Attorney discipline: 14 attorneys in South Florida spanked

One attorney tried to give a judge a bottle of wine. Another is accused of stealing money from client trust funds. A third attorney lost her driver’s license and was suspended after a felony DUI.

Overall, 14 lawyers in South Florida faced discipline by the Florida Supreme Court in recent court orders from April and May.

Bankruptcy attorney Kevin Gleason already apologized publicly for criticizing U.S. Bankruptcy Judge John Olson and for trying to smooth it over by sending a bottle of wine to Olson’s office. Now he will be publicly reprimanded following a May 15 order from the Florida Supreme Court.

West Palm Beach attorney James Herbert Rainey was suspended on an emergency petition accusing him of raiding client trust funds. Rainey’s attoney, Kevin Tynan, said his client denies the allegation and is defending himself.

What happened to the clients’ funds? Tynan said he wasn’t prepared answer that question from a newspaper reporter, but he would be filing motions soon outlining Rainey’s defense.

Two South Florida attorneys were permanently disbarred. Another two faced normal disbarment, which means they can reapply for a law license under certain conditions in five years.

Statewide, the court disciplined 23 attorneys, disbarring six, suspending 12 and publicly reprimanding five.

A news release from the Florida Bar provided the following summaries of additional South Florida discipline cases:

John Patrick Clement, North Palm Beach, permanently disbarred on a May 3 order. Clement was found in contempt for non-compliance with the terms of a December 2011 disbarment order. Clement failed to respond to correspondence from the Bar and failed to appear at final hearings on Jan. 12, 2012 and Feb. 10, 2012. (Case No. SC11-1458)

Rene Navarro, Miami, permanently disbarred on a May 15 order. Navarro was found in contempt for violating the terms of his January 2008 disbarment order. Navarro engaged in the practice of law, despite being disbarred. (SC12-1561)

Robert W. Frazier Jr., Fort Lauderdale, disbarred retroactive to April 1, 2011, following a May 2 order. Frazier intentionally and actively assisted a client in cashing a check that did not belong to either of them. He then turned the proceeds over to the client. (Case No. SC11-819)

Mark David Tucker, Miami, disbarred effective 30 days from an April 30 order. Tucker was found in contempt for failing to comply with the terms of a November 2010 suspension order that also placed him on probation for three years. Tucker failed to pay $72,950 to a former client within the three-year probationary period as required. (Case No. SC12-952)

Rita Rosato Pitassi, Delray Beach, suspended for three years on a May 15 order. Pitassi was adjudicated guilty in court of one count of felony driving under the influence, for the third time in 10 years. Pitassi was sentenced to 150 days incarceration and five years probation. She was also released to a drug and alcohol treatment facility for 120 days of inpatient treatment and random drug testing during probation; her driver’s license was permanently revoked. (SC12-1892)

Ronald George Baker, Coral Gables, suspended for 91 days, effective July 14, on a May 15 order. Baker had a long-time business relationship with a client. A restatement of a trust provided that Baker, who prepared documents at the instruction of the client, would receive $250,000 as a beneficiary. Upon the death of the client, Baker disbursed the funds to himself and also collected $110,000 for serving as trustee, personal representative and attorney. Baker violated Bar rules involving conflict of interest. His acceptance of a substantial gift from a client was inappropriate and also violated Bar rules. (Case No. SC12-2725)

Libio Calejo, Doral, suspended for one year, effective 30 days from a May 15 order. Calejo represented approximately 20 debtors in federal bankruptcy court. Many of the petitions and schedules he filed contained inaccuracies, leading to amendments that also contained inaccuracies and resulted in unreasonable delays. Calejo’s failure to appear at a number of scheduled creditors’ meetings resulted in the dismissal of most of the bankruptcy cases. Calejo also failed to adequately communicate with clients, often leaving that responsibility to his non-lawyer personnel. (Case No. SC12-2729)

Kathleen M. P. Davis, Greenacres, suspended, effective 30 days from a May 30 order, until she fully responds in writing to Bar inquiries and until further order. Davis was found in contempt for failing to respond to multiple official Bar inquiries. (Case No. SC12-802)

Eric Richard Hospedales, Miramar, suspended for 90 days, effective 30 days from a May 15 order. During an investigation into a Bar complaint, Hospedales provided misleading and incomplete information to the Bar and its agents. In statements to a grievance committee member, Hospedales contradicted an earlier written statement. He also failed to reveal pertinent information. (Case No. SC12-912)

Jeffrey Allen McCann, Palm Beach Gardens, suspended for one year, effective immediately on a May 15 order. McCann was found in contempt for violating the terms of his April 2012 suspension order. Specifically, McCann was required to submit to The Florida Bar, a sworn affidavit listing the persons/entities to which he gave notice of his suspension and provided a copy of his suspension order. (Case No. SC12-1279)

Julio R. Ferrer Roo, Miami, suspended for one year, effective immediately, following a May 15 order. Roo was found in contempt for violating the terms of his April 2012 suspension order. Specifically, Roo was required to submit to The Florida Bar a sworn affidavit listing the persons/entities to which he gave notice of his suspension and provided a copy of his suspension order. (Case No. SC12-2137)

Laurie Schrier, Boynton Beach, suspended until further order, effective 30 days from an April 12 order. Schrier failed to respond to multiple Bar inquiries regarding a complaint. (Case No. SC12-2164)

Elsewhere in Florida:

Jessica Ann Bennett, Riverview, permanently disbarred on a May 15 order. (Case No. SC12-1305)

Jennifer Aycock Bonifield, Brandon, disbarred on a May 15 order.

Chris Eugene Cadenhead, Crestview, suspended until further order, effective 30 days from a May 7 order. (Case No. SC13-753)

Gayle Patricia Ellsworth, Warwick, R.I., suspended until further order, effective 30 days from a May 23 order. (Case No. SC13-900)

Stewart Lawrence Jacobson, Clermont, to be publicly reprimanded following a May 15 order. (Case No. SC12-1941)

Stephen Gilman Kolody, Fort Myers, suspended for 91 days, effective 30 days from a May 15 order. (Case Nos. SC11-721 & SC12-1420)

Miquell Mack, Ocala, to be publicly reprimanded, following a May 15 order. (Case No. SC12-2726)

Eduardo Julio Mejias, Altamonte Springs, to be publicly reprimanded and placed on probation for six months, on a May 15 order. (Case No. SC12-882)

Charles Edward Pellicer, Saint Augustine, to be publicly reprimanded and placed on probation for two years, following a May 15 order. (Case No. SC12-1190)

Discipline orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, less than 5 percent of disbarred lawyers seek readmission.

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Attorney discipline: 14 attorneys in South Florida spanked