Six South Florida lawyers have been disciplined for misconduct in February, according to the Florida Bar.
The Bar releases an official list of sanctions once a month, targeting attorneys accused of violating the standards of the legal profession. All of the descriptions below are provided by the Bar.
William Robert Amlong, of Fort Lauderdale, had his law license suspended for 91 days effective March 6. A Bar investigation concluded he failed to properly supervise his associate and “acted in bad faith in pursuing frivolous claims and concealing evidence” in a 2012 civil case. Details of the case were not posted online. As a consequence of the same case, Jennifer E. Daley is suspended for 91 days starting March 6 for allegedly making false statements to opposing counsel, failing to disclose material facts and obstructed opposing counsel’s access to evidence.
Brandon Joshua Barker, of West Palm Beach, had his license suspended for 30 days starting March 13 for failing to show up for a civil trial and not notifying the court.
Andrew David Hodes, of Boca Raton, had his license suspended for 60 days and ordered to attend The Florida Bar’s Ethics School for filing a faulty quit claim deed for his client. The error was uncovered when civil litigation regarding the property found that “Hodes committed acts of fraud, misrepresentation, forgeries and/or material alterations regarding the subject property and title,” according to the Bar. “Hodes’ intent was not to deceive or make a material misrepresentation, but rather, to correct ... errors that Hodes had made on the deed,” the Bar wrote in a news release announcing disciplinary action.
Enrique Miranda, of Miami, was suspended by a Feb. 11 court order ”inappropriate disbursement of escrow funds, misrepresentations about the funds held in trust, and violation of the fiduciary duty” in two business transactions totaling more than $100,000.
Francisca Johanna Wider, of Boca Raton, received a public reprimand and must attend the Florida Bar’s Ethics School for preparing a last will and testament in 2014 naming herself as the personal representative. “Wider telephoned the sole beneficiary [in 2016] and informed her that she was ‘mentioned’ in the will but did not tell the woman that she was the sole beneficiary of the estate,” the Bar stated. “Misrepresentations were made by Wider regarding the beneficiary’s status as sole beneficiary.”
Elsewhere in the state:
Curtis Lee Allen, of Temple Terrace, received a public reprimand for unprofessional conduct and was ordered to attend Professionalism Workshop effective immediately after a Feb. 4 court order. In one matter, Allen became unprofessional in his questioning of a witness who he believed was repeatedly lying. In another case, the trial court entered an order stating it had to intervene and set case management directives for both Allen and opposing counsel due to their unprofessional behavior toward each other. In a third matter, the trial court entered an order finding that Allen engaged in unprofessional and aggressive behavior.
Carl Robert Anderson, of Phoenix, AZ, was suspended for 91 days starting March 18. In Arizona, Anderson represented a homeowners association that was managed by a property management company. He allowed the employees of that company to perform secretarial and paralegal work for him. In some instances, the work was for cases unrelated to the HOA matters. In cases, Anderson failed to timely respond to discovery requests and failed to notify the clients of the requests. Judgments were subsequently entered against his clients and he failed to notify them of the judgments. This is a reciprocal discipline action based on the order filed by the State Bar of Arizona.
David A. Fernandez, of Bradenton, had his license revoked with leave to apply for readmission in five years effective 30 days after a Feb. 18 court order. Fernandez was hired to serve as the closing agent and title agent for the sale of a home and was found guilty of multiple rules. In additional matters pending at the grievance committee and staff level, Fernandez was accused of missing deadlines, failure to communicate with clients, engaging in a conflict of interest, being disqualified and removed as counsel in a matter due to a conflict, misusing client funds being held in his trust account, and conduct involving dishonesty or misrepresentation.
Andrew C. Hill, of Trinity, was suspended effective 30 days after a Feb. 3 court order. Hill was held in contempt of the court’s order dated June 27, 2019, due to a finding of probable cause for misconduct that occurred during his probation period.
Stephen Hillebrand, of Sarasota, was disbarred effective March 6. Hillebrand failed to diligently represent three clients; failed to reasonably communicate with the clients; and failed to complete the client’s representation to the detriment of the clients. Hillebrand failed to appear at his scheduled sworn statement and failed to participate in the disciplinary proceedings.
Diane Marie McGuire, of Key Largo, is publicly reprimanded effective immediately after a Feb. 11 court order. McGuire was found in contempt of court for failing to respond to official Bar inquiries.
William E. McManus Jr., of Johnson City, Tennessee, was disbarred in Florida effective March 22 after a Feb. 18 court order. McManus was charged with bribery of a public servant, a felony offense in Tennessee. McManus consented to disbarment in Tennessee and Florida. This is a reciprocal discipline action based on the Tennessee Supreme Court’s order dated June 26, 2020.
Charles Paul-Thomas Phoenix, of Sanibel, is suspended for two years after a Jan. 28 court order. Phoenix was counsel for a vacation rental management company that was operating as a Ponzi scheme. Phoenix signed a non-prosecution agreement with the U.S. Attorney’s Office agreeing to cooperate in the prosecution of the company’s executives in exchange for not being prosecuted himself. In the agreement, Phoenix admitted to certain conduct constituting rule violations, including making false statements and failing to timely withdraw from his representation of the company despite his knowledge of its illegal activity.
Michael Anthony Saracco, of Cocoa, is suspended for 45 days effective April 12 after a Feb. 11 court order. Saracco failed to provide diligent and competent representation to a client in connection with filing an action against the client’s mortgage lender and failed to keep the client reasonably informed regarding the legal matter. Saracco failed to respond to a motion to dismiss in the matter as well as an order to show cause, resulting in dismissal of the case without prejudice. At his client’s request, Saracco filed a new lawsuit in federal court to preserve the claim. The court ultimately permitted Saracco to withdraw from the case. Saracco provided a full refund to the client.
A. Siddiqui, of St. Augustine, is suspended for three years effective March 3. In one matter, Siddiqui failed to competently and timely pursue the client’s family law matter and misrepresented to the client the status of the case. In a second matter, Siddiqui failed to competently represent the client in his criminal case and failed to appear for jury selection. In a third matter, Siddiqui failed to appear for court and misrepresented to the court that he did not receive notice of the court hearing.
Erik Donald Ulano, of Spring Hill, was
disbarred effective immediately after a Feb. 18 court order. Beginning
on Oct. 1, 2018, Ulano became ineligible to practice law in Florida for
not paying his Bar membership fees for fiscal year 2018-2019. While he
was ineligible to practice, Ulano repeatedly appeared in court in
Hernando County on behalf of his client. Ulano also failed to respond to
the Bar’s inquiries and failed to participate in the disciplinary
proceeding.
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