February 1, 2024 Disciplinary Actions

The Florida Supreme Court in recent court orders disciplined 13 attorneys, disbarring one, revoking the license of three, suspending six and reprimanding three.

Omar Javier Arcia, 3350 S.W. 148th Ave., Suite 110, Miramar, suspended for 91 days effective 30 days following a January 11 court order. (Admitted to practice: 1995) Arcia engaged in a pattern of representing both co-lenders and borrowers in foreclosure matters without disclosing the potential conflict of interest or attempting to obtain a knowing and voluntary waiver of the conflict from those clients. In another matter, Arcia filed an improper lien against a property for refusal to remit a real estate commission resulting in a waste of judicial resources and a delay in the sale of the property. (Case No. SC23-0413)

Odiator Arugu, 1540 Whooping Dr., Groveland, disbarred effective immediately following a January 8 court order. (Admitted to practice: 1995) Arugu continued engaging in the practice of law after the effective date of his 91-day suspension. Arugu failed to close out his practice and protect the interests of his clients before the effective date of his suspension. He also communicated with a client and gave her legal advice while suspended, failed to move to withdraw from two pending cases, and remained counsel of record after the effective date of his suspension in these cases. Arugu failed to advise the client of a hearing, resulting in a dismissal being entered against the client. As a result, Arugu was held in contempt and disbarred. (Case No. SC23-1374)

Frank Carvajal, 1665 E. 4th St., Suite 104, Santa Ana, CA, public reprimand effective 30 days following a January 25 court order. (Admitted to practice: 1995) Carvajal represented a client in removal proceedings before the Board of Immigration Appeals (BIA). In 2019, the client hired Carvajal to appeal the BIA’s decision. Carvajal filed the appeal pro se, even though he previously filed Form EOIR-26 signifying his appearance as attorney of record and indicating that he would file a brief. Carvajal failed to timely file a brief, and the case was dismissed without a review. (Case No. SC23-1193)

Lisa M. Dawson, 149 S. Ridgewood Ave., Suite 310, Daytona Beach, public reprimand and ordered to attend Ethics School effective immediately following a January 4 court order. (Admitted to practice: 2006). Dawson neglected a client’s family law matter and failed to properly withdraw from the representation. Dawson also failed to inform the client that she closed her private law practice. The court dismissed the client’s case, citing a lack of record activity or appearances. (Case No. SC23-0998)

Paul DeCailly, P.O. Box 17793, Clearwater, suspended until such time as DeCailly fully responds in writing to the official Bar inquiry, effective 30 days following a January 25 court order. (Admitted to practice: 2004) DeCailly failed to respond to official Bar inquiries and the Florida Supreme Court’s Order to Show Cause. On January 25, the court issued an order granting The Florida Bar’s Petition for Contempt and Order Show Cause, suspending DeCailly from the practice of law until he fully responds in writing to the Bar’s inquiry. (Case No. SC23-1653)

Glenn Burdette Grevengoed, 3730 7th Terrace, Vero Beach, public reprimand effective immediately following a January 11 court order. (Admitted to practice: 2004) The court held Grevengoed in contempt for failing to timely respond to The Florida Bar’s subpoena requesting trust account records. (Case No. SC23-1378)

John Spencer Jenkins, 101 N.E. 3rd Ave, Suite 1500, Ft. Lauderdale, emergency suspension effective immediately following a January 9 court order. (Admitted to practice: 2012) Jenkins represented the personal representative of an estate. Jenkins has misappropriated over $400,000 in estate funds by removing those funds from the trust account without authorization and using those entrusted funds for purposes not intended by the estate. (Case No. SC2024-0022)

Ryan M. Layton, 101 North J St., Lake Worth, suspended until further order of the Court, effective 30 days following a January 24 court order. (Admitted to practice: 2002) The Florida Bar filed a petition for contempt and order to show cause after Layton failed to respond to the Bar’s investigative inquiries. Subsequently, Layton failed to respond to the Florida Supreme Court’s order to show cause, and the court entered an order suspending him until such time as he responds to the Bar’s investigative inquiries and until further order of the court. (Case No. SC2023-1672)

Hubbell Clay Losson, 701 77th Ave. North, #55640, St. Petersburg, held in contempt of court and suspended from the practice of law until he fully responds in writing to the official Bar inquiry and until further order of the court, effective 30 days following a January 24 court order. (Admitted to practice: 2002) Losson failed to respond to an official Bar inquiry in Florida Bar File No. 2023-10,297(13E). The Florida Bar filed a Petition for Contempt and Order to Show Cause on November 20, 2023, and the Florida Supreme Court ordered Losson to show cause by December 6, 2023. Losson failed to file a response to the court’s Order to Show Cause. Losson has been held in contempt of court and is ordered to be suspended until he fully responds in writing to the official Bar inquiry and until further order of the court. (Case No. SC23-1604)

Ronald Stuart Lubetsky, 220 S.W. Natura Ave., Deerfield Beach, disciplinary revocation with leave to apply for readmission in five years, effective immediately following a December 14, 2023, court order. (Admitted to practice: 2002) Lubetsky was found guilty on seven counts of knowingly and intentionally dispensing a controlled substance without authorization by law, five counts involving oxycodone and two counts involving oxycodone and morphine. Thereafter, Lubetsky was sentenced to 60 months in prison. On September 7, the Bar filed a Notice of Determination of Judgment of Guilt, and the court issued an order suspending Lubetsky from the practice of law on same date. On October 26, Lubetsky filed a Petition for Disciplinary Revocation with Leave to Apply for Readmission. (Case No. SC2023-1484)

Rafael Antonio Perez, 2525 Ponce De Leon Blvd., Suite 300, Coral Gables, disciplinary revocation with leave to apply for readmission effective 30 days following a December 28, 2023, court order. (Admitted to practice: 1987) A client retained Perez to represent him in a commercial loan transaction. Rather than proceed with the transaction as directed, Perez engaged in delaying the transaction, failed to follow client’s instructions, and failed to return client’s monies from his trust account upon demand. (Case No. SC23-1575)

Jacob Aaron Weil, 2307 N. Andrews Ave., Ft. Lauderdale, disciplinary revocation with leave to seek readmission after five years, effective immediately following a December 21, 2023, court order. (Admitted to practice: 2018) Weil filed a Petition for Disciplinary Revocation with Leave to Apply for Readmission based upon allegations that included abandoning clients and his failure to account for and misuse of client trust funds. (Case No. SC2023-1228)

Emily Christine Williams, 2411 Cold Stream Ln., Green Cove Springs, suspended for 91 days effective February 12, 2024, following a January 11 court order. (Admitted to practice: 2009) Williams engaged in misconduct involving incompetence, inadequate communication with clients, and lack of diligence in family law and guardianship cases. Williams also entered a plea of no contest on a misdemeanor criminal charge. As a result, the court, in an order dated January 11, suspended Williams. (Case No. SC22-1778)

The Florida Supreme Court, The Florida Bar and its Division of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 111,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.

Court 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 reapply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

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February 1, 2024 Disciplinary Actions

October 1, 2023 Disciplinary Actions

 The Florida Supreme Court in recent court orders disciplined 12 attorneys, disbarring one, revoking the license of three, suspending seven, and publicly reprimanding one.

Derek Michael Aronoff, 4538 SW Darlington St., Port Saint Lucie, disciplinary revocation with leave to apply for readmission to The Florida Bar after five years, effective immediately following an August 31 court order. (Admitted to practice: 2001) The Florida Bar opened an investigation after receiving a grievance from Aronoff’s former client demonstrating that, after the effective date of his suspension from the practice of law in 2022, Aronoff continued communicating with the client, drafted pleadings, and gave the client legal advice regarding an upcoming hearing in her mortgage foreclosure case. As a result, Aronoff engaged in the unlicensed practice of law in violation of the order of the Supreme court of Florida suspending him in 2022. (Case No. SC23-0942)

Bryon R. Aven, 2725 Judge Fran Jamieson Way, Bldg. D., Viera, suspended for two years, effective 30 days following a September 14 court order. (Admitted to practice: 2008) While employed as an assistant state attorney, Aven engaged in prosecutorial misconduct by eliciting and bolstering false testimony from several witnesses during the criminal trial, which resulted in the dismissal of the criminal charges. (Case No.SC23-0456)

Christopher Whittington Dudley, 598 Trelago Way, Apt. 303, Maitland, suspended pursuant to 3-7.2(f), the felony suspension rule, effective immediately following a September 18 court order. (Admitted to practice: 2021) Dudley entered a plea of nolo contendere to the charges of Attempted Burglary of an Occupied Dwelling, a third-degree felony, and Criminal Mischief (above $200 but below $1,000), a first-degree misdemeanor. The court withheld adjudication of guilt as to all counts and sentenced Dudley to two years of conditional probation as to the felony count and to credit for time served as to the misdemeanor count. (Case No. SC23-1306)

John Edward Eagen, P.O. Box 1545, Tallahassee, disciplinary revocation with leave to apply for readmission, effective 30 days following a September 21 court order. (Admitted to practice: 1990) Eagen had a disciplinary case pending before the court, which involved neglect of several client matters and multiple referrals from the First District court of Appeal. The court approved Eagen’s Petition for Disciplinary Revocation by Order dated September 21, 2023. (Case No. SC23-0691)

Mark Edwin Heimendinger, 1034 Long Branch Ln., Oviedo, suspended due to a felony conviction, effective 30 days following an August 31 court order. (Admitted to practice: 2016) On August 25, 2023, Heimendinger entered a plea of nolo contendere to Aggravated Assault (a third-degree felony), Carrying Concealed Firearm (a third-degree felony), Improper Exhibition of a Dangerous Weapon (a first degree misdemeanor) and Battery (a first-degree misdemeanor). The criminal court withheld adjudication on the two felony charges and adjudicated Heimendinger guilty on the two misdemeanor charges. The Supreme Court has ordered that a referee be appointed to recommend the appropriate sanction. (Case No. SC23-1224)

Tarica C. LaBossiere, 4126 Inverrary Blvd., Apt. 2418, Lauderhill, suspended for 91 days, effective immediately following an August 3 court order, as LaBossiere is no longer practicing law. (Admitted to practice: 2018) LaBossiere failed to comply with all terms and conditions set forth in the terms of her probation, which included a requirement to comply with her FLA, Inc., rehabilitation contract. LaBossiere violated this contract by failing to abstain from the consumption of alcohol and testing positive for mood altering drugs. (Case No. SC23-0313)

Andrew John Manie, P.O. Box 720236, Orlando, suspended for six months, effective immediately following a September 21 court order. (Admitted to practice: 2015) Manie failed to timely furnish a copy of the court’s June 9, 2022, suspension order to some of the courts before which he was counsel of record. Prior to his suspension, Manie also engaged in a course of conduct whereby he failed to appear for court hearings on behalf of several clients, resulting in the entry of default judgments against those clients, and necessitating Manie to take corrective action by filing motions to vacate judgment due to his excusable neglect. Finally, in connection with his representation of a client in a personal injury case, Manie deposited client funds related to a settlement into his operating account. (Case No. SC23-1277)

Patrick Michael Megaro, 2431 Aloma Ave., Suite 124, Winter Park, disciplinary revocation with leave to apply for readmission after five years, effective 30 days following a September 21 court order. (Admitted to practice: 2004) The Florida Bar commenced an investigation of Megaro due to two disciplinary sanctions imposed in other jurisdictions. Megaro received a five-year suspension as recommended by the Disciplinary Hearing Commission for the North Carolina State Bar for entering into an improper representation agreement with clients of a diminished capacity and engaging in conduct that was prejudicial to the administration of justice. In addition, Megaro was suspended by the United States Court of Appeals in the Fifth Circuit on July 7, 2021. (Case No. SC23-1119)

Rebecca L. Morgan, 3004 Flowertree Rd., Belle Isle, suspended for four months, effective 30 days following an August 31 court order. (Admitted to practice: 2008) Morgan engaged in a pattern of neglect while representing several clients in immigration matters. In one instance, she failed to timely appear at a hearing due to a family emergency, and the immigration judge entered an order for removal. After Morgan failed to get a response from the chief counsel’s office to get their position in order to have the matter reheard, Morgan failed to further address the client’s matter because of her severe illness. In another matter, a client repeatedly attempted to contact Morgan, and after receiving no communication, the client went to Morgan’s law office, which was abandoned. Morgan was unaware of the client’s matter or need for assistance, and she did not provide a refund in the matter. Additionally, Morgan engaged in a course of conduct in which she failed to update her address with the United States Department of Homeland Security resulting in letters for her clients being returned as undeliverable. She also failed to timely respond to the Bar’s multiple investigative inquiries. (Case No. SC23-0448)

Kevin Proulx, 406 Pursley Dr., DeLand, disbarred, effective immediately following an August 31 court order. (Admitted to practice: 2004) Proulx served as court-appointed defense counsel in several criminal cases pending in Lake County wherein he failed to provide diligent representation, failed to maintain adequate communication with the clients, failed to obey court orders and ultimately abandoned his clients’ matters. Because Proulx was court appointed, new counsel was appointed to represent the clients and none of the clients were harmed by Proulx’s misconduct. Proulx also failed to respond timely to the Bar’s repeated efforts to communicate with him and failed to participate in the Bar disciplinary proceedings in a meaningful manner. (Case No. SC23-0389)

Wanda I. Rufin, 1529 SW 1st St., Miami, suspended for one year, effective 30 days following a September 7 court order. (Admitted to practice: 1999) While representing the husband in a dissolution of marriage, Rufin made partial unauthorized distributions of the trust funds from the proceeds of the sale of the marital home. When the court ordered a final equitable distribution to the former wife, Rufin failed to advise the court about the remaining balance of the marital funds held in a second escrow account. Rufin has since disgorged the full amount to the former wife. (Case No. SC22-0821)

David George Simmons, Jr., 10380 SW Village Center Dr., Port Saint Lucie, public reprimand and ordered to complete Ethics School, effective immediately following a September 21 court order. (Admitted to practice: 2011) Simmons entered a notice of appearance to substitute in for a suspended lawyer believing that the suspension was short-term, when, in fact, it required proof of rehabilitation prior to reinstatement. Because Simmons assumed he would not be representing the client long-term, he failed to obtain specific details regarding the client’s case and had only a basic understanding of the issues. Simmons failed to appear for several hearings after being duly noticed by the court. The court ultimately sanctioned Simmons and ordered him to pay attorney’s fees to the opposing counsel. (Case No. SC23-1260)

The Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 111,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.

Court 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 reapply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

Full Article & Source:
October 1, 2023 Disciplinary Actions

Gainesville attorney is permanently disbarred from Florida Supreme Court

by Emilie Kyler

 

Gainesville attorney is permanently disbarred for Florida Supreme Court.

The Florida Bar announced that the Florida Supreme Court disciplined 13 attorneys.

Contact Leslie H. Smith said that five were suspended, four were disbarred, three were reprimanded, and one had their license revoked.

Gainesville attorney, Robert Bauer, has been permanently disbarred, following a court hearing from Sept. 9th, said Smith.

Smith said, in one case, Bauer billed a client despite performing no legal services for them. When he was confronted about the situation, Bauer "misrepresented the status of the case to the client and failed to disclose that her claim was barred".

This case was just one of many where Bauer failed to conduct his job in a legal manner.

Smith said disbarred lawyers are not allowed to re-apply for admission for five years. They are required to go through an extensive process, including a background check and retaking the Bar exam.

Robert Bauer's full order issue from the Florida Supreme Court:

Robert W. Bauer, 3721 N.W. 40th Terr. Suite B, Gainesville, disbarred permanently effective immediately following a Sept. 9 court order. (Admitted to practice: 2005) In Supreme Court Case No: SC19-1824, Bauer obtained a proprietary interest in his client’s litigation while offering financial assistance to the client to pursue unfounded litigation. Bauer failed to advise his client to seek independent counsel and advice prior to obtaining a priority interest in the litigation. In a separate matter, Bauer billed a client despite performing no legal services. In another matter, Bauer failed to diligently represent a personal injury client which led to the client’s claim being barred by the statute of limitations. When confronted, Bauer misrepresented the status of the case to the client and failed to disclose that her claim was barred. Bauer also misrepresented the status of his client’s claim to the grievance committee. Once SC19-1824 was set for trial, Bauer abandoned his clients and failed to properly advise the courts in which he had ongoing litigation. (Case No: SC21-668)

 

Full Article & Source:

Gainesville attorney is permanently disbarred from Florida Supreme Court

3 lawyers facing suspensions

Three Hoosier lawyers are facing disciplinary sanctions after the Indiana Supreme Court handed down orders suspending their law licenses.

The high court suspended Byron J. Davis’ license for at least one year without automatic reinstatement, effective July 19. Grant E. Helms was retroactively suspended for 365 days beginning May 20, with 90 days served and the remainder stayed subject to probation and monitoring. Robert E. Love will begin serving his 180-day suspension on Aug. 30.

In Davis’ case, the Muncie lawyer was found to have violated seven Indiana Professional Conduct Rules and five Admission and Discipline Rules. Each of the violations stemmed from a three-count disciplinary action related to Davis’ representation of a personal injury plaintiff. At the same time, Davis’ firm was serving as special counsel in the plaintiff’s bankruptcy case.

Any proceeds from the personal injury case were to be turned over to the bankruptcy trustee. The personal injury lawsuit settled for $68,000, but according to count 1, Davis failed to remit the proceeds for months.

Davis eventually took the money out of his trust account before finally giving the funds to the trustee in July 2019.

The previous April, Davis had made multiple transfers to and from his trust account without adequate documentation. As a result, he did not have sufficient funds in his account on behalf of the bankruptcy case. When asked to provide records for his trust account, Davis handed over records that did not correlate with what was supplied by a bank.

Finally, Davis told the Indiana Supreme Court Disciplinary Commission that he thought he was allowed to take his fees and costs prior to sending the settlement funds to the bankruptcy trustee. He later admitted that he purposely tried to mislead the commission by submitting inconsistent records.

Davis was found to have violated Professional Conduct Rules 1.15(a), 1.15(d), 3.3(a)(1), 3.4(c), 8.1(a), 8.4(b) and 8.4(c), as well as Admission and Discipline Rules 23(29)(a) and 23(29)(c)(4) – (7). He is also under a separate suspension for his noncompliance with CLE requirements.

His one-year suspension was effective immediately. The case is In the Matter of: Byron J. Davis, 20S-DI-420.

Helms, of Indianapolis, was also already suspended when the justices accepted his discipline agreement July 19.

Helms was arrested in May 2020 and pleaded guilty in January to possession of methamphetamine, a Level 6 felony entered as a Class A misdemeanor. He has been under an interim suspension since May 20.

Helms and the Disciplinary Commission agreed that he violated Professional Conduct Rule 8.4(b). The high court approved the agreed discipline of a 365-day suspension beginning May 20, with 90 days actively served the rest stayed subject to Helms’ completion of 24 months of probation with monitoring by the Judges and Lawyers Assistance Program.

While in probation, Helms must

• Submit to at least one random drug test per month and cannot consume any mind-altering substances unless validly prescribed.
• Not violate the Rules of Professional Conduct.
• Report any violations of his probation to the Disciplinary Commission, including providing drug tests results.

Helms can move to terminate his probation if he is fully complaint for 12 consecutive months. If he violates probation, the stay will be vacated and the balance of his suspension will be actively served without automatic reinstatement.

His case is In the Matter of: Grant E. Helms, 21S-DI-262.

Love’s case began in September 2020, when the Commission filed a complaint against the Fort Wayne lawyer. Love did not timely file an answer, and the hearing officer later denied his request to reopen evidence.

At issue was Love’s representation of two plaintiffs in a personal injury case. Love negotiated a settlement, and the defense insurer, The General, issued four checks to Love: $9,000 for one plaintiff, $5,000 to the other plaintiff and two checks for $1,000 payable to Geico, the plaintiffs’ insurer.

Love asked his clients to endorse all four checks and cash them at his own bank. But he failed to tell Geico about its two checks or provide the insurer with the money. Geico later learned about the funds and, after months of trying to contact Love, forced him to admit that he owed the insurer $2,000.

Love did not timely cooperate with the commission’s investigation, according to the Supreme Court’s July 20 order. He has been disciplined twice before, once in 1996 and again in 2014.

Finding that Love violated Professional Conduct Rules 1.1, 1.15(d), 8.1(b) and 8.4(b), the court suspended him for 180 days with automatic reinstatement beginning Aug. 30.

Justice Steven David would have suspended Love for two years, with 180 days actively served and the remainder stayed subject to two years of probation with monitoring by another attorney.

Love’s case is In the Matter of: Robert E. Love, 20S-DI-556.

Full Article & Source:

3 lawyers facing suspensions

Florida Supreme Court disciplined 20 attorneys in recent court orders

The Florida Bar, the state’s guardian for the integrity of the legal profession, announced to Historic City News that the Florida Supreme Court disciplined 20 attorneys in recent court orders issued from November 21 to December 28, 2020, disbarring four, revoking the licenses of three, suspending 12 and reprimanding one. One attorney was placed on probation and two must pay restitution.

As an official arm of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 108,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline

Court 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 includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

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Rita Horwitz Altman, 215 S. Olive Ave., Suite 200, West Palm Beach, suspended for three years and probation for two years thereafter effective immediately following a Dec. 17 court order. (Admitted to practice: 1992) Altman represented an immigration client in an asylum claim. The client provided critical evidence to Altman, who failed to add it to the asylum claim and to the court during the final hearing. Altman’s negligence, incompetence, lack of diligence and failure to be forthright with the court when asked about the evidence resulted in the denial of the asylum claim. (Case No:  SC20-848)

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Jean Bernard Chery, 1221 W. Colonial Drive, Suite 201, Orlando, disciplinary revocation with leave to seek readmission after five years effective 30 days following a Nov. 25 court order. (Admitted to practice: 2009) Chery improperly made disbursements to himself from his trust account. He also received settlement funds in several personal injury matters and disbursed attorney’s fees to himself before clients signed settlement statements and in amounts greater than he was entitled to. Chery deposited funds into the trust account to replenish the shortages but failed to notify The Bar’s Lawyer Regulation Department of the shortages, their cause, or the amount of the replenishments. (Case No: SC20-1323)

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Craig Albert Fine, 159 New Dorp Lane, Fl PLAZA-1, Staten Island, New York, suspended for 90 days effective Dec. 14 following a Dec. 10 court order. (Admitted to practice: 2012) Fine failed to maintain minimum trust account records, which led to a $17,965.97 shortfall in his trust account.  Further, Fine commingled personal funds in his trust account and issued earned fees to himself that cleared through another client’s funds held in trust. In mitigation, the court found the unintentional nature of the misappropriation, his remorse and acceptance of responsibility, immediate efforts made to rectify the situation, and remedial record­keeping measures instituted among other matters including his unblemished disciplinary record. This is a reciprocal discipline action from the Supreme Court of New York, Appellate Division, Second Judicial Department. (Case No: SC20-1497)

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Justin Infurna, 8324 Prestbury Drive, Orlando, suspended effective 30 days following a Dec. 28 court order. No new clients may be accepted as of Dec. 28. (Admitted to practice: 2010) Infurna appears to be causing great public harm by abandoning his clients’ cases, failing to appear for legal proceedings, making misrepresentations to clients as well as to at least one judge, and by engaging in a pattern of verbally attacking clients, former employees, and fellow attorneys. (Case No: SC20-1834)

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John Christopher Kenny, 1700 N. Monroe St., Suite 11-131, Tallahassee, suspended for 60 days effective immediately following a Dec. 10 court order. (Admitted to practice: 1994) Kenny was hired to handle an adoption matter and failed to timely respond to the petition for adoption served on his client. He failed to competently and diligently handle his client’s legal matter, resulting in a motion for default being entered against his client. (Case No: SC20-814)

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Bryan Alexander Kutchins, 3980 Tampa Road, Suite 101, Oldsmar, suspended for one year and payment of restitution effective 30 days following a Dec. 1 court order. (Admitted to practice: 1973) Kutchins was retained in a guardianship matter when he did not have sufficient experience in handling guardianship proceedings and charged excessive fees. On Nov. 30, 2016, the court issued an order prohibiting Kutchins from accepting any further payments pursuant to the contract. Rather, Kutchins’ compensation was limited to what was provided by statute, which required court approval of attorney’s fees. Kutchins denied knowledge of the Nov. 30, 2016, order, and accepted a payment from the client on Dec. 12, 2016, in violation of the order. (Case No: SC20-525)

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James Russell Leone, 1594 Ross Drive, Deltona, disciplinary revocation with leave to seek readmission after five years effective 30 days following a Dec. 17 court order. (Admitted to practice: 1985) Leone was the subject of a Florida Bar investigation wherein he was alleged to have misled or misrepresented facts or law to a nonlawyer relating to residential property over which Leone was asserting a legal interest for his client. Leone filed an action for ejectment, but the trial court found Leone failed to establish any legal basis for his client’s claim. Leone had previously represented his client in at least seven similar matters. (Case No: SC20-1553)

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Carmen Diana Lubbecke, 715 N. Washington Blvd., Suite B, Sarasota, suspended for one year effective 30 days following a Dec. 17 court order. (Admitted to practice: 2000) Lubbecke represented a husband and wife in a foreclosure defense case. Thereafter, she entered into an agreement with the husband to receive proceeds from the sale of the house in foreclosure as payment for legal fees. Lubbecke did not advise the clients to seek the advice of independent counsel. Lubbecke communicated with the husband and entered into a legal agreement regarding purchasing the home, which she did not ultimately do. While representing the wife in the foreclosure, Lubbecke filed a lawsuit against her to remove her name from the property pursuant to the party’s agreement in their divorce. (Case No: SC20-1786)

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Ronald Louis Nelson, 1247 1 Ave. N., St. Petersburg, suspended for 91 days effective immediately following a Nov. 30 court order. (Admitted to practice: 1994) Nelson was held in contempt of the court’s order dated March 27  for failing to notify clients, opposing counsel and tribunals of his suspension. (Case No: SC20-1365)

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Mayowa F. Odusanya, 1315 Oakfield Drive, Brandon, suspended for three years effective immediately following a Nov. 24 court order. (Admitted to practice: 2010) Odusanya was hired to handle post-conviction matters for a client convicted of criminal charges in the Sixth and Thirteenth Judicial Circuits. Odusanya filed a Notice of Appearance in one circuit’s case but filed no pleadings in the cases in the other circuit. Odusanya failed to diligently pursue relief for his client and failed to provide substantive information to his client’s family and his client, who was incarcerated in a state prison.  (Case No: SC19-1309)

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Ernest Maloney Page IV, 115 W. Drew St., Perry, disciplinary revocation effective 30 days following a Dec. 10 court order. (Admitted to practice: 2004) Page was charged by Information in the U.S. District Court, Middle District of Florida, Jacksonville Division. On Sept. 3, Page pleaded guilty to conspiracy to commit bribery concerning a program receiving federal funds. Page filed for disciplinary revocation, which was granted by the Florida Supreme Court on Dec. 10. (Case No: SC20-1338)

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Mark Payne, 9040 Town Center Pkwy., Lakewood Ranch, disbarred effective 30 days following a Dec. 10 court order. (Admitted to practice: 1985) Payne and his wife own Real Estate Services Group, Inc., a Florida corporation that buys and sells real estate. Payne purchased a home after final judgment in a foreclosure action. After the purchase, Payne contacted the homeowners, offering to represent them in the foreclosure action brought by their mortgage lender. Payne did not enter into a written agreement with the homeowner clients, nor explain or seek their consent for his simultaneous ownership interest in and legal representation of Real Estate Services Group. In addition to the conflict of interest, Payne failed to make the necessary and proper disclosures to the lender and made misrepresentations to all parties. (Case No: SC18-680)

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John Chandler Ross, 1025 Indian River Ave., Titusville, suspended for three years with proof of rehabilitation required prior to being reinstated effective 30 days following a Nov. 24 court order. (Admitted to practice: 1983) This was a reciprocal discipline based upon the Dec. 18, 2019, order of the U.S.  District Court for the Middle District of Florida, entered in a forfeiture case wherein the court removed Ross as counsel for the client and directed that he be suspended from the practice of law before the U.S. District Court for the Middle District of Florida.  The court found it necessary to take steps to remove Ross as counsel because of his abandonment of the client and the case. (Case No: SC20-588)

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Leonardo Adrian Roth, 201 S. Biscayne Blvd., Suite 905, Miami, disbarred, effective immediately from a Dec. 23 court order. (Admitted to practice: 1988) Roth was previously disbarred in 2013 but in three separate grievances with the bar, he is alleged to have held himself out as an attorney in good standing, licensed to practice law in the State of Florida. The complainants in these cases assert that they received legal advice and other services from Roth and that he did not disclose his disbarment. (SC20-1260)

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Sabrina Starr Spradley, 207 Tropic Isle Drive, Apt. 107, Delray Beach, disbarred effective immediately following a Dec. 2 court order. (Admitted to practice: 2009) Spradley was held in contempt of the Court’s order dated Feb. 11  for failing to notify clients, opposing counsel and tribunals of her suspension. (Case No: SC20-1366)

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James M. Thomas, 36181 E. Lake Road, Suite 414, Palm Harbor, suspended for one year effective 30 days following a Dec. 1 court order. (Admitted to practice: 2003) Thomas represented a complainant in a civil matter involving damage to the complainant’s condominium. The court entered summary judgment as to liability in favor of the complainant and reserved ruling on the amount of damages and attorney’s fees and costs. Thereafter, Thomas failed to appear at two properly noticed pre-trial conferences. As a result, the court entered an order dismissing the complainant’s case without prejudice. The trial court found that Thomas’ failure to appear could not be explained as a mere calendaring error and was more than excusable neglect. The consequence of the dismissal resulted in the complainant recovering nothing and being required to pay $30,563.10 in attorney’s fees to Thomas. Thomas refiled a new case for the complainant but failed to pursue it. (Case No: SC18-1391)

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Ryan Christopher Wagner, 110 S.E. 6 St., Suite 1420, Fort Lauderdale, public reprimand and held in contempt effective immediately following a Nov. 24 court date. (Admitted to practice: 2014) Wagner failed to respond to an official Bar inquiry in a timely manner.  (Case No: SC20-1361)

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Michael Lee Weimorts, P.O. Box 4926, Santa Rosa Beach, disbarred and must pay $3,500 in restitution to the Summerhaven North Townhome Association effective 30 days following a Dec. 10 court order. (Admitted to practice: 1993) Weimorts failed to diligently represent the homeowners association, failed to communicate with the client for more than two years, failed to respond to Florida Bar inquiries, and failed to participate in the disciplinary proceedings. (Case No: SC20-555)

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Katrina Wegmann, 66 W. Flagler St., Suite 500, Miami, suspended for three years, effective 30 days following a Dec. 23 court order. (Admitted to practice: 2012) Wegmann was arrested and charged with insurance fraud following a claim for damages to her home in which she misrepresented the date of the incident giving rise to the damages.  After Wegmann successfully completes a Pretrial Diversion Agreement with the Miami-Dade County State Attorney’s Office, criminal charges will be dropped. (SC20-1795)

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Sasha Bentley Weitzner, 37 N. Orange Ave., Suite 500, Orlando, suspended for 18 months effective 30 days following a Dec. 10 court order. (Admitted to practice: 2007) While in court, Weitzner appeared to be under the influence of drugs or alcohol.  The court requested a urinalysis, which Weitzner refused.  He was then replaced at the client’s request. In another case, Weitzner fell asleep during voir dire, causing the judge to stop proceedings to wake him up and admonish him.  When questioned, Weitzner denied being under the influence of drugs or alcohol. In another matter, Weitzner was arrested on one count of Grand Theft and two counts of Petit Theft First Offense. He entered a residential treatment facility, where he remained for 18 months until being successfully discharged. He fully cooperated with The Bar’s investigation, showed remorse, and proved interim rehabilitation. (Case No: SC20-215)

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About The Florida Bar

Founded in 1949, The Florida Bar serves the legal profession for the protection and benefit of both the public and all Florida lawyers. As one of the nation’s largest mandatory bars, The Florida Bar fosters and upholds a high standard of integrity and competence within Florida’s legal profession as an official arm of the Florida Supreme Court. To learn more, visit FloridaBar.org

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Florida Supreme Court disciplined 20 attorneys in recent court orders

4 Northeast Florida attorneys among 11 disciplined by state Supreme Court

Crime and justice. Federal prosecutors will have to close some cases if cuts are imposed. Federal courts will see a quarter of their employees furloughed and jury trials could be suspended because there will be no money to pay juries. (istock)

The Florida Supreme Court disbarred a Jacksonville attorney and disciplined three other Northeast Florida attorneys in recent court orders, The Florida Bar announced Thursday.

They were among 11 attorneys disciplined statewide.

According to The Florida Bar, attorney Omer Ors of Jacksonville was disbarred Oct. 8 because the court found he had “abandoned his practice and his clients” when he moved out of the country and failed to respond to official inquiries from The Bar.

Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam, The Bar said.

Attorney Kevin Robert Monahan of Palatka was suspended for 10 days, effective 30 days after an Oct. 1 court order because the Supreme Court said he failed to appear in criminal court twice and his clients didn’t have their matters heard. The trial judge removed Monahan in both cases as appointed counsel, The Bar said.

Attorney Johnie Steven Cooper of Starke had his law license revoked Sept. 24, after he was charged with grand theft for misappropriating $53,097.53 of client funds from his trust account, The Bar said.

Attorney Giancarlo Ricard of St. Johns received a public reprimand Sept. 17 after he retained clients and then determined that he was unable to complete their civil matters. Ricard also failed to adequately communicate with the clients. He merged his law practice with another law firm, which ultimately took over the representation of these cases, The Bar said.

The other attorneys disciplined were:

• Eric Scott Brumfield, Miami, disciplinary revocation with leave to seek readmission after five years effective 30 days following an Oct. 8  court order.
• Esmond Jude Lewis, Fort Myers, disbarred effective 30 days following an Oct. 1 court order.
• Douglas Alan Lopp, Lutz, suspended for one year effective immediately following a Sept. 30 court order.
• Tracy Belinda Newmark, Fort Lauderdale, suspended for 6 months with one-year probation effective 45 days following an Oct. 2 court order.
• Paul K. Silverberg, Weston, suspended for 91 days effective 30 days following a Sept. 30 court order.
• Steven Allen Smilack, West Palm Beach, suspended for three years effective 30 days following an Oct. 28 court order.
• Jeffrey Robert Thibault, Tampa, disbarred and must pay restitution of $3,500 effective immediately following an Oct. 8 court order due to an existing emergency suspension.
  

 

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4 Northeast Florida attorneys among 11 disciplined by state Supreme Court

Two St Johns County attorneys suspended by Florida Bar

The Department of Lawyer Regulation of The Florida Bar informed local Historic City News reporters that the Florida Supreme Court has recently disciplined 11 attorneys, disbarring one, revoking the license of one, suspending eight and reprimanding one. One attorney was also placed on probation and ordered to pay restitution. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

As an official arm of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 108,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles

Court 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 includes a rigorous background check and retaking the Bar exam.

Summaries of orders issued from July 28 to August 20, 2020

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Peter Arnold Robertson, 5575 A1A South, Suite 116, Saint Augustine, suspended for 90 days and required to complete ethics school and a professionalism workshop effective 30 days following an Aug. 6 court order. (Admitted to practice: 1991) Robertson, an attorney and general contractor who owns a construction company, referred clients of his law firm to his construction company without advising them to seek independent counsel and without putting the terms of the business transaction in writing with the clients’ informed consent. Robertson represented a married couple against the seller of a home for failing to disclose mold and water damage. The husband fired Robertson after discovering an impermissible personal relationship had developed between Robertson and his wife. Despite the conflict of interest, and having been fired by the husband, Robertson filed documents with the court on behalf of both clients. (Case No: SC20-1050)

Alan Douglas Henderson, 230 Canal Blvd., Suite 3, Ponte Vedra Beach, suspended for 30 days and directed to attend ethics school and a professionalism workshop effective 30 days following a July 31 court order. (Admitted to practice: 1984) Henderson represented a close family friend who had filed a petition for injunction for protection against domestic violence against her husband. Henderson instructed his client to break into a safe containing the husband’s records and after reviewing the confidential medical records, Henderson made copies to use at an upcoming proceeding. (Case No: SC19-517)

Michael Jonathan Braunschweig, 5455 S.W. 8th St., Suite 255, Coral Gables, disciplinary revocation with leave to seek readmission after five years effective immediately following a July 30 court order. (Admitted to practice: 2011) Braunschweig neglected and/or abandoned client matters and failed to communicate and keep clients reasonably informed.  Braunschweig had previously been suspended for failing to respond to Bar inquiries. (Case No: SC20-952)

LeesaAnn Nicole Dodds, 412 E. Madison St., Suite 909, Tampa, suspended effective 30 days following an Aug. 6 court order. (Admitted to practice: 2014) Dodds failed to respond to an official Bar inquiry and the Bar filed a Petition for Contempt and Request for Order to Show Cause with The Florida Supreme Court. The Court issued an Order to Show Cause and Dodds failed to respond. (Court Case No: SC20-834)

Michael Joseph Gabor, 1636 Arrowhead Trail, Neptune Beach, suspended for three years effective nunc pro tunc to Jan. 18, 2020 following an Aug. 6 court order. (Admitted to practice: 2009) Gabor pleaded no contest to one count of felony aggravated battery (causing great bodily harm) after a domestic altercation in his home. Gabor also failed to notify the Bar of his felony arrest and charges. (Case No: SC19-2112)

Anton Aggrey Gammons, P.O. Box 682048, Orlando, suspended for 30 days effective 30 days following a July 30 court order. (Admitted to practice: 2011) Gammons pleaded no contest to possessing cocaine, 20 grams or less of cannabis and drug paraphernalia. After Gammons successfully completed Veteran’s Court, the criminal charges were dismissed. (Case No: SC20-1028)

Albert Hessberg III, 80 State St., Albany, N.Y., disbarred effective 30 days following an Aug. 20 court order. (Admitted to practice: 1983) A client authorized Coggin to charge $1,500 to her credit card to represent her in a divorce proceeding. Coggin subsequently made eight additional charges to the card without the client’s permission, totaling $12,000 In another matter, Coggin knowingly overcharged a client by $1,000. This is a reciprocal discipline action, based on an order from the Supreme Court of New York. (Case No: SC19-2134)

Kevin E. Paul, PO Box 938, St. Petersburg, suspended for one year effective 30 days from an Aug. 6 court order. (Admitted to practice: 2006) While representing Roberta Kaplan in multiple foreclosure litigation cases, Paul filed numerous motions to quash service of process, challenging the validity of the plaintiffs’ attempts to serve Kaplan. Paul did not independently investigate to determine the validity of service or if his client was evading service. Kaplan never executed any document in Paul’s presence and Paul took no step to verify the authenticity of her signature. His actions caused significant and unjust delays in litigation. (Case No: SC20-1045)

William S. Saliba, 1065 W. Morse Blvd., Suite 101, Winter Park, public reprimand and required to complete ethics school effective 15 days following a July 30 court order. (Admitted to practice: 2015) Saliba engaged in a pattern of misconduct during his association with a business that assists clients in exiting their timeshare contracts. Saliba did not personally meet with the clients, and he had no direct supervision of the employees who communicated with the clients and the timeshare companies. One client filed a Bar complaint alleging that Saliba failed to diligently represent him and failed to provide adequate communication concerning his legal matter. (Case No:  SC20-315)

Adrian Shiand Webster-Cooley, 8451 Gate Parkway West, Suite 23, Jacksonville, suspended for three years followed by one-year of probation and must pay restitution, effective nunc pro tunc to May 18, 2020, following a July 30 court order.  (Admitted to practice: 2017) Webster-Cooley joined with nonlawyers through “The Criminal Defense League,” which solicited clients nationwide via the internet for mostly criminal matters. Nonlawyers handled all aspects of cases, harming clients, and clients had trouble communicating with employees. The Criminal Defense League listed Webster-Cooley as managing attorney though he had no actual involvement in any of the cases. He also created Criminal Defense League Processing, Inc., solely for the purpose of receiving client funds and transmitting that money to the nonlawyers. (Case No:  SC20-561)

Randall Albert Werre, P.O. Box 387, Milton, suspended for three years effective immediately following a July 22 court order. (Admitted to practice: 1984) Werre was held in contempt of the Court’s orders dated Sept. 12, 2019, and Dec. 4, 2019, for failing to notify clients, opposing counsel and tribunals of his suspension. (Case No: SC20-829)

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Two St Johns County attorneys suspended by Florida Bar

7 South Florida attorneys, one accused of stealing $625,000, disciplined by the state

An attorney charged with ripping off $625,000 and a former Miami-Dade assistant state attorney are among the South Florida attorneys on the latest Florida Bar discipline report.

Also, amid obnoxious behavior in a condominium dispute, an attorney threw in a little religious instruction, with “Take some time this weekend to commune with the Lord, because you will need all the help you can get.”

The Florida Supreme Court, which does the disciplining, frowned on such unsolicited spiritual advice as well as other actions detailed below.

The term “disciplinary revocation” appears a few times in these cases. An attorney can apply for this legal version of throwing in the towel during the discipline process. If disciplinary revocation is granted by the state Supreme Court, the attorney is disbarred, in effect, usually for five years before the attorney can reapply for readmission.

The discipline case goes away without any finding of guilt or acquittal. Any alleged criminal acts involved in the discipline case, however, can be prosecuted in criminal court, as in one of the cases that follows.

In alphabetical order:

▪ Fort Lauderdale’s Mary Catherine Bonner, practicing also as Kate Bonner (admitted to practice in 1979) starts her suspension Wednesday. A complaint with the Bar was filed by Florida Department of Corrections inmate Tracy Collier accusing Bonner and her paralegal, former attorney Ileana Haedo, of taking $9,000 payment to file appeal paperwork and not doing so.

The Bar says Bonner hasn’t responded to Bar grievance requests in this case. The state Supreme Court has found her in contempt of court and suspended her until she gets back to the Bar in writing.

▪ Accused of misappropriating (translation: stealing) $128,407 from clients, Fort Lauderdale’s George Castrataro already was suspended for not responding to the Bar’s information requests. That was after clients filed four grievances accusing the general practice attorney of being a thief.

According to the complaints:
Two clients in estate settlements were owed $47,016.40 and $32,291.37 from Castrataro’s trust accounts, but neither received his money; while acting as an escrow agent in a real estate deal, Castrataro took in a $25,000 wire transfer, but didn’t return it when the deal fell apart; he won a labor law case, but put the check into his firm’s operating account (which would be commingling funds, another no-no) and didn’t give his client the $24,000 owed.

George Castrataro The Florida Bar

Castrataro can apply for readmission in 2025, but he’s got bigger problems to deal with before then. A couple of those clients and a few others contacted Fort Lauderdale police. He’s accused of stealing a total of $625,766.

“Castrataro would make up stories, stating the checks got lost in the mail or a rogue postal employee destroyed the mail,” the probable cause affidavit reads.

Castrataro is facing one count of communications fraud over $50,000 and one count of grand theft in the first degree.

▪ The referee in Fort Lauderdale attorney Ashley Krapacs’ case, detailed in this Miami Herald story, found her conduct “improper, unethical and uncivilized,” but didn’t think her online statements about attorneys Russell Williams, Nisha Bacchus and Broward Circuit Court Judge Michael Kaplan and the Florida Bar reached the level of disbarment.

Referee Samantha Schosberg Feuer recommended a two-year suspension. The state Supreme Court disagreed and went all the way to disbarment.

“I am obviously disappointed by this ruling, but I do plan to appeal,” Krapacs said in an email to the Miami Herald. “My case is unfortunately a very sad, stark example of how deep ‘cancel culture’ in our society runs. When a female attorney tries to leave an abusive relationship with a man, and she ends up getting attacked by an army of attorneys nationwide, as well as The Florida Bar, simply because she was vocal and honest about her experiences on social media, it’s a harsh reminder that there is no gender equality in this country.”

▪ Wednesday, Fort Lauderdale’s James Potts (admitted to the Bar in 2013) starts his 60-day suspension which will be followed by a two-year probation. A case referee adjudged Potts got a little too schoolyard in dealing with an adversary.

In May 2017, Potts represented some homeowners and the Secretary of the Heritage Condominum Association who had a problem with the association’s Treasurer, Ruben Vincente. According to the referee’s report, Potts began firing off emails and texts at Vincente.

While phraseology Potts used, such as “unmitigated ineptitude” and “clown fraudsters,” might satisfy a certain insult bloodlust, they can be considered unprofessional communication. The same can be said for emails that sound too similar to “Sinners in the Hands of an Angry God.”

“You can’t hide from law enforcement, you can’t hide from the State Attorney looking for you when you are in contempt of court, and you especially can’t hide from me. I refuse to make threats because I don’t need to make threats...

“You will never see me coming and won’t know what hit you when you realize what you’ve brought upon yourself...Take some time this weekend to commune with the Lord, because you will need all the help you can get.”

James Potts Sr. Michael B. Lloyd The Florida Bar

Text messages and phone calls to Vincente, some after 11 p.m. followed. The day before a homeowner’s election in a parking lot, Potts emailed Vincente, in part, “If you are innocent like you say, why not come to the parking area at 2 so we can discuss this like real adults. If I were being accused of being a cheating moron by a loudmouth attorney, you’d better believe I would meet those accusations head on. But then again, I’m not a coward.”

Potts’ response to the original Bar complaint denied his communication was unprofessional, harassing or intimidating. To the referee, however, Potts backed off his professionalism argument, but still fought any charges of harassment and intimidation.

He fought unsuccessfully.

“It does not matter if (Potts) believed that Vicente was a corporate officer, or that (Potts) was indignant on behalf of his clients,” the referee wrote. “It is simply never professional for an attorney to write or say these kinds of things to anyone under any circumstances.”

▪ Someone now facing criminal charges put Davie’s Bonne Scheflin (admitted to the Bar in 1989) on suspension in 2019. Then, Scheflin did her own jump out of the frying pan into the disciplinary fire. She’s going for disciplinary revocation.

As previously reported in the Miami Herald, Scheflin was suspended 18 months for not properly supervising longtime employee Martha Bernal in 2018. While Scheflin was laid up with personal health issues, Bernal ran Scheflin Law. A CPA review said Bernal took advantage of that to steal $415,000 of firm and client money.

(Davie police put the amount at $424,281 in Bernal’s probable cause affidavit. In February, she was charged with first-degree grand theft and criminal use of personal identification information.)

Scheflin was left with just responsibility. But while on suspension, the Bar claims, she continued to communicate with clients of an estate for which she’s the attorney of record. She also didn’t come across with trust account records which the Bar requested.

▪ Wednesday, a referee rejected Coral Gables attorney Scot Strems’ Motion to Dissolve the emergency suspension that’s officially sidelined him since June 9.

In asking for that suspension, the Bar claimed the sole partner of Strems L
aw Firm “sits at the head of a vast campaign of unprofessional, unethical, and fraudulent conduct that now infects courts and communities across the state.”

The Bar stated it noticed a pattern in Strems Law Firm (SLF) lawsuits: file multiple for an incident when one would do; drop into “a ceaseless pattern of delay” that ignored deadlines; not obeying court orders, which requires more hearings or providing discovery that’s “often incomplete, unverified, or late;” acting in bad faith, such as lying to opposing counsel or the court or “SLF may conveniently forget to apprise the court of a client’s death;”court sanctions and the case being dismissed by the court or SLF.

Among the groups hurt by SLF’s actions, the Bar listed “the public, which relies heavily upon the judicial resources consumed by SLF’s case load; Florida homeowners, whose insurance premiums ultimately fund both sides of SLF’s cases...”

Strems has until July 30 to present an argument why the referee’s recommendation should not be approved by the state Supreme Court.

▪ Herbert E. Walker III resigned from the Miami-Dade State Attorney’s Office in 2007 during an investigation of sexual harassment complaints against him. Walker is now serving a suspension earned partially by his vanity.

In his unconditional guilty plea for consent judgment, Walker admits telling client Arthur Wallace he needed five new suits “to look good” for Wallace’s upcoming trial. Wallace dropped $5,000 at Aventura Mall on new suits and monogrammed shirts for Walker.

That level of gift from a client who isn’t a relative or a ride-or-die friend is an ethics violation.

But a bigger one was acting as attorney for murder suspect Parley Paskett while also representing Wallace, who was charged as an accessory after the fact. The referee’s report says Walker testified at a discipline hearing that he’d been “instrumentally involved in negotiating a plea deal” for Paskett.

“That plea deal, however, contemplated that Paskett, if called upon, would testify against (Walker’s) own client (Wallace),” the referee wrote.

That’s a conflict of interest. Both a judge and Wallace reported Walker to the Bar.

Also, Walker accepted money from Paskett’s mother. The referee’s report says Walker didn’t recall whether he told Wallace about it. Walker also apparently didn’t recall what he decided to say about the money, stating at various times in the discipline process that the money was a gift; was payment for legal work; and was “a Christmas present.”

Herbert E. Walker III The Florida Bar

Walker will be freed from suspension Independence Day, July 4, 2021.

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7 South Florida attorneys, one accused of stealing $625,000, disciplined by the state

Seven Palm Beach County attorneys disciplined

Kip Kootz, of Ocean Ridge, disbarred after DUI conviction revealed four more in another state.

A 77-year old Boca Raton lawyer agreed to give up his law license after he was accused of stealing $4.2 million from a longtime client, according to the Florida Bar.

Craig Sherman, who is being sued in Palm Beach County Circuit Court by his client, Barry Smith, is among seven Palm Beach County attorneys and 23 statewide who were disciplined by the Florida Supreme Court in March and April.

Two other Palm Beach County attorneys were stripped of their ability to practice law, the Bar said this week.

Kip Kootz, of Ocean Ridge, was disbarred after he was convicted in Palm Beach County Court of driving under the influence. In researching Kootz’s criminal record, a prosecutor discovered the attorney had been convicted of DUI four times in Minnesota. In violation of professional rules, he failed to tell the Florida Bar about his convictions.

West Palm Beach lawyer David Jaynes was disbarred for ignoring an order that required him to tell clients, judges and other lawyers that his license had been suspended last year. The Supreme Court found him guilty of contempt of a court order.

Brian Becher, of Boca Raton, was prohibited from practicing for two years after the Supreme Court found that he “engaged in conduct contrary to honesty and justice,” the Bar said. He knowingly made false statements to a judge and helped multiple companies avoid being served foreclosure lawsuits, it said.

Joshua Hauserman, of West Palm Beach, lost his license for six months, retroactive to Oct. 21, after the court found he failed to adequately supervise a non-lawyer who worked in his office and failed to effectively communicate with a client about the status of a case.

Aaron Cohen, of Delray Beach, and Stafford Shealy, of Lantana, both received public reprimands. The court said Cohen failed to respond to requests for information from the Bar. Shealy didn’t immediately report his DUI conviction to the Bar.

Full Article & Source:
Seven Palm Beach County attorneys disciplined

11 South Florida Attorneys Disciplined

The Florida Supreme Court disciplined 23 attorneys, including 11 from South Florida.

By Michael A. Mora

South Florida attorneys have landed in ethical hot water this months. Photo: Michail Petrov/Shutterstock.com

The Florida Supreme Court disciplined 11 South Florida lawyers between March 5 and April 23, including three who were disbarred, according to information released Thursday.

West Palm Beach attorney David Andrew Jaynes has been disbarred for allegedly failing to notify clients, opposing counsel and tribunals of his suspension, after a court held him in contempt.

Ocean Ridge attorney Kip Williams Kootz was disbarred after an arrest for driving under the influence of drugs or alcohol. He failed to advise the bar of four previous DUIs in Minnesota, according to court documents. A prosecutor learned of the convictions after Kootz had a new DUI arrest in February 2017. A jury later convicted Kootz.

Boca Raton lawyer Craig Barry Sherman agreed to a permanent revocation of his license to practice law following allegations that he misappropriated more than $4 million from a client over three years. The capital was supposed to be used for loans to real estate developers, according to the bar.

A Miami attorney, David Philips, was disbarred after he did not answer an order to show cause. A court found Philips in contempt for continuing to practice law, and continuing to receive funds into his trust account, despite an order revoking his license in February 2019, according to the bar.

Delray Beach attorney Aaron Matthew Cohen was held in contempt and publicly reprimanded for not promptly responding to inquiries from the bar.

Lantana attorney Stafford Nicholas Shealy got a public reprimand and two years of probation. Shealy pleaded guilty in November 2018 to a charge of driving under the influence of drugs or alcohol, and received 24 months of probation.

The Florida Supreme Court suspended the following six lawyers.

Edmar Mauricio Amaya, who was practicing in Miami, was suspended for 30 days following an April 9 court order. The document says he engaged in a sexual relationship with a client. Amaya failed to communicate the substitution of counsel after he realized he could no longer represent his client in a divorce proceeding.

Brian Bechar was suspended for two years. The bar said the Boca Raton lawyer displayed conduct that was “contrary to honesty and justice,” and that he defended proceedings that had no merit.

George William Castrataro has been suspended for 30 days after an April 6 court order. The bar filed a petition for contempt and order to show cause after the Fort Lauderdale attorney did not respond to its inquiries multiple times. Then Castrataro did not respond when the Florida Supreme Court ordered him to show why it should not sanction him. The attorney was held in contempt and his suspension is pending until he fully responds to the bar inquiry.

The Florida Supreme Court suspended Joshua Todd Hill Hauserman for six months, retroactive to Oct. 21, 2019. The West Palm Beach attorney did not adequately supervise a nonlawyer, and did not notify a court that he would not be present for a hearing, the bar said.

The high court also suspended Theodore G. Mastos for 10 days. The Coral Gables attorney failed to inform the court of a potential conflict of interest, and obtain a waiver, when he provided joint representation for two defendants in a single criminal case.

Full Article & Source:
11 South Florida Attorneys Disciplined

Attorney discipline: 7 punished in South Florida

The Florida Supreme Court disciplined 7 South Florida attorneys in recent actions brought by The Florida Bar. The actions:

• Herbert Wingfield Biggs, of Jupiter, was suspended for one year, effective 30 days from a Nov. 20 court order. Biggs failed to supervise a non-lawyer with whom he had a business relationship. When Biggs was absent from his law office, handling matters in Nevada, the non-lawyer, a convicted felon, solicited business, accepted funds from clients, used Biggs' letterhead and forged the attorney's signature. Further, Biggs shall pay restitution of more than $53,000 to two clients.

• James Whitcomb J. Carpenter, of Fort Lauderdale, was suspended for 90 days, effective Dec. 23, after modification of the Dec. 4 court order. Further, Carpenter shall attend ethics school and comply with other conditions. After the death of his stepfather, Carpenter initially failed to correctly identify all of the potential beneficiaries to the probate court.

• Michael Ralph Casey, of Oakland Park, was disbarred following a Nov. 21 court order. Casey is accused of defrauding hundreds of investors worldwide out of approximately $20 million. In September 2012, he was charged in federal court, with conspiracy to commit mail and wire fraud. On April 29, Casey failed to appear for a court hearing and a bench warrant was issued for his arrest by the U.S. District Court, Southern District of Florida. The FBI Wanted poster indicates that Casey "should be considered armed and dangerous."

• Robert James Julia, of Miami Lakes, was suspended for six months, effective 30 days from a Nov. 20 court order. Further, Julia shall pay restitution of $3,000 to one client. Julia engaged in improper business dealings with a long-time family friend. As a result of him taking a tax loss that was attributable to the investor, Julia received tax benefits to which he has not entitled.

• S. Tracy Long, of Delray Beach, was suspended for one year, effective 30 days from a Nov. 20 court order. Long shall also pay restitution totaling $11,500 to three clients. In one instance, Long hired non-lawyers to provide paralegal services and market foreclosure defense and loan modification and shared fees with them. In another case, Long was retained to help clients with a foreclosure matter. They continued to pay him, believing that he was working on saving the home. The clients were subsequently forced to vacate the premises.

• Louis Randolf Townsend Jr., of West Palm Beach, was suspended for 91 days, effective 30 days from a Dec. 17 court order. Townsend was found in contempt for practicing law while suspended.

• Stuart Barry Yanofsky, of Plantation, is to be publicly reprimanded following a Nov. 14 court order. Yanofsky was found in contempt for failing to respond to Florida Bar inquiries in a timely manner.

Full Article & Source:
Attorney discipline: 7 punished in South Florida

Six Central Florida attorneys disciplined

The Florida Bar announced the latest round of attorney discipline action in the state, and six of 22 attorneys on the list are from Central Florida.

Two of the attorneys, Terrence L. Dowdel of Orlando and Neal Johnathan Blaher of Altamonte Springs, were suspended until further notice when a Bar investigation showed they were paying themselves out of client trust accounts when they were not authorized, according to a news release from the Bar.

Dowdel was suspended on a Dec. 4 order from the Florida Supreme Court. (Case No. SC14-2295)

Blaher was suspend on a Nov. 25 court order. (Case No. SC14-2241)

Two other Central Florida lawyers asked to have their licenses revoked when they were confronted with serious allegations from the Bar:

Charles Everton Lewis, of Longwood, was revoked on a Nov. 14 court order, effective 30 days after the order. Charges pending against Lewis included allegations of misappropriation of client funds, gross neglect of trust account records and procedures and lack of supervision of his non-lawyer staff. (Case No. SC14-1959)

Rhonda Rankin Fisher of Daytona Beach was revoked on a Nov. 20 court order, effective 30 days later. A charge pending against Fisher alleged that she improperly used client funds for a purpose other than which they were intended. (Case No. SC14-1811)

According to the news release, two other local lawyers received public reprimands:

Adam Paul Philpott, Orlando, received a reprimand after he was arrested for DUI on three separate occasions, resulting in two convictions since 2006. He failed to notify the Bar of his latest conviction. (Case No. SC14-2074)

Timothy Wayne Terry, Orlando, after he failed to remit funds he withheld from employees’ wages for unemployment, Social Security, Medicare and income taxes from 2009 to 2012. (Case No. SC14-2078) 

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Six Central Florida attorneys disciplined