Category Archives: Lawyer lack of diligence

Florida lawyer permanently disbarred for, inter alia, soliciting and making misrepresentations on website and representing clients in other states

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent Florida Supreme Court Order approving the Report of Referee and permanently disbarring a Florida lawyer for soliciting over the internet and representing clients in states in which she was not admitted, lack of diligence and communication, making false statements, and failing to respond to the allegations.  The case is: The Florida Bar v. Alma C. Defillo, Case No. SC15-593 (August 28, 2015).  The Order is here: http://www.floridabar.org/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/4C69AF1FB7B03A1285257EB4000922AC/$FILE/_27.PDF.

According to the Report of Referee, which is attached, The Florida Bar filed a 6 count Complaint against the lawyer and a Request for Admissions on March 31, 2015.  The lawyer failed to respond and the referee entered a default and “the matters pled in the Bar’s Complaint became the substantive facts in this case by operation of law.”

“(R)espondent, despite being only a member of The Florida Bar, also maintained offices in North and South Carolina given her immigration practice. As a result of respondent’s significant misconduct in South Carolina (detailed below), the South Carolina Supreme Court permanently debarred respondent in that state. In order to protect the interests of respondent’s South Carolina clients, the South Carolina Supreme Court appointed a Receiver. The Florida Bar was able to track down some of respondent’s files and has been cooperating with the Receiver to provide the files of respondent’s South Carolina clients that are in the Bar’s possession.”

The Report states that the lawyer represented various clients who were residents of North Carolina and South Carolina in immigration/INS matters.  The clients complained that the lawyer failed to communicate with them, lacked diligence, and did not perform any services on their behalf.  In addition, according to the Report:

On November 1, 2013, the Office of Disciplinary Counsel (“ODC”) of the Supreme Court of South Carolina charged respondent with violations of their Rules.

Although respondent is not admitted in South Carolina, she maintained a law office, advertised, and offered legal services there.

The ODC charged respondent with writing to state judicial officers regarding her South Carolina clients’ criminal cases in violation of Rules 7.1 and 7.5(a)&(d) South Carolina Rules of Professional Conduct (“SCRPC”) and Rule 407 South Carolina Appellate Court Rules (“CSACR”).

Respondent’s letterhead and advertisements also failed to clarify that she was not admitted in South Carolina in violation of  Rules 5.5(b)(2), 7.1, and 7.5(a)&(b) SCRPC.

Similarly respondent’s website, available to residents of South Carolina and referencing her office in Greenville, contained misrepresentations and omitted facts necessary to make the contents considered as a whole not materially misleading in violation of Rule 7.1(a) SCRPC by failing to state that she was not admitted in South Carolina.

Additionally, respondent’s website advertised her experience in both criminal and family matters and offered to “analyze the facts of [her prospective client’s] cases by applying current … State Laws” in violation of Rules 5.5(b)(2) and 7.1(a) SCRPC.

Respondent’s website misleadingly referred to “lawyers” and “attorneys” when in fact, respondent was a sole practitioner in violation of Rules 7.1(a) and 7.5(d) SCRPC.

Respondent’s website compared her services to other lawyers in a way that could not be factually substantiated in violation of Rule 7.1(c) SCRPC.

Respondent’s website used “specialist” and “expert” in violation of Rule 7.4(b) SCRPC despite not being certified by the Supreme Court of South Carolina.

Respondent’s business cards and other print advertisements, regarding her Greenville office, failed to disclose that respondent was not admitted in South Carolina in violation of Rules 5.5(b)(2) and 7.1(a) SCRPC.

Respondent’s radio advertisements, disseminated in South Carolina, failed to disclose that respondent was not admitted in South Carolina in violation of Rules 5.5(b)(2) and 7.1(a) SCRPC.

Respondent, despite initially cooperating with the investigation in South Carolina, then failed to respond in violation of Rule 8.1(b) SCRPC.

Based on respondent’s failure to respond, the ODC noticed respondent for an interview. Respondent failed to appear in violation of 8.1(b) SCRPC.

In respondent’s initial response to ODC, she misrepresented that her practice was limited to immigration law and that she had not communicated otherwise in any way in violation of Rule 7(a) Rules for Lawyer Disciplinary Enforcement (“RLDE”).

By virtue of the foregoing respondent also violated Rules 7(a)(1)&(3) RLDE and Rules 407 & 413 SCACR by violating or attempting to violate the Rules of Professional Conduct and failing to respond to a lawful demand from a disciplinary authority.

On July 29, 2014, based on the charges filed by ODC, the Supreme Court of South Carolina entered its Order permanently debarring respondent from seeking any form of admission to practice in South Carolina and from advertising or soliciting business in South Carolina without first seeking leave of that Court. The Court also ordered that respondent complete the South Carolina Bar’s Legal Ethics and Practice Program Ethics School and Advertising Workshop before asking leave of the Court to practice or advertise.

The Report further states:  “Respondent is currently serving a one-year suspension in SC14-1419, TFB File Nos. 2012-00,321(4B) and 2013-00,832(4B). Additionally, Respondent was recently held in contempt for her failure to respond to the two initial grievances herein and was therefore also suspended indefinitely in SC15-293, TFB File No. 2015-00,468(4B).”

After considering aggravating and mitigating circumstances, case law, and the Florida Standards for Lawyer Sanctions, the referee recommended permanent disbarment and payment of the Bar’s costs.  The lawyer did not request review of the recommendation and the Supreme Court adopted the Report of Referee and permanently disbarred the lawyer.  The Supreme Court approved the Report of Referee and permanently disbarred the lawyer.

The lawyer was also permanently barred from practicing law in South Carolina in 2014 and my blog on that case here: https://jcorsmeier.wordpress.com/2014/08/18/south-carolina-supreme-court-prohibits-another-florida-lawyer-from-practicing-law-who-solicited-over-the-internet-made-misrepresentations-and-represented-clients/

Bottom line: This lawyer was advertising for clients in immigration matters on the internet and made misrepresentations regarding the scope and location of her practice.  The lawyer also was negligent, failed to communicate with clients, and failed to perform services.  This shows how the internet can be misused by a lawyer to obtain clients in other states in which the lawyer is not admitted to practice.

Let’s be careful out there!

Disclaimer:  this Ethics Alert is not an advertisement and does not contain any legal advice 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, dishonesty, Florida Bar, joe corsmeier, Joseph Corsmeier, Lawyer advertising rules, Lawyer disbarment, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer lack of communication with client, Lawyer lack of diligence, Lawyer misrepresentation, Lawyer permanent disbarment, Lawyer sanctions, Lawyer sanctions for unlicensed practice of law, Lawyer unlicensed practice of law, Unauthorized practice of law

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

 

 

 

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Illinois Hearing Review Board Report recommends 3 year suspension for lawyer who allegedly took $95,000.00 from his retired secretary

Hello everyone and welcome to this Ethics Alert which will discuss the recent Illinois Hearing Review Board Report which recommended a 3 year suspension for a lawyer who allegedly who allegedly took $95,000.00 from his retired secretary for his own personal use. The disciplinary matter is In re: Charles William Helmig, Commission No. 2013PR00019 (Ill. 11/25/14). The Report and Recommendation is here: http://www.iardc.org/HB_RB_Disp_Html.asp?id=11553.

According to the Report and Recommendation, the secretary worked for the lawyer from 1964 until 1984 when she retired. She never married and had few close relatives. In 2005, the former secretary was at least 83 years old and had been hospitalized. Eventually both of her legs were amputated, her condition deteriorated, and by 2009 she was not mentally competent. From 2005 until her death in March 2013, the secretary was either in the hospital or a nursing home.

While she was in the hospital in 2005, the former secretary asked the lawyer to prepare a Power of Attorney for Healthcare and a Power of Attorney for Property for her. There was a stipulation that the secretary was competent when she signed the documents; however, the lawyer testified he was concerned about her abilities at that time and he read and explained the documents to her before she signed them.

The lawyer then began to manage the former secretary’s business affairs and collected her assets and sold her home. The lawyer admitted that he charged the secretary over $27,000.00 in “legal fees” from 2005 through 2013. He also admitted that, beginning in 2009 and through 2012, the secretary was not mentally competent and was unable to recognize him. During that time, the lawyer took over $95,000.00 from the secretary’s assets and used the funds for his own personal and business expenses. He admitted that he did not ask have the secretary’s permission to take the money (nor did he ask for it) and that she was not competent to give her consent.

The lawyer also failed to timely pay the nursing home where the former secretary was living, which resulted in the nursing home involuntarily transferring her. In addition, acting as the secretary’s lawyer, he failed to appear at a status conference and failed to comply with an agreed order entered in the matter.

The lawyer stated that he was in a “very bad financial condition” when he took the money and that he had defaulted on loans of more than $1.2 million dollars and had federal tax liens for several hundred thousand dollars. The lawyer claimed the $95,000.00 were loans and provided, for the first time at his sworn statement, a series of promissory notes that the Hearing Board did not believe were executed at the time of the “loans”.

According to the Report and Recommendation, “(a) lesser sanction than disbarment was appropriate. While the lawyer’s conduct could support a sanction of disbarment, we agree with the Hearing Board’s recommendation that the lawyer’s misconduct warrants a three year suspension. However, we recommend that the suspension continue until further order of the Court. The lawyer’s failure to fully understand the impropriety of his acts, as evidenced by his continued insistence that the takings were loans and his poor financial condition, support the necessity of a future assessment before he resumes the practice of law.”

Bottom line: The Report and Recommendation found that this lawyer took over $95,000.00 from his retired secretary and paid his own personal and business expenses without her permission when she was not competent to give her consent. He also apparently provided fabricated promissory notes at his sworn statement to justify his actions. He failed to pay the nursing home which resulted in her involuntary transfer, failed to appear at a hearing on her behalf, and failed to comply with an agreed Order. Under these facts, it is very surprising that the discipline recommendation was not disbarment. The disciplinary matter and this Board’s recommendation will now be reviewed by the Illinois Supreme Court. We will see what that court decides.

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
http://www.jac-law.com

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Pennsylvania lawyer receives 2 year stayed suspension for neglecting cases and paying sanctions with firm funds without telling firm or client

Hello everyone and welcome to this Ethics Alert which will discuss the recent Pennsylvania Supreme Court opinion which imposed an agreed 2 year stayed suspension with probation for a lawyer who neglected client cases over two years, had monetary sanctions imposed on him and paid the sanctions out of firm operating funds without telling his partner or the client, and deceiving client by claiming that his billings were for legal services and not sanctions. The disciplinary opinion is Office of Disciplinary Counsel v. Christopher Roulhac Booth, Jr., No. 106 DB 2013 (Pa. SC 11/13/14) and the opinion and disciplinary board report are online here: http://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/106DB2013-Booth.pdf

According to the opinion and consent agreement, the lawyer neglected cases for over 2 years, had $65,000.00 in monetary sanctions imposed on him and paid the sanctions out of firm accounts without telling his partner or the client. The lawyer had concealed his conduct from his partner and the client, Wachovia Bank. After Wachovia learned of the defaults and sanctions they terminated the firm and hired other counsel.

The lawyer also took additional funds from the law firm’s operating account. According to the consent agreement “(d)uring his tenure with (the law firm), Respondent dispersed, or caused to be dispersed, monies from the firm’s operating account in an amount in excess of $117,000, which disbursements he concealed from the firm and which were in excess of the fees and profits of the partnership to which he would have been entitled under the partnership agreement. Respondent has repaid the firm the amount of $40,000 and has arranged for the repayment of the remainder of the funds by relinquishing fees that were due to Respondent.”

The consent agreement states: “the instant matter does not involve the misappropriation of client funds; rather it involves the ‘misdirection’ of operating funds and subsequent misrepresentation to Respondent’s partner of the true purpose of the use of the operating funds, which was to satisfy sanctions orders resulting from Respondent’s neglect. Furthermore, Respondent attempted to deceive the client, Wachovia, into believing that Respondent’s billings were for services rendered rather than for services and sanctions.”

The consent agreement stated as mitigation that the lawyer had self-reported the misconduct and suffers from depression and in aggravation, that the lawyer had served as a member of a Pennsylvania disciplinary hearing committee.

Bottom line: This lawyer was found to have neglected cases over 2 years, had monetary sanctions imposed upon him and paid the $65,000.00 in sanctions out of his law firm’s operating account without telling his partner or the client and making false statements to the client, and improperly taking an additional $117,000.00 from the firm’s operating account. In other states, including Florida, this lawyer may or would have received a much more severe sanction, including potentially disbarment.

Disclaimer: this e-mail does not contain any legal advice 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
http://www.jac-law.com

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New Jersey lawyer receives three month suspension for “sarcastic and sophomoric” e-mails and statements to opposing counsel and false statements to judge

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent New Jersey Supreme Court opinion which suspended a lawyer for 3 months for making outrageous sarcastic and sophomoric statements and e-mails to opposing counsel and making false statements to a judge. The disciplinary opinion is: In the Matter of Jared E. Stolz, Docket No. DRB 13-331 (September 4, 2014) and the opinion is here: http://www.judiciary.state.nj.us/drb/decisions/Stolz_13_331.pdf

According to the opinion, the lawyer admitted making the inappropriate comments in e-mails and a fax, but claimed that his misstatements to the judge were due to his busy schedule which included vacations to the Dominican Republic and Ireland, where he played golf with his father. The Bar Complaint referred to and quoted e-mails and a facsimile that the lawyer sent to opposing counsel in 2009 and 2010 as follows:

“Don’t feel you have to email me daily and let me know just how smart you are.”

“Did you get beat up in school a lot? Because you whine like a little girl.”

“Why don’t you grow a pair?”

“This will acknowledge receipt of your numerous Emails, faxes and letters…. In response thereto, Bla Bla Bla Bla Bla Bla.”

The Bar Complaint also alleged that, after a motion hearing December 2010, the lawyer and opposing counsel had physical contact. Opposing counsel told the lawyer not to touch him and the lawyer replied: “Why would I want to touch a fag like you?”

At a hearing on the disciplinary matter, the lawyer apologized for the statements and e-mails to opposing counsel. “It was not considerate…I have no explanation. I should be disciplined for it.” He called the statements “inexcusable, undignified and “venomous”; however, he denied that he lied to a judge when he said he never received certifications supporting a requested court order. He acknowledged at the hearing that he had received the certifications but said he had not seen them at the time that he made the misstatement because he was frequently out of the office during the period in question and he had to respond to 10 to 15 motions in one day.

According to the lawyer’s testimony:

“I neglected my files, I played too much golf, I went to Punta Cana with my family all within two months. Was it wrong? I don’t know. This is the lifestyle that I’ve chosen, the practice I’ve chosen because I worked at Methfessel & Werbel for 15 years in a cubical [sic] rising to managing director. I didn’t want that anymore. I want to play golf. I do insurance work. I missed it. I screwed up. I had no motivation to lie to the judge about this particular thing.”

“Should I have done things differently? Absolutely. Did I learn a lesson about this? Absolutely. After this, and I got that I now have hired two other attorneys, they review things, I review everything that comes in. Am I going to get lazy again and play more golf? I hope so. But I certainly did not intentionally lie.”

The NJ District Ethics Committee reviewed the matter and found that the lawyer did not make any intentional misrepresentations but that he may have been sloppy and recommended an admonition. The Review Board recommended a three-month suspension. The New Jersey Supreme Court agreed with the Review Board and suspended the lawyer for three months.

According to the opinion: “The sarcastic and sophomoric comments made in the emails and fax set forth in count one demonstrated a failure to treat (opposing counsel) with ‘courtesy and consideration.’” “The wildly inappropriate – indeed, discriminatory – comments (calling opposing counsel a ‘fag’) … also demonstrated a lack of courtesy and consideration.” “Although it may be true, as the DEC observed, that respondent had no reason to lie about the non-receipt of the certifications, his actions were so contrary to what a reasonable attorney would have done, if confronted with the same situation, that his story cannot be believed.”

Bottom line: Lawyers beware: If you are going to “get lazy and play golf”, try to avoid being negligent, making “misstatements” to a judge, making excuses, and making “sophomoric and sarcastic” statements to opposing counsel, especially if you have been practicing for almost 24 years.

Let’s be careful out there.

Disclaimer: this Ethics Alert is not an advertisement and does not contain any legal advice 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
http://www.jac-law.com

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, deceit, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer false testimony, Lawyer lack of diligence, Lawyer Professionalism, Lawyer sanctions