‘Outraged’: Family Elder Law attorney wants license revoked, investigation dropped, petition shows

POLK COUNTY, Fla. (WFLA) – A lawyer whose elder law offices in Polk County closed abruptly in July is requesting his license be revoked amid allegations of misappropriating funds from his elderly clients and their families, records show.

A lawyer representing Jason Penrod has filed a petition with the Florida Supreme Court which, if granted, would revoke Penrod’s law license and likely end the disciplinary investigation currently underway by the Florida Bar.

“I am really outraged,” said Leticia Labate.

Labate said she was a new client of Family Elder Law in Lakeland this summer.

Bank records show a $4,500 payment to the law firm on July 1st, to assist Labate in finding the best care for her 91-year old mother, Esther Garcia.

“He basically took her money as he was walking out the door. He received the documents to start working on the file the day before closing,” said Labate.

Labate said after her first interview with News Channel 8 about the law office closure, her mother did get her money back.

This came after Labate pulled her mother out of rehab early because of concerns about money.

Last week, Labate’s mother passed away.

“Not just having to deal with her medical condition but also having to deal with an attorney who basically misappropriated funds was extremely painful,” said Labate.

The Florida Bar has confirmed to News Channel 8 it is investigating the allegations against Jason Penrod.

According to the Petition for Disciplinary Revocation filed by his attorney , the charges against Penrod involve the misappropriation of funds, including two instances that were self-reported by Penrod.

The petition stated that Penrod would reimburse the Client Security Fund (CSF) for any and all funds CSF has paid or may pay out for claims “resulting from petitioner’s misconduct,” as well as reimburse the Florida Bar $1,250 for the cost incurred in the disciplinary cases.

Penrod would also agree to submit a complete audit of his accounts, including any trust accounts, in which he has placed client funds, and submit a sworn financial affidavit.

His attorney, Richard Greenberg, declined to comment about the motion filing, Penrod’s alleged behavior, or his whereabouts.

The petition requests “leave to apply for readmission,” which means Penrod could be admitted into the Florida Bar at a later date.

“His motion to have his license revoked should definitely be rejected. His license should definitely be revoked, definitely, for the rest of his life but it should be after a full investigation by the Bar,” said Labate.

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