee, without approval of this Court, a judicial referee appointed by this Court, or by order of the circuit court in an inventory attorney proceeding instituted under Rule 1-3.8;

f. Deposit any fees or other sums received in connection with the practice of law or employment as a personal representative, guardian, or trustee, by the respondent on or after the date of this Court’s order of emergency suspension into a specified trust account from which withdrawal may only be made by order of this Court, a judicial referee appointed by this Court, or by order of the circuit court in an inventory attorney proceeding instituted under Rule 1-3.8;

g. Provide a copy of this Court’s order of emergency suspension to all banks and financial institutions where the respondent maintains any account holding funds of clients or third parties in respondent’s possession in connection with representation or funds of third parties in connection with respondent’s service as a fiduciary including, but not limited to, personal representative, guardian, or trustee;

h. Comply with, and provide all documents and testimony responsive to, a subpoena from the bar for trust account records and any related documents necessary for the bar to conduct a trust account audit;

i. Authorize any referee appointed in these proceedings to determine entitlement to funds in any trust accounts frozen as a result of an order entered in this matter; and

j. Turn over to any successor the complete financial records of any estate, guardianship, or trust in which respondent served as a fiduciary on the successor’s appointment;

k. Cease holding yourself out as a Florida Bar member or lawyer and eliminate all indicia of respondent’s status as a Florida Bar member or lawyer on websites, email, social media, telephone listings, stationery, checks, business cards, office signs, email address, and any other indicia of respondent’s status as a Florida Bar member or lawyer; and

B. Within 30 days from the date of this Court’s order of emergency suspension:

a. Cease all practice of law in Florida;

b. Withdraw from representation of all clients;

c. Wind down all pending matters;

d. Cease acting as a fiduciary, including, but not limited to, personal representative for any estate, guardian for any ward, and trustee for any trust;

e. Provide Staff Counsel with an affidavit listing all of the following that respondent notified of this Court’s order of emergency suspension: all courts, tribunals, or adjudicative agencies before which respondent is counsel of record; all state, federal, or administrative bars of which respondent is a member; all clients; all co-counsel; and all opposing counsel.

f. Provide Bar Counsel in this case with an affidavit listing each bank or financial institution to which respondent provided a copy of this Court’s order of emergency suspension; and

g. Notify Bar Counsel in this case of the receipt and location of any fees or other sums received in connection with the practice of law or in connection with respondent’s service as a fiduciary, including, but not limited to, personal representative, guardian, or trustee, received by respondent after issuance of this Court’s order of emergency suspension.

Respectfully submitted,

Randi Klayman Lazarus,
Bar Counsel The Florida Bar
Fort Lauderdale Branch Office
Lake Shore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
(954) 835-0233
Florida Bar No. 360929
rlazarus@floridabar.org smiles@floridabar.org

PATRICIA ANN TORO SAVITZ
Staff Counsel The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
(850) 561-5600
Florida Bar No. 559547
psavitz@floridabar.org

/s/ JOSHUA E. DOYLE
Executive Director
The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
(850) 561-5600
Florida Bar No. 25902
jdoyle@floridabar.org

CERTIFICATE OF SERVICE

I certify that this document has been E-filed with The Honorable John A. Tomasino, Clerk of the Supreme Court of Florida, with a copy provided via email to Respondent, Donald Nathan Jacobson, at donald@dnjlaw.com; and that a copy has been furnished by United States Mail via certified mail No. 7020 0090 0000 6804 8484, return receipt requested to Respondent, Donald Nathan Jacobson, at Main Jail Bureau, 555 SE 1st Ave., Fort Lauderdale, FL 33301; via email to David Fry, Esq., Office of the Public Defender, 201 SE 6th Street, Ste. 3872, Fort Lauderdale, FL 33301 at dfry@browarddefender.org, and via email to Randi Klayman Lazarus, Bar Counsel, rlazarus@floridabar.org and smiles@floridabar.org, on this 7th day of March 2022.

PATRICIA ANN TORO SAVITZ
Staff Counsel The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
(850) 561-5600
Florida Bar No. 559547
psavitz@floridabar.org

NOTICE OF DESIGNATION OF PRIMARY EMAIL ADDRESS

Bar counsel in this matter is Randi Klayman Lazarus, Bar Counsel, whose address, telephone number and primary email address are The Florida Bar, Fort Lauderdale Branch Office, Lake Shore Plaza II, 1300 Concord Terrace, Suite 130, Sunrise, Florida 33323, (954) 835-0233 and rlazarus@floridabar.org and smiles@floridabar.org. Respondent need not address pleadings, correspondence, etc. in this matter to anyone other than bar counsel and to Patricia Ann Toro Savitz, Staff Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-2300, psavitz@floridabar.org.

MANDATORY ANSWER NOTICE

RULE 3-5.2(a), OF THE RULES REGULATING THE FLORIDA BAR, PROVIDES THAT A RESPONDENT MUST ANSWER A COMPLAINT.