Category Archives: Lawyer conduct adversely affecting fitness to practice

Florida Supreme Court permanently disbars lawyer for, inter alia, breaking into former law firm, creating parallel firm, and filing multiple improper fee liens

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court Order permanently disbarring a Florida lawyer for, inter alia, breaking into his former law firm and the firm’s storage unit, creating a parallel law firm, and filing multiple improper fee liens.  The case is The Florida Bar v. Christopher Louis Brady, Case No.: SC19-39, TFB No. 2019-10,127(12B)(HES).  The July 11, 2019 Florida Supreme Court Order is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/2A42CACF97608E7785258439000C41B7/$FILE/_11.PDF 

According to the referee’s report, the lawyer was employed as an associate at a law firm and was fired in July 2018 after missing hearings and for exhibiting “odd and concerning behavior.”  Almost immediately after his firing, the lawyer began holding himself out as the owner of the former law firm even though there was one sole owner.  The Report of Referee is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/32070D97303477DA852583DF000AB0F1/$FILE/_19.PDF.  The lawyer justified his actions by claiming that the former law firm’s failure to use periods in “PA” when created as a professional association gave him the right to create a new firm of the same name by filing as a professional association with periods, so that it read “P.A.”.

The lawyer and his twin brother were also criminally charged with burglarizing the former law firm’s office in August 2018.  A videotape of the burglary apparently showed the lawyer and his brother backing a truck up to the law firm, tying a rope from the truck to the front door and using the vehicle to rip the door open. The video also showed the lawyer and his brother removing a safe and the law firm’s computer server.  A few days later, the lawyer and his brother burglarized the law firm owner’s storage unit using keys which were taken from a safe that was stolen during the law firm burglary, according to the referee.  The lawyer also stole a firearm during the burglary.

The lawyer filed several documents on behalf of the law firm and its clients without their knowledge or authority, and filed a false confession of judgment in his own favor.  He also filed more than 100 notices of liens for fees in the law firm’s pending cases “in an attempt to grab fees from cases to which he was not entitled.”

The law firm owner obtained an injunction which barred the lawyer from harassing him or interfering with his business.  The injunction also prohibited the lawyer from contacting the firm owner, his employees, his clients or his attorney. The lawyer violated that injunction multiple times and a court order was issued holding him in contempt for violating the injunction three times.

The referee’s report cited the lawyer’s refusal to acknowledge the wrongful nature of his conduct as one of the multiple aggravating factors and recommended permanent disbarment.  According to the referee’s report, “(the lawyer’s failure to acknowledge the wrongful nature of his misconduct) is perhaps the most profoundly implicated aggravator in this case”.  The lawyer “clings to his justification for his actions with a ferocity that is quite disturbing.”

Bottom line:  This case is certainly very bizarre and the lawyer’s conduct as set forth in the report of referee is extremely disturbing.

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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Tennessee lawyer disbarred for, inter alia, false and exaggerated time entries and making false statements in court under oath

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Tennessee Supreme Court opinion disbarring a lawyer for, inter alia, giving a false statement under oath, knowingly testifying falsely in a court proceeding, and seeking an unreasonable fee  The case is Tennessee Board of Professional Responsibility v. Loring Edward Justice, Case No. E2017-01334-SC-R3-BP.  The link with the July 2, 2019 SC opinion is here: https://docs.tbpr.org/justice-2254-sc-decision.pdf.

According to the opinion, the lawyer made false and exaggerated time entries when he submitted a request for more than $103,000 in legal fees for the time that he spent fighting Lowe’s Home Centers over a discovery violation.  The lawyer also claimed his paralegal’s work as his own and falsely stated that he had kept “contemporaneous records” of the time he spent in the underlying discovery dispute.  The lawyer also submitted a “grossly exaggerated” fee itemization that included work for which he was not supposed to be paid.

A federal district judge had ordered that the lawyer be paid for the time that he spent locating and deposing a store human resources manager as a sanction for the store’s failure to disclose the name in discovery.  After questions arose about Justice’s legal billings, including seventeen items described as attorney time which were identical or nearly identical to invoices submitted by the lawyer’s paralegal, the judge declined to award fees to the lawyer..  In addition, other billings in the lawyer’s fee itemization were found to be for tasks that were “completely unrelated” to the issues in the dispute.

A Board of Professional Responsibility hearing panel had recommended a one-year suspension rather than a disbarment and the lawyer, and the Board of Professional Responsibility appealed.  The hearing panel’s Findings of Fact and Conclusions of Law are here:  https://docs.tbpr.org/justice-2254-hp-judgment.pdf.

A judge assigned to hear the case later modified the suspension recommendation to disbarment, stating that the lawyer’s “intentional deceit” and “total lack of remorse” required disbarment.

The lengthy Supreme Court opinion stated that the evidence “furnishes an eminently sound factual basis for the hearing panel’s decision” and the judge’s modification of the sanction to disbarment.  In a footnote, the opinion stated that some of the lawyer’s arguments were “too outlandish to dignify with discussion”, including the argument that the trial judge’s given name illustrates bias. The footnote states: “Not only is this argument without merit, it is absurd.”  The opinion disbarred the lawyer.

Bottom line:  According to the very lengthy opinion, this lawyer apparently decided to fabricate his time, make false statements, and then continue to argue and claim that the fee was appropriate throughout the proceedings.  He and his lawyers also made arguments that were “too outlandish to dignify with discussion.”

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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Ohio lawyer sentenced to 30 days in jail for pleading that “was an attempt to mislead the court, obstruct justice and prejudice the administration of justice”

Hello everyone and welcome to this Ethics Alert which will discuss the recent Court Order imposing a 30 day jail sentence on an Ohio lawyer, who is general counsel to Bowling Green State University (BGSU), for, inter alia, filing a pleading that “was an attempt to mislead the court, obstruct justice and prejudice the administration of justice”. The case is Fitzgerald vs. Fitzgerald, Case No. 2017DR0012.  The April 4, 2019 Order and Notice of Appeal are here: https://images.law.com/contrib/content/uploads/documents/292/April-5-Wood-County-decision.pdf (PDF of Order courtesy of Law.com)

According to media reports, the lawyer is employed as BGSU’s general counsel and vice president, and was representing himself in a divorce proceeding from his wife in the Wood County (Ohio) Common Pleas Court Domestic Relations Division.  He was sentenced to 30 days in jail to begin on April 8, 2019 after a series of incidents during the proceedings.  He was then placed on paid leave by the university and he was also suspended from an appointment as an assistant attorney general through that position.

According to the Order, the lawyer objected to an attorney fee request filed by a lawyer who was representing one of his sons and told the judge he would be filing a grievance against that lawyer.  The Order states that “The Court finds that (the lawyer) was untruthful.  He claims to have filed a grievance against Mr. Mohler.  That was not true, no grievance was filed.  His pleading was an attempt to mislead the court, obstruct justice and prejudice the administration of justice.  Such a grievance, if true, would “impede of eliminate Mr. Mohler from representing his client.  This situation is magnified by the fact that Mr. Mohler has practiced before courts across Ohio, including this one, with calming superior legal skills, cogent writing and impeccable integrity. If Mr. FitzGerald had a grievance, he is duty bound to file it. He did not do so.”

“By his pleadings, e-mails and exhibits, Mr. FitzGerald has, at the least, been unprofessional toward the magistrate, Ms. Heringhaus; his former lawyer, Ms. Shope; the Guardian ad Litem, Ms.Cox; and his opposing counsel, Ms.Engwert-Loyd. During the last telephone pretrial, Mr. FitzGerald attacked Ms. Engwert-Loyd twice.”  The judge also found that the pleading violated the Ohio Rules of Professional Conduct and referred the matter to the Ohio disciplinary authorities.  The lawyer appealed the Order to the Ohio Sixth District Court of Appeals.

Bottom line: this lawyer apparently engaged in the misconduct while representing himself in a divorce proceeding from his spouse.  Notwithstanding the old adage that “he (or she) who represents him or herself has a —- for a client”, according to the Order, he attacked another lawyer who the judge “had practiced before courts across Ohio with calming superior legal skills, cogent writing and impeccable integrity.”

Be careful out there.

As always, if you have any questions about this Ethics Alert or may need assistance, analysis, and guidance regarding ethics, risk management, or other issues, 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, defense 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.

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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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Ohio lawyer suspended for 1 year for engaging in “extreme, obnoxious, and humiliating attacks” on paralegal for over 2 years is reinstated to practice

Hello everyone and welcome to this Ethics Alert which will discuss the recent Ohio Supreme Court reinstating a lawyer who was suspended for 1 year for “extreme, obnoxious, and humiliating attacks” on a paralegal lasting over 2 years. The case is Disciplinary Counsel v. Skolnick, No. 2018-OHIO-2990. The 8/1/18 suspension opinion is here: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2018/2018-Ohio-2990.pdf and the 3/11/19 reinstatement Order is here: https://supremecourt.ohio.gov/rod/docs/pdf/0/2019/2019-ohio-821.pdf

The August 1, 2018 Ohio Supreme Court opinion suspending the lawyer described the lawyer’s conduct as follows: “(d)uring (the paralegal’s) two-and a-half year tenure, Skolnick berated her for her physical appearance, dress, education, and parenting skills. He called her a bitch, a ‘hoe’, a dirtbag, and a piece of shit, and he told her that he hoped she would die. And because (the paralegal) recorded her interactions with Skolnick on more than 30 occasions, we have had the opportunity to hear Skolnick’s outbursts for ourselves.”

“In addition, the lawyer ‘called (the paralegal) stupid, dumb, fat, ‘whorey,’ and bitch.’ Further, he remarked that she should give him ‘road head’ during a drive and falsely told an African American client that the paralegal “did not like black people.”

“The only explanation that Skolnick offered for his extreme, obnoxious, and humiliating attacks on L.D. was that he had learned the lingo from rappers and hip-hop artists while practicing entertainment law and that he believed he was using the phrases in more of a humorous than a harmful way.” In addition, “(a)lthough (the lawyer) presented some evidence that he had been diagnosed with and was being treated for cyclothymic disorder and exhibited traits of obsessive-compulsive personality disorder, the board declined to afford mitigating effect to those conditions because Skolnick did not present any evidence that they were causally related to his misconduct.”

The opinion found that the lawyer violated Ohio Rule of Professional Conduct 8.4(h), prohibiting a lawyer from “engaging in conduct that adversely reflects on the lawyer’s fitness to practice law” and suspended the lawyer for one (1) year with the final 6 months deferred; however, on March 11, 2019, the Ohio Supreme Court reinstated the lawyer. “On application for reinstatement by respondent, Howard Evan Skolnick, Attorney Registration No. 0061905, last known business address in Cleveland, Ohio. Application granted. Howard Evan Skolnick reinstated to the practice of law in Ohio.”

Bottom line: this lawyer engaged in extreme, obnoxious, and humiliating attacks” on his paralegal and tried to minimize and justify his conduct by claiming that he learned the “lingo” from “rappers and hip-hop artists” and was being treated for psychiatric disorders. The court imposed a 1 year suspension with the final 6 months deferred on August 1, 2018 and he was reinstated on March 11, 2019, approximately 7 months later.

Be careful out there.

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
http://www.jac-law.com

Joseph Corsmeier
about.me/corsmeierethicsblogs

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Florida Bar obtains emergency suspension of lawyer for “waging a personal and public war on social media”

Hello everyone and welcome to this Ethics Alert which will discuss the recent emergency suspension of a Florida lawyer for allegedly “waging a personal and public war on social media against attorneys representing clients” and “resort(ing) to terrorist legal tactics.”  The case is: The Florida Bar v. Ashley Ann Krapacs, Case No.: SC-277 Lower Tribunal No(s) 2018-50,829 (17I)FES; 2018-50,851(17I);2019-50,081(17I) and The Florida Bar’s Petition for Emergency Suspension is here: https://efactssc-public.flcourts.org/casedocuments/2019/277/2019-277_petition_72430_petition2dsuspension2028emergency29.pdf

According to the Petition, the lawyer “launched an attack of massive and continuous proportions” on social media and “(c)learly, respondent’s fury has no bounds.” The lawyer’s alleged “terrorist legal tactics” began after she moved to Florida and initiating a petition for a domestic violence injunction against a former boyfriend in Texas and lawyer Russell Williams represented the ex-boyfriend.  The lawyer dismissed the case; however, she then allegedly “began a social media blitz” on Facebook, Instagram, LinkedIn and YouTube.

The lawyer allegedly called  Williams an “old white male attorney” and a “bully attorney” who had threatened to file a motion for sanctions against her if she did not dismiss the case.  She also stated that “opposing counsel flat-out LIED” and the judge ‘didn’t bat an eye.’”.  She also allegedly used the hashtag #holymisogyny on social media when talking about the case and accused the judge of membership in the “Old Boys Club.”

The lawyer also allegedly continued the misconduct in a YouTube video posted after Williams hired lawyer Nisha Bacchus to represent him and filed a lawsuit against the lawyer for Libel, Slander, Malicious Prosecution and Injunctive Relief.  In the video, the lawyer allegedly called Williams “a moron and a sexist and a bully” and said Bacchus was “a backstabbing traitor” for representing “misogynist pigs, misogynist bullies.”  “Also, she’s a door lawyer. Which is basically a lawyer who takes anything that walks in the door in any area of law.  Because you can’t do every area of law and do them all well. You just can’t. Some people try and they end up like Nisha Bacchus who are so hard up that they’ll take anything, including shit like this. So I almost feel bad for her because he’s playing her. It is really obvious from the way that she presents herself that she’ll take anything if the price is right. Or even if it’s not.”  The lawyer also used hashtags #sellout and #womanhater for Bacchus.

The Petition states that the lawyer made multiple posts on Facebook “accusing The Florida Bar of being corruptly influenced by Nisha Bacchus. Bacchus requested a domestic violence injunction against the lawyer after she posted a Home Alone meme showing a shotgun pointed at an individual and added the caption “when opposing counsel tries to use the same exact trick you saw in your last case.”  According to the Petition, “(o)n February 1, 2019, Judge Moon granted an indefinite Final Judgment of Injunction for Protection Against Stalking against (the lawyer) as a result of her actions toward Nisha Bacchus”

The Florida Supreme Court granted the emergency petition in an Order dated February 27, 2019 with 2 of the court’s seven justices dissenting and stating that they would not grant it.  The February 27, 2019 Supreme Court Order suspending the lawyer on an emergency basis is here:  https://efactssc-public.flcourts.org/casedocuments/2019/277/2019-277_disposition_145483_d31i.pdf.  A referee will be appointed.

Bottom line:  This Petition is highly unusual and there may be a question as to whether such conduct constitutes “great public harm” under the Florida bar Rule.  It will certainly be interesting to see how this drama plays out.

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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New Jersey lawyer censured for stating to nonpaying client that he would not prepare for trial and to “HAVE FUN IN PRISON”

Hello everyone and welcome to this Ethics Alert which will discuss the recent New Jersey Supreme Court Order imposing a a censure on a lawyer who told a client who was behind on payment of fees that he would not prepare for his criminal trial and to “have fun in prison”.  The case style is: In the Matter of Logan M. Terry, No. DRB 17-417 (November 1, 2018).  the Order and New Jersey Disciplinary Review Board’s Decision are here:  http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1105750  and here: http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1098836.

According to the Disciplinary Review Board’s decision, the attorney represented a client facing criminal charges of sexual assault on four minors and:

In the days immediately prior to a jury trial scheduled for June 7, 2016, respondent communicated with his client in an attempt to collect outstanding fees, informing AM that respondent could not “provide an adequate defense” unless AM ……… paid respondent’s legal fees. Furthermore, in a text message, respondent warned AM that he would not prepare for the trial during the weekend immediately preceding it, unless he was first paid. He then wrote, “HAVE FUN IN PRISON.” The maximum sentence that AM could have received exceeded 200 years.

The lawyer had previously asked the judge to allow him to withdraw twice and the judge refused to allow the withdrawal.  At the beginning of the June 7, 2016 trial (after the jury had been picked), the client told the trial judge about the lawyer’s communications, showed the judge copies of the communications, and stated that he wanted to terminate the lawyer’s legal services.  The lawyer was then removed and the trial was continued.

The New Jersey disciplinary agency opened an investigation on the lawyer and, in a letter to the agency, the lawyer admitted that his actions had been unethical and stated that the client had not cooperated in preparing a defense to the charges and had refused a plea offer that the lawyer considered to be favorable.

The Disciplinary Review Board found that the lawyer’s actions constituted a conflict of interest because he “placed his own personal interest in receiving a legal fee above his client’s interest in receiving the best possible defense to the charges against him.”  The Board also found that the lawyer’s text was prejudicial to the administration of justice because the judge was required to release the jury and reschedule the trial.

The decision found as an aggravating factor that the trial had been previously rescheduled because the lawyer had failed to pay the annual fee to the New Jersey Lawyers’ Fund for Client Protection.  According to the decision:  “(t)o be sure, (the lawyer) was in a difficult position, having been required to continue representing an uncooperative, nonpaying client in a criminal matter. Nevertheless, (the lawyer’s) reaction to that predicament was one of defiance—to subvert the court’s directive by ‘poisoning’ the representation on the eve of trial.”

The New Jersey Supreme Court upheld the Board’s findings and imposed a censure and required the lawyer to pay the costs of the disciplinary proceeding.

Bottom line:  This lawyer clearly became frustrated with the client’s lack of cooperation and failure to pay his fee; however, the lawyer’s communications were obviously improper and he was fortunate to receive only a censure for his conduct.

Be careful out there, and don’t do this…

Disclaimer:  this Ethics Alert 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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