Category Archives: Lawyer wilful failure to comply with court order

Zealous representation or lawyer misconduct? Where does the Florida Supreme Court draw the line?

Hello everyone and welcome to this Ethics Alert will discuss the lawyer’s duty to competently and zealously represent a client and the Florida Supreme Court decisions addressing when a lawyer’s conduct may cross the line and constitute misconduct and violate the Florida Bar Rules.  Lawyers understand that they should zealously represent clients and, while that understanding is correct, the Supreme Court of Florida has repeatedly stated that lawyers must act professionally and ethically during the course of the representation, both in and out of the courtroom.

The Florida Bar Rules do not use the word “zealous”; however, the Preamble to Chapter 4 of the Bar Rules states, in part, as follows:

As a representative of clients, a lawyer performs various functions.  As an adviser, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications.  As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system.  As a negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others.  As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others… A lawyer’s responsibilities as a representative of clients, an officer of the legal system, and a public citizen are usually harmonious.  Zealous advocacy is not inconsistent with justice (emphasis supplied).

The Supreme Court of Florida has addressed zealous advocacy/ethical misconduct in multiple opinions through the years and has addressed when zealous conduct is a violation the Florida Bar Rules.  The following cases are a sample of those opinions and the evolution of the Court’s position on the issue.

In The Florida Bar v. Martocci, 791 So.2d 1074 (Fla. 2001), the Court reprimanded and imposed a two year probation on a lawyer who engaged in unprofessional and abusive conduct and for unethical comments and behavior toward opposing counsel, the opposing party, and the opposing party’s family during depositions, in court, and outside the courtroom during breaks in the proceedings.  The attorney was representing the husband in a bitter divorce, child custody, and child dependency matter.  As a condition of the probation, the attorney was required to be evaluated by Florida Lawyers Assistance, Inc. for possible anger management skills training or mental health assistance or both.

In The Florida Bar v. Morgan, 938 So.2d 496 (Fla.2006), the Court suspended an attorney for ninety-one days for courtroom misconduct. The attorney had been publicly reprimanded and suspended for ten days on two prior occasions. The attorney refused to acknowledge the wrongful nature of his conduct but the referee found (and the Supreme Court adopted) the mitigating factor of good character and reputation, including the provision of pro bono legal services, serving as a role model for an assistant state attorney, and being held in high esteem as an excellent and passionate advocate by two judges and an attorney.

In The Florida Bar v. Abramson, 3 So.3d 964 (Fla. 2009), the attorney was found to have been repeatedly disrespectful and rude to the trial judge at a hearing and was suspended for ninety-one days.  The Supreme Court opinion stated that:

“Abramson’s misconduct was egregious. He was disrespectful and confrontational with the presiding judge in an ongoing courtroom proceeding in the presence of the pool of prospective jurors in a criminal case. Regardless of any perceived provocation by the judge, Abramson responded inappropriately by engaging in a protracted challenge to the court’s authority. His ethical alternative, if he believed the trial court had erred, was by writ or appeal. He has also been publicly reprimanded twice before for serious misconduct.  See also The Florida Bar v. Wasserman, 675 So.2d 103 (Fla. 1996) (two six-month consecutive suspensions on an attorney in his fifth discipline case before the Court where the attorney had an angry outburst in court after an unfavorable ruling and expressed contempt for the court, stated in the hallway outside the courtroom that he would counsel his client to disobey the court’s ruling, and used profane language over the telephone to a judge’s judicial assistant);  The Florida Bar v. Price, 632 So.2d 69 (Fla.1994) (ninety-one day suspension for appearing in court under the influence of alcohol and behaving in a hostile, abrasive, and belligerent; reinstatement conditioned on ability to show that satisfactorily completion of an evaluation and course of treatment for substance abuse approved by the Bar.”

In The Florida Bar v. Norkin, 132 So.3d 77 (Fla. 2013), the lawyer was suspended for two (2) years and required to appear before the Florida Supreme Court for a public reprimand.  The Court’s opinion detailed numerous instances of misconduct by the lawyer, including engaging in “tirades and antagonistic behavior” in exchanges with judges and other attorneys.  The opinion noted that it is “profoundly concerned with the lack of civility and professionalism demonstrated by some Bar members. The Court has repeatedly ruled that unprofessional behavior is unacceptable.  (citations omitted).”  The lawyer appeared before the Court for the reprimand in February 2014, which was read by then Chief Justice Ricky Polston, and smirked during the proceeding.  The opinion is here:  Florida SC Norkin 2013

In The Florida Bar v. Norkin, 183 So. 3d 1018 (Fla. 2015), The Florida Bar filed a petition for contempt and a complaint alleging that Norkin had failed to comply with the Court’s (and Bar Rule’s) requirement that he notify clients of his suspension and provide an affidavit confirming same and that the lawyer “had engaged in the practice of law after the effective date of the suspension by sending an e-mail to opposing counsel in a case pending in the circuit court questioning a hearing date and discussing the results of the hearing and the legal sufficiency of the motion addressed, and by preparing a pleading for his former client, which the client filed in the circuit court case.”  He also sent disparaging e-mails to Bar Counsel and admitted during the underlying Bar proceedings that he had smirked during the public reprimand before the Court.

The referee granted summary judgment in favor of the Bar and recommended disbarment.  In an unanimous opinion dated October 8, 2015 (which is here Florida SC Norkin 10/8/15, the Court permanently disbarred the lawyer and stated:

“As found by the referee in his report, 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.”  At 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. We have disciplined attorneys for similar conduct as a violation of rule 4-8.4(d), including Norkin himself. See Norkin, 132 So. 3d at 86; Fla. Bar v. Martocci, 791 So. 2d 1074, 1075, 1078 (Fla. 2001) (finding that making insulting facial gestures at opposing counsel, making sexist comments, and disparaging opposing counsel violated rule 4-8.4(d)); Fla. Bar v. Buckle, 771 So. 2d 1131, 1132 (Fla. 2000) (finding that humiliating and intimidating letter, sent by attorney to alleged victim of his client, violated rule 4-8.4(d)). Accordingly, we approve the referee’s recommendation.

Here, disbarment is amply supported. As noted by the Bar, the Court has not hesitated to disbar attorneys who continue to practice law after being suspended. See Fla. Bar v. Lobasz, 64 So. 3d 1167, 1173 (Fla. 2011) (disbarring attorney for practicing law while suspended, even where attorney suffered from posttraumatic stress disorder, anxiety, and depression); Fla. Bar v. D’Ambrosio, 25 So. 3d 1209, 1220 (Fla. 2009) (disbarring suspended attorney who held himself out as eligible to practice law by sending letters on firm letterhead subsequent to suspension); Fla. Bar v. Forrester, 916 So. 2d 647, 654-55 (Fla. 2005) (disbarring attorney for practicing law while suspended); Fla. Bar v. Heptner, 887 So. 2d 1036, 1045 (Fla. 2004) (disbarring attorney for multitude of violations, but noting that disbarment would be appropriate solely on basis of continuing to practice law after being suspended); Fla. Bar v. Rood, 678 So. 2d 1277, 1278 (Fla. 1996) (disbarring attorney for practicing while suspended); Fla. Bar v. Greene, 589 So. 2d 281 (Fla. 1991). Moreover, 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. Such misconduct cannot and will not be tolerated as it sullies the dignity of judicial proceedings and debases the constitutional republic we serve. We conclude that Norkin is not amenable to rehabilitation, and as argued by the Bar, is deserving of permanent disbarment. See Fla. Bar v. Behm, 41 So. 3d 136, 139-40 (Fla. 2010) (stating that persistent course of unrepentant misconduct warrants permanent disbarment); Fla. Bar v. Carlson, 183 So. 2d 541 (Fla. 1966) (stating that permanent disbarment is warranted where conduct of respondent indicates he is beyond redemption).”

Bottom line:  While Norkin may be an extreme case, lawyers must be on notice that the Supreme Court of Florida has become far less tolerant of rude, belligerent, and disrespectful behavior, regardless of whether it is couched in terms of “zealous advocacy” on behalf of a client.

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 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.

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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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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Kentucky lawyer permanently disbarred after pleading guilty to felony “flagrant non-support” for failing to pay over $200,000.00 in child support

Hello everyone and welcome to this Ethics Alert blog which will discuss a recent Kentucky Supreme Court opinion disbarring a lawyer after the lawyer pled guilty to felony “flagrant non-support for failing to pay over $200,000.00 in child support. The case is Kentucky Bar Association v. Daniel Warren James, Case No. 2014-SC-000499-KB (Ky. SC February 19, 2015) and the opinion is here: http://opinions.kycourts.net/sc/2014-SC-000499-KB.pdf.

According to the opinion, the lawyer pled guilty in 2012 to a felony charge of “flagrant non-support”, received 5 years in prison with probation for 10 years and was ordered to pay $233,000.00 in restitution. On February 8, 2013, after the plea was entered, the Kentucky Bar Association Inquiry Commission filed a complaint against the lawyer and he failed to respond.

On March 11, 2014, the Commission filed formal charges against the lawyer. Count I alleged misconduct for committing a criminal act reflecting adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer and Count II alleged misconduct for knowingly failing to respond to the February 8, 2013 complaint. The lawyer again failed to respond and was defaulted.

The lawyer had previously been suspended for five years for a multiple acts of misconduct, including not returning unearned fees, misappropriating client money for personal use, and altering billing statements. The lawyer admitted that misconduct and claimed that it was a result of the discontinuation of medication that he was taking for a mental health condition. As a condition of that suspension, the lawyer agreed to seek treatment through Kentucky Lawyer Assistance Program (KYLAP) and to continue treatment as needed during the suspension period.

On August 21, 2014, the Kentucky Board of Governors filed its Findings of Fact, Conclusions of Law and Recommendations with the Supreme Court and unanimously recommended that the lawyer be found guilty and that he be permanently disbarred. In aggravation, the Board noted the $233,000.00 child support arrearage that the lawyer had failed to pay over a thirteen year period, his prior discipline, most of which involved the misuse of client funds, and his failure to respond to his clients and the Bar.

The Supreme Court opinion noted that a lawyer in Kentucky had never been disciplined for criminally failing to pay child support; however, it found that the conduct violated the lawyer’s duty “’to conduct (his) personal and professional life in such manner as to be above reproach’. Grigsby v. Kentucky Bar Ass’n, 181 S.W.3d 40, 42 (Ky. 2005). ‘Failing to pay court ordered child support encompasses several breaches, including: failure to satisfy the statutory obligation of supporting one’s child; failure to follow a court order; and violation of the attorney’s duty recognized in Grigsby.’” The lawyer was permanently disbarred.

Bottom line: This sole practitioner apparently had serious mental health issues which destroyed his practice and resulted in his permanent disbarment. All lawyers, especially solos, must address the extreme stress involved in the practice of law and be fully aware of the consequences of personal and professional misconduct (including willful or “flagrant” failure to pay child support) that may be triggered due to the stress of practice (and life) and seek medical help.

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.
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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Florida Supreme Court rejects recommended 90 day suspension and imposes 1 year suspension for lawyer’s misconduct in immigration and malpractice matters

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent opinion of the Supreme Court of Florida which rejected a referee’s recommended 90-day suspension as too lenient and imposed a one (1) year suspension for the lawyer’s serious misconduct in an immigration matter and in a subsequent malpractice suit.  The opinion is The Florida Bar v. Whitney, No. SC11-1135.  The opinion is at: http://www.floridasupremecourt.org/decisions/2013/sc11-1135.pdf 

According to the opinion, the referee found the following facts:  the client (Dr. Hill) hired the lawyer on January 19, 2004 to provide immigration and legal advice.  At the initial meeting, the lawyer was told that a Ms. de Oliveira (who was at the meeting) was a native of Brazil and was in the United States illegally for the third time and that she had received a letter from the United States Department of Justice banning her from the country for twenty years because of her two previous illegal entries. The lawyer was also told that the client intended to marry Ms. de Oliveira, but that they were not engaged and the client had only known her since November 2003 when she moved into his house.  Based upon the meeting, a fee agreement was prepared and executed with a flat fee of $15,000.00 and a $5,000.00 deposit for future costs.

The fee agreement provided that the lawyer would represent Ms. de Oliveira (not the client) “in regard to all matters pertaining to her immigration status” and that the lawyer’s obligations under the contract would terminate “upon decision of the Office of the Attorney General granting or denying permission for (Ms. de Oliveira) to reenter the United States.”  The client provided the lawyer with two checks, one dated January 26, 2004, in the amount of $10,000.00, and the other dated February 6, 2004, in the amount of $9,365.00 and also paid for an airline ticket for the lawyer to travel to Brazil.  The lawyer deposited both checks into his personal checking account and used the funds “to pay his personal bills because respondent was experiencing financial problems at the time.”

The lawyer traveled to Brazil twice in early 2004 to allegedly research the requirements for the client and Ms. de Oliveira to marry in Brazil; however, the referee found that this information was easily obtained without leaving the country. The lawyer claimed that one of the trips to Brazil was to obtain information on rental properties for Ms. de Oliveira and to verify her Brazilian documents.  Since the location that the lawyer found was in an area other than where Ms. de Oliveira lived in Brazil, the referee found that that the trip was for a purpose other than for the client’s case.  In September 2004, the lawyer took Ms. de Oliveira’s Brazilian passport, which she advised was a falsified document, and other original Brazilian documents. The referee found that the lawyer “took no further meaningful action with respect to Ms. de Oliveira’s immigration matter.”

The client contacted the lawyer in late 2004 or early 2005 after he had not received any communication since hiring him in January 2004.  The lawyer said that he had not initiated the process to have Ms. de Oliveira remain in the United States or to reenter legally so that they could be married in the United States, that Ms. de Oliveira needed to marry the client in Brazil, and that he would only proceed further after the client paid an additional fee of between $40,000.00 and $60,000.00.  The client then fired the lawyer and demanded a full refund of the fees and costs that he had paid and the return of Ms. de Oliveira’s documents.  The lawyer refused and stated that he had earned the fees and costs.  Ms. de Oliveira sent the lawyer a letter dated February 22, 2005 demanding the return of her original documents and the lawyer then complied with that request and Ms. de Oliveira returned to Brazil in or around April 2005.  The referee found that the lawyer failed to provide an accounting to the client upon his request and failed to timely return Ms. de Oliveira’s documents.

The client filed a civil lawsuit against the lawyer in July 2005 alleging breach of contract, legal malpractice, and unjust enrichment.  The lawyer failed to appear for his properly noticed December 21, 2005 deposition and never contacted opposing counsel or filed a notice of unavailability.  The lawyer also did not produce any documents in the request for production dated September 20, 2005, and which were ordered to be produced by December 19, 2005.  He did not produce any documents until January 4, 2006 and never produced all of the documents.

A hearing was held on the client’s second motion to compel on January 18, 2006 and the lawyer was admonished by the court and advised to fully cooperate with discovery.  At the lawyer’s deposition on January 27, 2006, the lawyer arrived with a client file containing documents that he had not previously produced pursuant to the request for production.  The lawyer produced the documents with redactions without making an objection or stating that a redaction had been made.  The lawyer also failed to produce credit card statements or receipts responding to the client’s first set of interrogatories that the circuit court had ordered him to produce. 

The referee found that “(the lawyer) engaged in a course of conduct (in the malpractice litigation) where he was uncooperative in coordinating the scheduling of hearings”, that he testified falsely and deceptively about advertising and the name of his law firm at his deposition.  He also testified falsely that the only pending litigation in which he was involved was a lawsuit against him by U.B. Vehicle Leasing, Inc. related to a dispute as to the mileage of a car even though a mortgage foreclosure action had been filed against him on November 1, 2004 and was pending at the time of the deposition.  The lawyer further falsely testified that the mortgage on his home had not been in foreclosure.  The referee found the lawyer’s failure to reveal the existence of the foreclosure action “particularly relevant to (the lawyer’s) lawsuit given (the lawyer’s) sworn deposition testimony on January 27, 2006, that he deposited the fees and costs the client paid him into his personal checking account and used the funds to pay, among other things, the mortgage on his home.

The trial court in the malpractice action entered an order granting a motion for sanctions and entry of default judgment on May 30, 2006, striking the lawyer’s defenses and awarding attorney’s fees and costs to the client.  The court also found that “(the lawyer) had ‘willfully failed and refused to comply with previous order (sic) of this Court, failed and refused to participate in pretrial discovery and provided falsified documents’ in the case.”  The trial court entered a final judgment against the lawyer on October 4, 2007, including a principal amount of  $20,000.00, which the lawyer paid to the client.  The lawyer appealed to the Fifth District Court of Appeal, which upheld the final judgment but remanded for a determination of the correct amount of attorney’s fees.  A Second Amended Final Judgment was entered on June 15, 2011 and, as of the date of the referee’s report, the lawyer had not paid any of the additional $24,246.00 in attorney’s fees, expert fees, and taxable costs awarded to the client.

The opinion concluded that the lawyer had “accepted a substantial fee from his client but did not perform notable work in furtherance of that representation. He also misused his client’s funds by twice traveling to Brazil, once for no apparent case-related reason and once as unnecessary to obtaining the information sought.  While the immigration issue may have been complicated, Respondent did not communicate that issue to Dr. Hill and Ms. de Oliveira.  Next, with respect to the malpractice action, Respondent failed to produce documents, did not appear for his first noticed deposition, and offered frivolous responses to the interrogatories.  Respondent has not paid the portion of the judgment awarding attorney’s fees and costs in the malpractice action, and continues to refer to his conduct as negligent.  Based upon the facts in this case and established case law, we find the referee’s recommended sanction of a ninety-day suspension unsupported and instead impose a one-year suspension.”

Bottom line:  This appears to be a somewhat blatant case of a lawyer taking advantage of a client, misusing client funds, and abusing the judicial system.  Based on the facts found by the referee as described in the opinion (and adopted by the court), it is surprising that the court did not impose a more severe sanction. 

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, EsquireLaw Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 3375

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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