Category Archives: Attorney discipline

Referee recommends that former Florida judge who accepted Tampa Bay Rays tickets be suspended for 90 days and placed on probation

Hello everyone and welcome to this Ethics Alert which will discuss the recent Report of Referee which recommends that former Lee County Judge John Lakin, who was alleged to have improperly accepted tickets to Tampa Bay Rays baseball games, be suspended from practice for 90 days and be placed on probation for one year.  The case is The Florida Bar v. John Francis Lakin, SC17-542.  The June 25, 2018 Report of the Referee is here: https://www.documentcloud.org/documents/4564632-Referee-Report-Lakin.html

The Judicial Qualification Commission charged the judge with misconduct in 2016 alleging, inter alia, that he had requested and received Tampa Bay Rays tickets from a law firm in 2015 while presiding over a pending case in which the law firm represented one of the parties.  A jury ruled in favor of opposing party; however, the judge subsequently reversed that verdict in favor of the law firm’s client.  Five of the tickets that the judge received were given to him the day before he reversed the jury verdict.  The judge denied that the receipt of the tickets influenced his actions and later retired from the bench and went into private practice.

The Florida Bar filed a Complaint in March 2017 alleging that the lawyer violated Bar Rules related to dishonesty, deceitfulness, misrepresentation and/or fraud.  The referee assigned to hear the Bar matter recommended that the former judge’s law license be suspended for 90 days, and that he be placed on supervised probation one year, complete the Bar’s practice and professionalism enhancement program, “speak to new judges” about the circumstances, and pay the Bar’s costs of $5,244.00.

Under the Florida Bar rules, the referee’s report will now be reviewed by the Florida Supreme Court, which will render a final disciplinary opinion.  The judge and The Florida Bar can file a petition with the Court to review the findings and file briefs.

Bottom line:  This former judge accepted tickets from lawyers who were representing a party before him on a pending case and, soon after receiving the tickets, made a ruling which favored that law firm’s clients.   Even if the tickets did not influence the judge’s decision, the circumstances would certainly seem to create an appearance of impropriety and an arguable violation of the Judicial Canons.  The referee has now recommended that the judge be found guilty of Florida Bar Rule violations and suspended from practicing law for 90 days.  The Florida Supreme Court will now decide whether the referee’s findings will be upheld.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Filed under Attorney discipline, Attorney Ethics, Florida Bar, Florida judge ethics, Florida Judicial Canons, Florida Judicial Qualifications Commission, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, Former judge lawyer discipline accepting gifts while judge from party's lawyer, joe corsmeier, Joseph Corsmeier, Judge ethics accepting gifts, Judicial ethics, Lawyer conduct prejudicial to the administration of justice, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions

Illinois Disciplinary Board recommends 6 month suspension for lawyer who created false internet dating profile for opposing lawyer

Hello everyone and welcome to this Ethics Alert which will discuss the recent Illinois Disciplinary Hearing Board Report and Recommendation which recommended a 6 month suspension for a lawyer who created a false Match.com dating profile for an opposing lawyer, falsely denied doing it, and posted false negative internet reviews on the same lawyer.  The case is In re Drew Randolph Quitschau, Commission No. 2017PR00084 (June 6, 2018).  The Report and Recommendation of the Hearing Board is here: https://www.iardc.org/rd_database/rulesdecisions.html.

A disciplinary complaint was filed against the lawyer on August 4, 2017.  The complaint stated the lawyer was a partner in a law firm in Bloomington, Illinois until February 10, 2017 when he was terminated.  The lawyer and another Illinois lawyer named Michelle Mosby-Scott had appeared as opposing counsel in 17 proceedings and both appeared as opposing counsel in seven proceedings between June 2016 and February 2017.

Count I of the complaint alleged that the lawyer engaged in dishonesty by creating a false profile on Match.com in the name of another attorney, without the other attorney’s permission, and making several false representations in that profile and also that the lawyer made a false statement to a partner at his law firm by denying any responsibility for the false profile. Counts II through V alleged that the lawyer engaged in dishonesty by using the Internet to register with organizations or subscribe to materials in the name of the same other attorney, without the other attorney’s permission. Counts VI and VII alleged that the lawyer engaged in dishonesty by posting on the Internet false and negative reviews of the professional ability of the same attorney.  The disciplinary Complaint is here: https://www.iardc.org/17PR0084CM.html

According to the Report, the lawyer admitted to all of the misconduct allegations in his Answer to the complaint and the Hearing Board found that all misconduct charges were proven.  A hearing was held on February 6 and March 2, 2018 and the Report further states:

“The Match.com profile created by Respondent included the following representations that Respondent knew were false: Mosby-Scott was separated from her husband; her children sometimes live with her; she smokes but is trying to quit; she regularly drinks alcohol; she is an agnostic; she is 56 years of age; she does not exercise and enjoys auto racing and motor cross; she has cats; and her favorite hot spots are the grocery store, all restaurants, the Pizza Ranch, all buffets, and NASCAR.

Also in September 2016, Respondent downloaded several photos of Mosby-Scott from her law firm website. He then uploaded those photos to the Match.com profile he created so that the photos could be viewed by the general public. Respondent knew the profile he created in Mosby-Scott’s name was false and knew she had not authorized him to create the profile, user name, password, or email address.

In early October 2016, Mosby-Scott became aware of the Match.com profile in her name. She filed a lawsuit requesting the court to provide her with the Internet Protocol (IP) address associated with the Match.com profile. On December 9, 2016, Match.com provided to Mosby-Scott that IP address. On January 20, 2017, Comcast, the Internet provider for the Thomson & Weintraub law firm gave written notice that the law firm’s IP address was used to create the false Match.com profile for Mosby-Scott. On the same date, Terrence Kelly, a partner at Thomson & Weintraub informed employees that the firm’s IP address was used to create the false profile. He also announced that the firm would be hiring a computer expert to examine all of the firm’s computers. On about the same date, Kelly asked Respondent whether he had created the false profile, and Respondent denied doing so. Respondent knew his statement to Kelly denying that Respondent created the profile in Mosby-Scott’s name was false.”

The Report states that the Board “discussed the seriousness of the misconduct, the aggravating and mitigating factors, and concluded that a fixed term of a suspension, even a lengthy one, will not adequately maintain the integrity of the legal profession or protect the administration of justice from reproach and recommended Respondent be suspended from the practice of law for six months and until further order of the Court.”

Bottom line:  This lawyer admitted all of the bizarre allegations of misconduct in his Answer, including that he had created the Match.com profile “downloaded several photos of (the opposing lawyer) from her law firm website (and) then uploaded those photos to the Match.com profile he created so that the photos could be viewed by the general public” and lying to his law firm by denying that he created it.  He also admitted posting false and negative reviews of the lawyer’s professional ability on the internet; however, there is nothing in the Complaint or Report which discusses the actual motives behind this very strange and inexplicable conduct by the lawyer.  The Report and Recommendation will now be sent to the Illinois Supreme Court for review and a final opinion.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, lawyer creating false internet profile for opposing counsel, Lawyer ethics, Lawyer false statements, lawyer improper social media conduct, Lawyer sanctions for lying and posting on social media, Lawyer social media ethics, lawyer suspension social media misconduct, Lawyers and social media

Florida lawyer disbarred for soliciting and having sex with 2 clients while they were incarcerated in jail

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court opinion disbarring a lawyer who had solicited and sex with 2 clients in they were incarcerated in jail.  The case is The Florida Bar v. Blackburn, No. SC17-1514 and the opinion is here: http://www.floridasupremecourt.org/decisions/2018/sc17-1514.pdf

The Florida Bar’s complaint alleged that the lawyer visited the 2 female clients in jail in Duval County on September 3, 2016.  He deposited money in one client’s bank account to pay for the sex and promised another client free or discounted legal services in exchange for sex.  The lawyer was arrested and pled no contest to a misdemeanor battery charge in the underlying criminal matter on May 25, 2017.

According to media reports, the lawyer showed the clients pornographic images before having sexual contact with them.  One of the clients said then made sexual advances towards her by touching her and forcing her to touch him.  Jail employees became suspicious when they noticed that the lights were out in the room. Criminal investigators also obtained a recorded telephone call that one of the clients made to her friend from the jail explaining what happened.

The Florida Bar and the lawyer entered into a consent agreement for an 18 month suspension with the conditions that the lawyer attend the Florida Bar’s Ethics School, contact Florida Lawyers Assistance, Inc. (FLA, Inc.) to schedule an evaluation and abide by all recommendations made by FLA, Inc., and pay the Bar’s costs of $1,688.51 before he could be reinstated.  The referee approved the agreement; however, the Court, in a unanimous opinion, disbarred the lawyer.  The lawyer had previously been suspended for 30 days in December 2014 for minor misconduct related to his handling of a child custody case.

The May 24, 2018 opinion states:

“Furthermore, the Court has moved toward imposing harsher sanctions, see Florida Bar v. Herman, 8 So. 3d 1100, 1108 (Fla. 2009), and has stated that it ‘will strictly enforce the rule against lawyers engaging in sexual conduct with a client that exploits the lawyer-client relationship.’ Fla. Bar v. Bryant, 813 So. 2d 38, 44 (Fla. 2002); see Fla. Bar v. Samaha, 557 So. 2d 1349, 1350 (Fla. 1990) (‘Even the slightest hint of sexual coercion or intimidation directed at a client must be avoided at all costs.’).

“In summary, evidenced by this Court’s case law, under no circumstances should an attorney representing a client expose that client to unwanted sexual relations of any kind. Respondent’s conduct, which exploited his clients’ circumstances for his own personal benefit, ‘breeds contempt and distrust of lawyers,’ ‘demonstrates severe moral turpitude,’ and such actions ‘are wholly inconsistent with approved professional standards.’ McHenry, 605 So. 2d at 461.”

Bottom line:  This lawyer engaged in highly improper and criminal conduct and consented to an 18 month suspension; however, the Florida Supreme Court disagreed with that agreement and imposed disbarment.

Be careful out there.

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding ethics, risk management, or other issues, please do not hesitate to contact me.

My law firm focuses on review, analysis, and interpretation of the Rules Regulating The Florida Bar, advice and representation of lawyers in Bar disciplinary matters, advice and representation of applicants for admission to The Florida Bar before the Board of Bar Examiners, defense of all Florida licensed professionals in discipline and admission matters before all state agencies and boards, expert ethics opinions, and practice management for lawyers and law firms.  If there is a lawyer or other Florida professional license involved, I can defend the complaint or help you get your license. 

If you have any questions or comments, please call me at (727) 799-1688 or e-mail me at jcorsmeier@jac-law.com.  You can find my law firm on the web at www.jac-law.com. In addition to handling individual cases, matters, problems and issues for my clients, I also am on retainer to provide ethics advice to numerous lawyers and law firms throughout the state of Florida.  I also provide legal assistance and advice to numerous individuals and non-legal entities to help insure compliance with the law and rules related to UPL and other issues.

You are receiving this ETHICS ALERT since you are a current or former client or you have requested that this Update be sent to you.  Please note that you may opt in or out of receiving this ETHICS ALERT any time.  If you would like to discontinue receipt of this ETHICS ALERT or if you would like to begin receiving it, simply send me an e-mail to me advising of your request.

If there are others at your firm who would like to be included on the distribution list, please feel free to forward this update to them or let us know in an email.  If you would like to forward this Ethics Alert to any person or entity please feel free do so as long as it is not for personal gain and you forward the entire email, including all contact information and disclaimers. 

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

 

 

 

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Filed under Attorney discipline, Attorney Ethics, Florida Bar, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sex with client, Lawyer sex with client in jail, Lawyer soliciting sex with client in jail

Florida Supreme Court suspends two lawyers for conflict of interest Bar Rule violations under “hot potato doctrine”

Hello everyone and welcome to this Ethics Alert, which will discuss recent opinion of the Supreme Court of Florida suspending two Florida lawyers for 30 days for violating Bar Rules related to conflicts of interest under what is being called the “hot potato” doctrine. The cases are: The Florida Bar v. Steven Kent Hunter, Case No.: SC16-1006, TFB No. 2014-70,728(11C) and The Florida Bar v. Philip Maurice Gerson, Case No.: SC16-1009, TFB No. 2014-70,729(11C).  The April 11, 2018 Supreme Court opinion is here:  https://efactssc-public.flcourts.org/casedocuments/2016/1006/2016-1006_disposition_141625_d31a.pdf

The Florida Supreme Court opinion suspended the two lawyers for 30 days each for seeking payments for their clients from a scientific institute created in a class action tobacco settlement notwithstanding objections from their previous clients.  The opinion found that the lawyers violated Florida Bar Rules 4-1.7 (conflict of interest – current clients), and 4-1.9 (conflict of interest – former clients) by seeking relief adverse to the clients’ interests.  The case involved the so called “hot potato doctrine”, which was established in a March 27, 2014 Florida Supreme Court opinion involving the same lawyers.

The 2014 Supreme Court opinion quashed a Third District Court of Appeals opinion reversing a trial court order disqualifying the lawyers on the same underlying facts as the 2018 Bar case.  That opinion stated:  “Additionally, with this opinion, we ask The Florida Bar to investigate whether any Florida Rules of Professional Conduct were violated during the underlying proceedings or during the presentation of this case to this Court.  The case is Patricia Young et al. vs. Norva Achenbauch, et al., Case No. SC12-988, and the March 27, 2014 opinion is here:  http://www.floridasupremecourt.org/decisions/2014/sc12-988.pdf

In Young, the Court said that a lawyer who has a conflict of interest between two current clients cannot avoid the current-client conflict rule (4-1.7) by dropping one client “like a hot potato.”  Before that opinion, it was argued that a client who a lawyer dropped because of a conflict of interest became a former client under Bar Rule 4-1.9, which is potentially less restrictive.

The underlying litigation began with a putative class-action lawsuit filed by a different lawyer on behalf of a number of flight attendants alleging damages for second hand smoke inhalation. That case settled with no compensation to class members; however, the settlement provided that $300 million would be paid to create a foundation sponsoring scientific research on cigarette smoking.  The settlement also allowed individual suits for compensatory damages by class members, as long as those claims were not based on alleged fraud and misrepresentation.  The lawyers were among the lawyers who took on individual suits by flight attendants.

The referee found in his report that the lawyers (and the other lawyers) were “wholly unsuccessful” in the individual cases, partly because class members could not prove causation.  The referee also found that, after the unsuccessful lawsuit, the lawyers then turned to “Plan B”, which was to negotiate payments to class members from the foundation. Two of Gerson’s former clients sent letters to the foundation stating they objected to any plan to undercut the foundation’s activities and funding.  Hunter, the other lawyer, received an objection from a foundation board member who he had previously represented in one of individual lawsuits, and who was being paid $60,000 annually to serve on the foundation board.

According to the referee’s report, Gerson believed the letters were solicited to stop the petition to approve a distribution from the foundation. Gerson and Hunter then withdrew from representing anyone who had voiced an objection, and filed a petition alleging that the institute had substantially deviated from its approved purpose and had misused settlement funds.

The institute and the objectors then filed a petition to disqualify the lawyers because of a conflict of interest and the disqualification issue was addressed in the Florida Supreme Court’s 2014 opinion, which created the so called “hot potato” doctrine.  The referee found that the 2014 opinion was binding in the ethics case; however, the referee recommended only an admonishment, finding that neither lawyer had any prior disciplinary record, the case involved legal issues that were unsettled before the 2014 Supreme Court decision, and the issue of whether the petition sought relief adverse to class members was “fairly debatable.”

The Florida Supreme Court opinion approved the referee’s findings of fact and the recommendation that the lawyers be found guilty of violating Florida Bar Rule 4-1.7; however, the opinion rejected the recommendation that the lawyers be found not guilty of violating Bar Rule 4-1.9, and found both lawyers guilty of violating that rule. The opinion also disapproved the referee’s recommendation of an admonishment and suspended both lawyers for 30 days.

Bottom line:  This is an unusual case where the Florida Supreme Court issued an opinion in an underlying case and sent the case to The Florida Bar for investigation.  The opinion relied on the court’s previous finding in the civil case and suspended the lawyers, even though the referee found the conflict to be “fairly debatable”.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Filed under Attorney discipline, Attorney Ethics, Conflict of Interest "hot potato" doctrine, Disqualification, Florida Bar, Florida Supreme Court, Grounds for lawyer withdrawal, joe corsmeier, Joseph Corsmeier, Lawyer conflict of interest, Lawyer conflict of interest former clients, Lawyer conflict of interest- current clients, Lawyer discipline, Lawyer disqualification, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions

New Jersey lawyer is reprimanded for telling Bar discipline official that he should “go f*** himself”

Hello everyone and welcome to this Ethics Alert which will discuss the recent reprimand of a New Jersey lawyer who, inter alia, told a Bar official to GO F**K YOURSELF!!!!!!!!!!!!!!!!!!!!!”.  The case is In the Matter of Michael Rychel, Docket No. DRB 16-250, District Docket No. IIA-2014-0007E.  The April 10, 2017 OAE disciplinary report is here: http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1082359 and the February 9, 2018 discipline Order is here:  http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1094024

The lawyer was admitted to practice in New Jersey in 1992.  According to the April 10, 2017 OAE report,  the lawyer sent e-mails to the director of the New Jersey Office of Attorney Ethics (OAE) and an OAE investigator on November 7, 2012.  The e-mails were sent within minutes of each other.

The lawyer’s first e-mail to the OAE investigator stated:  “Do me a big favor and tell Director Centinaro, THANKS FOR THE BACK UP!!!!!!!!!!!!!!!!!!!! I really appreciate his f*****g lack of concern. THIS IS A F*****G ATROCITY THAT AN HONEST LAW ABIDING ATTORNEY SHOULD HAVE TO GO THROUGH THIS S**T!!!!!! TELL CHARLES CENTINARO THAT I SAID TO GO F**K HIM SELF [sic]!!!!!!!! QUOTE ME IN YOUR REPORT!!!!!! NO OFFENSE AGAINST YOU, I KNOW YOU’RE A DECENT HONEST GUY.  mIKE RYCHEL”

In the second e-mail to the OAE director, the lawyer stated:  “Hey Charlie, here’s an example of what you’re [sic] f*****g AMBULANCE CHASING attorneys and their minions do to honest hardworking attorneys who comport their conduct to the RPC’s, 2C and the IRS code. Thanks so much for the back up [sic]. Look personally between me and you GO F**K YOURSEL ELF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!  Mike Rychel”

The lawyer testified that the reason that he was so upset and sent the e-mails was that he perceived system-wide corruption by ethics officials who handled his claims of misconduct against others, and was “troubled that his grievances had been dismissed.”   He said that he sent the second e-mail to the OAE director because he was afraid the investigator would not convey his message.

The lawyer also admitted that his e-mail was “emotive, that it was discourteous, it lacked civility. Any further inquiry, whether or not it is abusive, whether it’s lewd, whether it’s obscene, I believe is superfluous and goes beyond the parameters of the Rule in terms of proving the necessary — the necessary proofs of a violation of a 3.2.”

The discipline Order reprimanded the lawyer and required the payment of the disciplinary costs and dismissed the grievance filed by the lawyer against the OAE since that was “no reasonable prospect of proving unethical conduct by clear and convincing evidence.”

Bottom line:  This lawyer apparently was so upset that he completely lost his ability to think clearly and he also failed to follow the very simple rule to think before sending an e-mail communication (or text message) which is instantaneous and permanent and cannot be taken back.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer abusive e-mails, Lawyer abusive e-mails and cursing in e-mail, Lawyer conduct adversely affecting fitness to practice, Lawyer e-mail to Bar lawyer cursing and abusive, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer threatening e-mails

Florida lawyer is disbarred for “egregious misconduct” and a pattern of disruptive and “obnoxious” behavior

Hello everyone and welcome to this Ethics Alert which will discuss the recent disbarment of a lawyer in south Florida attorney for, inter alia, engaging in “escalating misconduct,” including loudly kicking a table and muttering “lie, lie, lie” during court proceedings.  The case is The Florida Bar v. Robert Joseph Ratiner, No. SC13-539 (Florida Supreme Court 2/22/18), and the opinion is here:  http://www.floridasupremecourt.org/decisions/2018/sc13-539.pdf

The lawyer was admitted in 1990 and was disciplined in 2007 after engaging in a rant against opposing counsel for DuPont during a deposition.  He represented some orchid growers who had alleged that DuPont’s fungicide called Benlate had killed their plants.  DuPont’s lawyer attempted to put an exhibit sticker on the lawyer’s laptop.  He then attempted to run around the table toward the other lawyer and yelled at him which, according to the referee’s report, caused the court reporter to state “I can’t work like this!”  That conduct resulted in a 60 day suspension and probation.

The lawyer was then involved in a document review session with DuPont in 2009 and, according to the referee’s report, he loudly called DuPont’s lawyer a “dominatrix,” with “no substantial purpose other than to embarrass” her. He later tried to forcibly take papers from another DuPont lawyer after she told him, “Don’t grab (me) ever again.” That conduct resulted in a three year suspension.

The most recent complaint against the lawyer was related to his conduct in Miami-Dade Circuit Court proceedings that began in late 2011.  The presiding judge stated that she heard the lawyer state “lie, lie, lie” while a DuPont lawyer was conducting a direct examination of his law partner; however, he denied making the comment.  The judge also terminated a hearing because the lawyer was kicking his table so loudly that it was disrupted the proceedings.

The assigned referee conducted hearings and The Florida Bar argued that the lawyer should be disbarred. The referee recommended a three year suspension to begin at the end of the lawyer’s current three year suspension.  In its opinion, the Florida Supreme Court found that the lawyer’s cumulative and egregious misconduct required disbarment.  According to the opinion:

“Disbarment is an extreme form of discipline and is reserved for the most egregious misconduct. See Fla. Bar v. Summers, 728 So. 2d 739, 742 (Fla. 1999); see also Fla. Bar v. Kassier, 711 So. 2d 515, 517 (Fla. 1998) (holding that disbarment is an extreme sanction that should be imposed only in those rare cases where rehabilitation is highly improbable).  Ratiner’s intentional and egregious misconduct continues to demonstrate an attitude that is wholly inconsistent with professional standards, and there is no indication that he is willing to follow the professional ethics of the legal profession. As we observed in (The Florida Bar v.) Norkin,

One can be professional and aggressive without being obnoxious.

Attorneys should focus on the substance of their cases, treating judges

and opposing counsel with civility, rather than trying to prevail by

being insolent toward judges and purposefully offensive toward

opposing counsel. This Court has been discussing professionalism

and civility for years. We do not tolerate unprofessional and

discourteous behavior. We do not take any pleasure in sanctioning

[Respondent], but if we are to have an honored and respected

profession, we are required to hold ourselves to a higher standard.

132 So. 3d at 92-93.

Thus, based upon the foregoing discussion, the Court is left with but one course of action, and that is to disbar Ratiner.”

Bottom line:  This lawyer clearly failed to get the message.  The Supreme Court also did not accept his claims of innocence.  As a result, he was disbarred.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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