Category Archives: Lawyer sanctions

Pennsylvania lawyer disbarred after practicing law for 17 years while under administrative suspension

Hello everyone and welcome to this Ethics Alert, which will discuss a recent disbarment of a lawyer who continued to practice law for 17 years while suspended for failing to pay the annual registration fee.  The case is Office of Disciplinary Counsel v. Jason Michael Purcell, No. 2651 Disciplinary Docket 3, No. DB 2018 and the October 31, 2019 Pennsylvania Supreme Court Order disbarring the lawyer with the detailed Report and Recommendations of the Pennsylvania Disciplinary Board dated September 4, 2019 is here:  http://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/142DB2018-Purcell.pdf

According to the Disciplinary Board Report, the lawyer was suspended on December 1, 2002, for failing to pay his annual attorney registration fee; however, he continued to claim that he was a practicing attorney through social media.  He claimed on LinkedIn that he had “15-plus years of diverse legal experience” and that he was licensed to practice in California, Maryland, New York, Pennsylvania and the District of Columbia.

The lawyer also falsely claimed that he held several jobs in the legal field, including working as in-house counsel and an associate broker for a private boutique real estate firm in New York from 2012 to 2017.  The Report also found that the lawyer had appeared as counsel in a drunken driving case and custody matter in 2005, worked as counsel of record in a drug case, and helped prepare a petition to recanvass voting machines in 2006.

The lawyer also represented an individual in an abuse protection matter in 2018 and told the judge in that matter that he had been reinstated; however, he never provided any documents showing that he had been reinstated.

According to the Report: “During his lengthy period of administrative suspension, respondent engaged in serious professional misconduct by continuing to hold himself out to the public as an active member of the Pennsylvania Bar and representing clients in at least five legal matters in the Commonwealth of Pennsylvania.”

The lawyer was also convicted of driving under the influence of alcohol twice and he was charged with a third DUI in 2006; however, he failed to appear in the case.

The lawyer failed to respond to the disciplinary charges and did not appear at the disciplinary hearing.  The Supreme Court adopted the findings in the Board report and disbarred the lawyer.

Bottom line:  It is very surprising, to say the least, that this lawyer was able to practice for 17 years while under suspension for failing to pay his annual attorney registration fee.  It is somewhat more surprising that the lawyer did not address and pay the registration fee and request reinstatement.  Finally, it is surprising that the lawyer failed to participate in the disciplinary proceedings; however, this may be at least partially explained by the fact that he was convicted of driving under the influence of alcohol twice and was charged with a third DUI in 2006, but failed to appear.

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.

2999 Alt. 19, Suite A

Palm Harbor, Florida

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Please note:  My office has moved and the new office address is 2999 Alt. 19, Palm Harbor, FL 34683.  All other contact information remains the same.

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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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 who passed $11.00 in cash to her jailed boyfriend faces six month stayed suspension

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Ohio Board of Professional Conduct report which recommends that an Ohio lawyer be suspended for six (6) months for passing $11.00 in cash under the table to her incarcerated boyfriend.  The case is Cincinnati Bar Association v. Virginia Maria Riggs-Horton, Case No. 2018-1757.  The link with the report and other documents in the case is here:  http://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2018/1757

The lawyer was convicted of the misdemeanor of promoting (passing) contraband and was given a suspended jail sentence. She then self-reported to the Cincinnati, Ohio, and Kentucky Bar Associations.

The Ohio Supreme Court Board of Professional Conduct recommended the stayed suspension after the lawyer admitted that she passed the money to her boyfriend at a Kentucky detention center in August 2017 after he asked for cash for vending machines. The detention center rules prohibited money from being provided to prisoners without first being given to guards.  The lawyer stated that she was unaware of the prohibition.

The Ohio Supreme Court initially rejected the six month stayed suspension and remanded the case for a formal hearing.  A formal hearing was held before a Board panel on April 25, 2019, which again recommended the six month stayed suspension with conditions.  According to the report, the lawyer had no prior discipline and displayed a cooperative attitude in ethics proceedings. She also had a good reputation in the community.  The Ohio Board of Professional Conduct than adopted that recommendation in its report, which was filed with the Ohio Supreme Court on June 14, 2019.

Bottom line:  This lawyer passed $11.00 to her boyfriend under the table while visiting him in the jail, which was a violation of the jail rules and constituted the illegal passing of contraband.  The lawyer was then prosecuted and plead guilty to a misdemeanor and self-reported.  This was a very unfortunate learning experience for the lawyer.

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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