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Florida Supreme Court Suspends Tequesta Attorney Who Borrowed Client Trust Funds Without Independent Counsel Advice

The Florida Supreme Court suspended Tequesta attorney Brian McKenna O’Connell for one year in June 2023 after finding he used funds from a client’s trust for himself without advising the client to seek independent counsel regarding the trust provision he claimed authorized the borrowing.

By Scammers.com Staff · · 1 min read

Published Nov. 6, 2026. Case status is current as of that date.

According to The Florida Bar News’s August 1, 2023 report, the Supreme Court of Florida suspended Brian McKenna O’Connell of Tequesta for one year and required Ethics School, effective 30 days following a June 29, 2023 order in Case No. SC22-699, after finding he used funds from a client’s trust based on his belief that the trust permitted him to borrow those funds, without advising the client to seek independent counsel [1].

Status: One-year suspension plus Ethics School; order June 29, 2023 (SC22-699). The Bar News notes he paid the funds back with interest a few months later [1].

What the Bar News reports

According to The Florida Bar News [1]:

  1. O’Connell (admitted 1980) used funds from a client’s trust based on his belief that the terms of the trust permitted him to borrow those funds.
  2. He failed to advise his client to seek independent counsel regarding the provision he believed allowed him to borrow funds for his own use.
  3. He paid back the funds with interest a few months after using them.
  4. He also made a charitable donation on behalf of the client but told the charity it was on his own behalf and deducted the donation on his tax return; he later corrected those acts with the charity and by filing an amended return.

The attorney suspended

Brian McKenna O’Connell, Tequesta, Florida. Admitted 1980. One-year suspension June 29, 2023 order (SC22-699) [1].

Case status (as of Nov. 6, 2026)

Respondent Court Status Source
Brian McKenna O’Connell, Tequesta Supreme Court of Florida, SC22-699 Suspended 1 year + Ethics School; order June 29, 2023 [1]

Attorneys suspended 91 days or longer must prove rehabilitation to regain their licenses under Florida’s system.

Sources

  1. The Florida Bar News, “August 1, 2023 Disciplinary Actions” (reporting Supreme Court order in SC22-699). https://www.floridabar.org/the-florida-bar-news/august-1-2023-disciplinary-actions/
  • #attorney discipline
  • #Florida Bar
  • #trust account
  • #Brian McKenna O’Connell

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