Category Archives: Lawyer sanctions for unlicensed practice of law

Ohio Supreme Court permanently disbars lawyer who was videotaped in court practicing law while indefinitely suspended

Hello and welcome to this Ethics Alert blog which will discuss another recent Ohio Supreme Court opinion disbarring a lawyer who was caught on video representing a client in court 3 times, beginning less than three months after his license was indefinitely suspended.  The case is Cleveland Metro. Bar Assn. v. Pryatel, Slip Opinion No. 2016-Ohio-865. (March 9, 2016).  The disciplinary opinion is here: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-865.pdf and the link to the oral argument in the case is here: http://www.ohiochannel.org/video/case-no-2015-1005-cleveland-metropolitan-bar-association-v-mark-r-pryatel.

According to the opinion, the lawyer was indefinitely suspended in April 2013 for multiple violations of lawyer disciplinary rules, including misappropriating a client’s settlement funds, making false statements to a court, charging an illegal or clearly excessive fee, and neglecting a client matter.  The lawyer was subsequently recorded on video and audio tapes representing a client (Richard Brazell) in court on three separate occasions in June and July 2013.

The lawyer first attended a probation violation hearing and stood with the client, admitting the probation violation on the client’s behalf, and speaking for the client.  The client’s girlfriend and stepfather testified before the professional conduct board that they paid the lawyer $450.00 for the representation (for both the lawyer’s previous representation and for future representation) and that the lawyer did not inform them that his license was suspended.

Two days after the probation hearing, the lawyer appeared with the client a second time on unrelated charges in another court.  An audio recording of the client’s arraignment indicated the lawyer spoke on the client’s behalf.  He told the magistrate that he was not the client’s attorney and the client was representing himself as the two worked out their business relationship. The magistrate told the board that the lawyer did not indicate that his license was suspended.

About a month later, the lawyer attended a hearing with the client a third time, answered questions on his behalf, and entered a plea to a violation of probation for the client before the judge.  The prosecutor and judge in that case both told the board that they believed that the lawyer was representing the client.  The judge became suspicious and asked his assistant to research the lawyer and found out that he was suspended.

When confronted with the allegations that he had represented the client in a deposition in the Bar matter, the lawyer denied under oath that he appeared with the client at the probation violation hearing or municipal court proceedings, and claimed that he told the client’s family that his license was suspended and that he was not paid for his legal work.  The opinion stated:  “All of these statements (by the lawyer) were later contradicted by testimonial, video, audio, and documentary evidence presented at the disciplinary hearing.”

The board found the following aggravating circumstances: prior disciplinary offenses, a dishonest or selfish motive, a pattern of misconduct, multiple offenses, a lack of cooperation in the disciplinary process, the submission of false statements during the disciplinary process, and a refusal to acknowledge the wrongful nature of the conduct.  Although the board acknowledged that the lawyer had been involved with the Ohio Lawyers Assistance Program, it found no mitigating factors.

The lawyer objected to the board’s finding that he practiced law while suspended and argued that his actions in the second appearance did not constitute the “practice of law” since he did not advocate for the client, cross-examine any witnesses, cite legal authority, or handle any legal documents.  The opinion rejected that argument and cited Cleveland Bar Assn. v. Comp Management, Inc., a 2006 case stating that the practice of law is not limited to advocacy or filing of legal documents, but also includes representation before a court, preparation of legal documents, management of client actions, all advice related to law, and all actions connected with the law taken on a client’s behalf.  “Here, the evidence demonstrated that the lawyer accompanied the client to the court, stood with him before the bench, spoke on his behalf, waived his legal rights as a criminal defendant, and entered a plea for him.  Under any definition, the lawyer’s appearance on behalf of the client constituted the practice of law.”

The lawyer claimed that he had been “sandbagged” by the bar association which investigated the Bar matter because the case against him did not originally contain the video of his appearance at the probation hearing. The bar association later supplemented its case with the video, and the lawyer had more than two weeks to review it before his disciplinary hearing. The opinion found that the lawyer did not provide any explanation to support the allegation that the introduction of the video prevented him from adequately defending himself against the charges.

The lawyer argued that he should not be disbarred because his actions involved a single client who benefited from his assistance and that he helped the client for “sympathetic and altruistic reasons.”  He also argued that he cooperated during the disciplinary process and had a history of providing quality legal services to indigent clients, and other lawyers charged with the same misconduct were not disbarred.  His lawyer argued at the oral argument that he had psychological and/or other issues and was participating in Ohio’s lawyer assistance program, and that the indefinite suspension should be again imposed.

The majority of the justices disagreed and permanently disbarred the lawyer stating:  “Less than three months after our order forbidding Pryatel to appear on behalf of another before any court, he represented a client in three court proceedings. As the board found, his actions defy logic and reason, especially his insistence that his conduct at those hearings did not constitute the practice of law.”  Three justices dissented, stating that the indefinite suspension should be continued.

Bottom line: This lawyer had the apparent audacity to represent a client on 3 different occasions and in 2 separate cases beginning less than 3 months after he was indefinitely suspended from the practice of law for, among other things, misappropriating a client’s settlement funds, making false statements to a court, charging an illegal or clearly excessive fee, and neglecting a client matter.  As the opinion states: “(the lawyer’s) actions defy logic and reason, especially his insistence that his conduct at those hearings did not constitute the practice of law.”

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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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

South Carolina Supreme Court bans Florida lawyer from practicing law who solicited over the internet and represented clients in that state

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent opinion of the South Carolina Supreme Court which prohibited a Florida lawyer not admitted in that state from admission to practice for soliciting business over the internet and representing clients in that state and failing to respond to the allegations. The opinion is: In the Matter of Charles William Berger, Case No. 27377 (April 9, 2014) and the opinion is at: http://www.judicial.state.sc.us/opinions/HTMLFiles/SC/27377.pdf.

According to the opinion, the South Carolina Office of Disciplinary Counsel (ODC) filed formal charges against the lawyer in May 2013 alleging that, inter alia, he solicited clients in South Carolina through the “Internet” and represented clients in two separate foreclosure matters in South Carolina. The lawyer did not respond to the charges and was deemed to have admitted the factual allegations.

Following an evidentiary hearing in which the lawyer did not appear, a disciplinary hearing panel issued a report recommending that the lawyer: 1) be prohibited from seeking any form of admission in South Carolina for five years; 2) reimburse all fees and costs paid by the South Carolina clients harmed by his misconduct within thirty (30) days of the date of discipline; and 3) be required to pay the costs of the proceedings within thirty (30) days of the date of discipline. The lawyer did not file any exceptions to the report. The opinion stated:

“We find respondent’s misconduct particularly egregious. Although not admitted to practice law in South Carolina, respondent nevertheless engaged in the practice of law in this state. He represented clients in South Carolina. He or his firm provided advice to clients and prepared and filed pleadings, some of which were frivolous, on behalf of his clients. Although he prepared and filed motions, respondent neglected to attend the motion hearings. Moreover, respondent charged and collected unreasonable fees from clients for the minimal work he did perform and then continued to collect fees from clients even after his representation ceased. When disciplinary charges were filed against him, respondent ignored the matter by failing to respond, participate in the investigative process, or appear for the hearing.

If respondent were admitted to practice law in South Carolina, his conduct would warrant disbarment. Since he is not admitted in South Carolina, we find it appropriate to permanently debar him from seeking any form of admission to practice law in this state (including pro hac vice admission) without first obtaining an order from this Court allowing him to seek admission. We further order respondent to fully reimburse all fees and costs paid by the clients in this matter and to pay the costs incurred in the investigation and prosecution of this matter by ODC and the Commission within thirty (30) days of the date of this opinion. Should he wish to seek admission in the future, the burden of proof shall be on respondent to establish by clear and convincing evidence that he is of sufficient character and fitness. Under no circumstances shall respondent be eligible to seek admission until he has fully reimbursed his clients for all fees and costs paid in this matter and paid the costs of this proceeding. (emphasis supplied)

Bottom line: Through the magic of the “Internet”, this lawyer was able to obtain and represent clients in foreclosure matters in South Carolina, even though he was not admitted in that state and it appears that he won’t be practicing law in that state anytime in the near future. Multijurisdictional practice has certainly not evolved to include this type of practice and it will be interesting to see if Florida takes any disciplinary action against him.

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 joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions, Lawyer sanctions for unlicensed practice of law, Lawyer unlicensed practice of law, Unauthorized practice of law