Inappropriate client interaction such as hounding a woman to come over to his house late at night and slipshod work that ended with a grandmother’s eviction got a Daytona Beach attorney suspended from his law career for two years.
Kevin Vagovic admitted to the violations of ethics that led to his suspension from practicing law until Aug. 28, 2027. Before readmittance to the Florida Bar, which he first joined in 2014, Vagovic must pay $1,000 and attend ethics classes and a professionalism workshop.
Vagovic also must be evaluated by Florida Lawyers Assistance, which monitors and assists legal professionals dealing with mental health and substance abuse issues, and enter into a rehabilitation contract, if the evaluator deems it necessary.
The only previous disciplinary action against Vagovic concerned his tardy response to the Bar concerning this complaint earlier this year.
According to the conditional guilty plea, after Vagovic took on Client 1 (a woman) and Client 2 (Client 1’s mother) in a Volusia County foreclosure case, the lawyer tried to friend Client 1 on Facebook.
“Although (she) initially declined the request, shefelt pressure to accept [Vagovic’s] second request based on his status as her lawyer,” Vagovic’s guilty plea said. “Thereafter, (he) began sending (Client 1) late-night private Facebook messages and phone text messages that became more sexually suggestive and referenced [Vagovic] being under the influence of alcohol.”
The report by the case referee, Judge Meredith Charbula, said: “ln some messages, Vagovic “pressured (Client 1) to come to his house, late at night, to drink alcohol with him. ln one message (he) told (Client 1) that he did not wear clothes to bed and asked (her) to describe her sleep attire.”
The client worried that if she didn’t put up with Vagovic, he might withhold his best legal efforts on behalf of her and her mother. But when she found out he didn’t appear for a hearing he should have known about, she fired him as their attorney and filed a motion to give them time to find a replacement lawyer.
“The motion conveyed (Client 1’s) discomfort with respondent’s sexually suggestive messages and her belief that respondent failed to appear for the hearing because she had not been receptive to respondent’s advances,” the referee’s report said. “Attached to the motion to continue were copies of the private messages between [Vagovic] and (Client 1).”
The judge in the foreclosure case forwarded everything to the Florida Bar.
Vagovic “attributed his missed court appearance to improper calendaring by his staff,” his guilty plea said. “He explained that his ‘flirtatious banter’ with (Client 1) was intended as friendship only and explained that he wanted to meet (her) alone to determine whether her mother, (Client 2), had been truthful in conveying the facts of the case to him.”
The referee’s report adds: Vagovic “did not schedule an appointment, during regular business hours, to meet with (Client 1) at his office.”
Vagovic accepted money from Client 3 and Client 4 (Client 3’s grandmother), defendants in an eviction case, but entered a notice of appearance only on behalf of Client 4 and filed a complaint answer for her. Client 3 got hit with a default judgment.
Vagovic “failed to communicate with (Client 4) before mediation and, therefore did not have settlement authority to resolve the dispute,” the guilty plea said. He “then tried to continue the trial that was to be held two days after mediation.”
The court rejected a continuance filing by Vagovic. Come the trial’s start date, Vagovic’s assistant emailed a request to reschedule because Client 4 had COVID. The judge allowed that, but would not allow Vagovic, who also claimed illness, to appear remotely.
Vagovic “claimed that he mistakenly believed he would be permitted to appear via Zoom but was unable to log in at the appointed time,” the guilty plea said. “The court entered judgment against (Client 4) and issued a Writ of Possession authorizing her removal from the premises. After (Client 4’s) eviction, [Vagovic] made a disingenuous attempt at seeking rehearing and his motion was denied without a hearing.”
Vagovic did refund his $2,500 fee.
