Category Archives: Lawyer abusive e-mails

Florida Supreme Court permanently disbars lawyer for “defiant and contemptuous conduct”, and practicing while suspended

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:

https://jcorsmeier.wordpress.com/2013/11/04/florida-supreme-court-suspends-lawyer-for-2-years-for-appalling-and-unprofessional-behavior-including-screaming-at-judges-and-opposing-counsel/

and here: https://jcorsmeier.wordpress.com/2014/09/17/florida-supreme-court-issues-in-person-public-reprimand-to-lawyer-suspended-for-2-years-for-appalling-and-unprofessional-behavior/

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.

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.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Advertisements

Leave a comment

Filed under Attorney discipline, Attorney Ethics, Florida Bar, Florida Lawyer Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer abusive e-mails, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer disbarment, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer permanent disbarment for contempt of suspension order, Lawyer sanctions, Lawyer threats and discipline, Lawyer unauthorized practice of law while suspended, Lawyer unlicensed practice of law, Lawyer violation of court order

Illinois Bar complaint alleges that lawyer left racially and religiously abusive voice mails and neglected a criminal appeal

Hello everyone and welcome to this Ethics Alert which will discuss the recent disciplinary complaint filed by the Illinois Disciplinary Commission against a Chicago, Illinois lawyer alleging, inter alia, that the lawyer left abusive voice mails telling the father of one client that “all black people are alike”, calling a nursing home administrator a “stupid Jew ass”, and using other abusive racial and ethnic language in the voice mails.  The disciplinary complaint was filed in the case of In the Matter of the Michael Jerome Moore, Commission No. 2015PR00076 (August 26, 2015) and is here: http://www.iardc.org/15PR0076CM.html

The first count of the disciplinary complaint alleges that the lawyer represented a client in defending criminal aggravated battery charges beginning in 2012.  The lawyer left voice mails with the client’s father in the summer of 2014 in an attempt to collect $300.00 in additional fees. The father had already paid a $3,500.00 under the fee agreement, as well as an extra $200.00.  The voice mail included the following statements:

“You are a piece of garbage. All black people are alike. You’re slovenly, ignorant.”

“You better give me my money or your son’s case is going to be delayed.”

“I’m sick of you, you piece of shit.”

“Low class n—–s. I’m going to have you all locked up.”

“You’re ugly, low class, ignorant. I’ll finish with you when he gets off. You’re demeaning your son.”

The second count of the disciplinary complaint alleges that the lawyer represented an individual in matters related to a power of attorney that the individual had executed for the lawyer to assist him.  The client was moved out of a nursing home and the lawyer left a voice mail with the nursing home in June 2014 protesting the nursing home’s release of the client. The voice mail included the following statements:

“You know, I tried to be academic, intellectual, and community-minded and everything else with you. What you’re supposed to do as a nursing home, you piece of [shoe or Jew] garbage. You put my girl out in the street and didn’t give a fuck, and didn’t let her come back, and know that she is mentally challenged. Are you mentally challenged, you piece of shit? Let me tell you something. There is a tort–with your stupid ass, you don’t know what that is—called violation of fiduciary capacity. And that’s what you’ve done in this, with your stupid Jew ass. Mother-fuck you, how you fucked my girl. Okay, I’m going to sue you, a federal law– I’ll sue you, sue the fuck out of you. You should’ve knew better. Fiduciary capacity carries with it a responsibility of the particular concerns of the person involved. She’s schizophrenic, hyper-paranoid schizophrenic, you piece of shit.”

The third count of the disciplinary complaint alleges that the lawyer violated the Illinois Bar disciplinary rules by:

“failing to provide competent representation to a client, by conduct including failing to file a completed petition for waiver of appellate fees and affidavit of indigency signed by Thomas and failing to respond to orders of the Wisconsin Court of Appeals, in violation of Rule 20:1.1 of the Wisconsin Rules of Professional Conduct; and

failing to act with reasonable diligence and promptness in representing a client, by conduct including failing to file a completed petition for waiver of appellate fees and affidavit of indigency signed by Thomas and failing to respond to orders of the Wisconsin Court of Appeals, in violation of Rule 20:1.3 of the Wisconsin Rules of Professional Conduct.”

Bottom line: This is another “you couldn’t make this up” moment.  If the allegations are true, it appears that anger management may in this lawyer’s future.  Although this is clearly an extreme case (if the allegations are true) it provides me with a good opportunity to remind all lawyers (and non-lawyer staff) that we all must be extremely careful with our words in voice mails, e-mails, and all other communications.  Also, we must always keep in mind that a voice mail message may very well be accessed by a person other than a client; therefore, a v/m message should not reveal any attorney/client confidential information.

Be careful out there.

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

Disclaimer:  this blog 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.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

Leave a comment

Filed under Attorney discipline, Attorney Ethics, ethnic, joe corsmeier, Joseph Corsmeier, Lawyer abusive e-mails, Lawyer conduct adversely affecting fitness to practice, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer lack of competence, Lawyer lack of diligence, lawyer offensive racial, lawyer racial, Lawyer racially and religiously abusive language, Lawyer sanctions, Lawyer threats and discipline