Hello and welcome to this Ethics Alert which will discuss the October 8, 2015 Florida Supreme Court opinion which permanently disbarred a lawyer for contempt of his previous 2 year suspension order, threats to Bar counsel, and “unrepentant attitude”. The case is The Florida Bar v. Jeffrey Alan Norkin, Case Nos. SC11-356 and No. SC13-2480. The opinion is here: http://www.floridasupremecourt.org/decisions/2015/sc11-1356.pdf
The lawyer was serving a two-year suspension which began in 2013 for “appalling and unprofessional behavior” during litigation over a dispute between business partners. He also received a public reprimand administered by Supreme Court Chief Justice Ricky Polston in 2014.
According to the October 8, 2015 opinion, in the previous disciplinary case:
Respondent made threatening and disparaging statements to a senior judge, who had been appointed to serve as a provisional director by civil trial Judge Dresnick. This misconduct violated Rules Regulating the Florida Bar 4-8.2(a) (a lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, mediator, arbitrator, adjudicatory officer, or public legal officer) and 4-8.4(a) (a lawyer shall not violate or attempt to violate the Rules of Professional Conduct). Respondent also demonstrated unprofessional and antagonistic behavior during numerous hearings in the civil case. Respondent’s behavior was offensive to both Judge Dresnick and successor Judge Valerie Manno Schurr. His conduct also disrupted the proceedings, in violation of rule 4-3.5(c) (a lawyer shall not engage in conduct intended to disrupt a tribunal). Finally, Respondent made approximately ten disparaging or humiliating statements to opposing counsel. Respondent yelled insults at opposing counsel in the hallway of a courthouse in front of other attorneys. Respondent shouted in front of a judicial assistant and other attorneys that opposing counsel was a liar. Such misconduct was in violation of rule 4-8.4(d) (prohibiting an attorney from engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against other lawyers on any basis).”
My previous blogs on the 2 year suspension case are here:
The Florida Bar filed a petition for contempt and order to show cause in December 2013 alleging that the lawyer failed to provide the required affidavit attesting to his notification to clients, opposing counsel, and judges that he was suspended. The Bar filed an amended contempt petition in January 2015 alleging that the lawyer had practiced law after he was suspended by e-mailing opposing counsel regarding a pending case, discussing the results of a hearing, and preparing a pleading for his former client.
The amended contempt petition also requested that the lawyer be sanctioned for sending three offensive and threatening e-mails to Bar counsel and pointed out that the lawyer showed his contempt for the Court through his facial expressions and body language during the public reprimand. The video of the lawyer’s 2014 public reprimand is here: http://www.wfsu.org/gavel2gavel/viewcase.php?eid=2129
According to the opinion, “(a)t the hearing on the motion for sanctions, the referee questioned Norkin about the e-mails and his behavior during the public reprimand administered by this Court. In response, Norkin asserted his ‘right to speak freely and to express his beliefs in the manner of his choosing,’ and freely admitted that during the public reprimand, he intentionally smirked and stared down each Justice one by one.”
The referee granted summary judgment on the issue of the lawyer’s alleged practice of law while suspended and failure to notify clients, opposing counsel, and judges that he was suspended, found him in contempt. For that and other misconduct, including “knowingly or through callous indifference disparaged, threatened, and humiliated bar counsel” by sending threatening e-mails, the referee recommended that the lawyer be disbarred.
The opinion affirmed the referee’s findings that: “Norkin’s e-mails to bar counsel referred to bar counsel as ‘evil’ and ‘despicable’; called the proceedings against him ‘the most unjust act in judicial history’; stated that bar counsel had no conscience; and stated, ‘I’m preparing the lawsuit against you. Keep an eye out.’”
The opinion further stated: “Given Norkin’s continuation of his egregious behavior following his suspension and during the administration of the public reprimand, we conclude that he will not change his pattern of misconduct.” “Indeed, his filings in the instant case continue to demonstrate his disregard for this court, his unrepentant attitude, and his intent to continue his defiant and contemptuous conduct that is demeaning to this court, the court’s processes, and the profession of attorneys as a whole.” The opinion affirmed the referee’s recommendation and permanently disbarred the lawyer.
Bottom line: This opinion (presumably) concludes the very long saga of this lawyer’s prosecution by The Florida Bar and makes it clear that this lawyer continued to engage in extreme and outrageous behavior and practiced law after he was suspended and failed to comply with the suspension terms, which resulted in his permanent disbarment.
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Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
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