Tristan Wood
Florida’s highest court affirmed the decision of a disciplinary referee Thursday to disbar a Tallahassee attorney accused of participating in a scheme that defrauded former NFL players connected to the 2016 concussion settlement agreement.
The state Supreme Court upheld the finding that Phillip Timothy Howard will lose his license to practice law for five years and have to pay $265,000 for restitution within six months to the estate of his client, Jason Hall and $15,449.70 to the Florida Bar for attorney fees. The referee found in June that Howard took $200,000 in settlement proceeds from Hall as part of a loan he never paid back, and fraudulently claimed a lien reduction fee of more than $56,000.
The referee said in the report that Howard had taken advantage of Hall, who was suffering from substance abuse problems.
After Howard helped Hall secure a $633,000 settlement, he set aside $200,000 for a loan he never paid back. Additionally, Howard claimed he helped to clear some $280,000 in medical liens Hall owed to Tallahassee Memorial Hospital, which would have made him eligible for the $56,000 lien reduction fee.
However, Hall’s family members provided evidence that the total was paid for by Medicaid, charity or otherwise written off without attorney input. Howard provided no evidence he negotiated for a fee reduction.
Howard was connected to a slew of allegations from former NFL players that he represented in concussion settlements, as reported in 2019 by Law360. He paid $386,000 in the SEC to end fraud claims in 2020.
In concluding the decision, the referee offered harsh criticism of Howard.
“It is difficult to see how even five years from now respondent Howard could or should be again placed in the position of trust held by attorneys in Florida,” he said. “It is without pleasure that this referee must make the following recommendation: disbarment. It is the only appropriate sanction.”
