Tag Archives: Florida Bar discipline

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

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

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

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

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

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

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

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

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

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

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Florida lawyer suspended for hijacking former firm’s e-mail accounts and making disparaging comments on Facebook

Hello everyone and welcome to this Ethics Alert which will discuss recent Florida Supreme Court Order suspending a lawyer for, inter alia, hijacking his former firm’s e-mail accounts and making disparaging comments on Facebook.  The Supreme Court Order is here:  9/20/18 Florida Supreme Court Order-Paul Green

According to the report of referee, which is here:  8/20/18 Green Report of Referee, the lawyer was alleged to have retaliated against his former law firm after he was terminated by hijacking the firm’s e-mail account, posting false and disparaging comments on Facebook about the lawyer who fired him, and communicating inappropriately with a client.

The referee’s report states that the lawyer was fired from his law firm after he used the firm credit card for personal matters, took unauthorized draws from the firm, missed work and took vacations without discussing them with the owner of the firm, made political comments on the firm’s Facebook page, and wrote a derogatory text message about his wife’s lawyer during his divorce. The lawyer’s text said: “Tell Dana Price I hope she dies of dirty Jew AIDS.”

After being terminated, the lawyer changed the password to his former firm’s e-mail accounts and, when the firm turned off the lawyer’s telephones, he agreed to restore the e-mail access only if the firm turned his telephones back on.  After this occurred, however, the lawyer again blocked the firm’s access to e-mail and directed the e-mails to himself.

The lawyer also posted to the law firm’s Facebook page falsely claiming that the firm owner had been “Baker Acted”, a reference to the Florida law related involuntary commitments when a person has a mental condition which poses a danger to that person or to others. The lawyer’s Facebook post also said the letters sent by the former law firm to firm clients that the firm’s e-mails were hacked were untrue.

According to the referee’s report:

“On or about September 5, 2017, Respondent posted the following on Parker & Green, P.A.’s Facebook page:

If you’re wondering what’s going on…Patricia Parker was Baker Acted last Saturday. She has sent letters to all of you clients saying everything was hacked. It wasn’t but please be careful if you decide to go with the law office of Patricia L. Parker. Nothing was hacked but she is trying to get off her suicidal thoughts and is convincing clients she is ok. Don’t worry, my email still works and I am working with the Florida Bar to make sure she gets the help she needs. If you are a client, do not pay a bill until the Florida Bar decides what they will be doing with Ms. Parker. Any correspondence by Alix Diaz who has hacked email accounts owned by Mr. Green, should also be taken with a degree of skepticism. She’s been off her meds for a few months and things have finally taken their toll. I think her impending divorce to her husband for infidelity is part of the problem. If you’re trying to reach Mr. Green, he can still be reached at pgreen@itspersonaljax.com as he owns the domain and website.”

“A short time later in a second post on the firm’s page, Respondent stated:

Everyone should make sure their loved ones don’t need any mental help. Please check. If your brother, sister, father, mother, or business partner threaten to commit suicide … please get them help, before they hurt someone, themselves, or a trusted client. Luckily, Mr. Green doesn’t have that problem. pgreen@itspersonaljax.com.”

The lawyer told the false Baker Act story to a firm client he saw at Everbank Field in Jacksonville. He also said that the other lawyer in the firm had violated ethics rules and that he would finish the client’s case for free if she would make a statement about the other lawyer. He also told the client he would like to get together for drinks to discuss the case.  The lawyer sent numerous texts to the client; however, she did not respond and she subsequently filed a Florida Bar complaint against the lawyer. After the client filed her Bar complaint, the lawyer approached her while she was working as a bartender, slammed his hand down on the bar and said, “Good luck with that complaint.”

The referee recommended a 60 day suspension, a requirement that the lawyer contact Florida Lawyers Assistance, Inc. (FLA, Inc.) within 30 days for an evaluation and comply with all requirements of the evaluation, including an FLA, Inc. contract if one is recommended, and payment of the Bar and FLA costs.  The Florida Supreme Court Order adopted the findings of the referee and suspended the lawyer for 60 days with the recommended conditions.

Bottom line: This is a lawyer who engaged in improper conduct while with a law firm and then apparently went out of control after being terminated, including posting disparaging comments on social media.  The Court has suspended the lawyer for 60 days and required that he undergo an evaluation through FLA, Inc. and, if recommended, to comply with any and all treatment requirements in an FLA contract.

Be careful out there.

Disclaimer:  this Ethics Alert is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

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

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

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Florida lawyer suspended for 18 months for engaging in personal misconduct while acting pro se as a party in a dissolution proceeding

Hello everyone and welcome to this Ethics Alert which will discuss a Florida Supreme Court opinion wherein the Court imposed an 18 month suspension on a lawyer who engaged in misconduct while representing himself as a party in a dissolution and child support proceeding.  The case is The Florida Bar v. Madsen Marcellus, Jr., No. SC16-1773 and the July 19, 2018 Supreme Court opinion is here:  http://www.floridasupremecourt.org/decisions/2018/sc16-1773.pdf

According to the opinion, a 2010 Order in the dissolution matter required the lawyer to refinance the marital home, remove his ex-wife’s name from the property since he had moved out, or sell the home. Before the closing of a pending sale and the ex-wife had vacated, the lawyer moved back in and the sale fell through.

The lawyer was then unable to refinance the house and, in an attempt to obtain a modification of the mortgage, a friend of the lawyer who was a notary signed the ex-wife’s name on the application in front of the lawyer and notarized it without the ex-wife’s knowledge or consent.

The ex-wife became aware of false notarization after the lawyer failed to make payments under the modified mortgage and she was served as part of a foreclosure filing.  The ex-wife then filed a motion for contempt since her name had not been removed from the house title as ordered. The trial judge withheld a contempt finding, but did order the lawyer to pay $2,500.00 the ex-wife’s fees.

The lawyer was served with discovery requests in the dissolution matter in 2013 related to his alleged failure to pay child support.  He failed to respond and also failed to appear in court when he was ordered to do so by the judge.  The lawyer was later sanctioned and ordered to pay the ex-wife’s fees.  He also remained in violation of several family court orders throughout the disciplinary matter.

The referee rejected the lawyer’s claim he missed some court appearances because he was representing clients, and noted that he made no attempt to advise the court of any conflicts. The referee also found the lawyer was deceptive in the disciplinary process.

The opinion upheld the referee’s factual findings and the findings that the lawyer violated various Bar rules in his actions related to his dissolution and child support matters but increased the referee’s recommended discipline from a 12-month suspension to an 18-month suspension.

The opinion referred to various previous Bar cases where lawyers had committed less serious Bar rule violations and received one-year suspensions.  The opinion also stated, as it has in previous Bar discipline opinions, that “the Court has ‘moved toward imposing stronger sanctions for unethical and unprofessional conduct.’ Fla. Bar v. Rosenberg, 169 So. 3d 1155, 1162 (Fla. 2015).”

In addition, “(the lawyer’s) conduct was entirely unbecoming of a lawyer, who is held within a position of trust and respect in our society, and cannot be tolerated,” the court said in its opinion. “Although [the attorney] committed this misconduct as a party to his own divorce, lawyers ‘do not cast aside the oath they take as an attorney or their professional responsibilities’ just because they are litigants in personal matters. Fla. Bar v. Cibula, 725 So. 2d 360, 365 (Fla. 1998).”

Bottom line:  This case involves a lawyer who engaged in personal ethical misconduct as a party to a personal dissolution matter.  The Supreme Court opinion points out that the Court has “moved toward imposing stronger sanctions for unethical and unprofessional conduct” and lawyers “do not cast aside the oath they take as an attorney….just because they are litigants in personal matters.”  Lawyers must comply with the Florida Bar rules, even while acting as a party in a personal civil matter.

Be careful out there.

Disclaimer:  this Ethics Alert is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

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

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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Referee recommends that former Florida judge who accepted Tampa Bay Rays tickets be suspended for 90 days and placed on probation

Hello everyone and welcome to this Ethics Alert which will discuss the recent Report of Referee which recommends that former Lee County Judge John Lakin, who was alleged to have improperly accepted tickets to Tampa Bay Rays baseball games, be suspended from practice for 90 days and be placed on probation for one year.  The case is The Florida Bar v. John Francis Lakin, SC17-542.  The June 25, 2018 Report of the Referee is here: https://www.documentcloud.org/documents/4564632-Referee-Report-Lakin.html

The Judicial Qualification Commission charged the judge with misconduct in 2016 alleging, inter alia, that he had requested and received Tampa Bay Rays tickets from a law firm in 2015 while presiding over a pending case in which the law firm represented one of the parties.  A jury ruled in favor of opposing party; however, the judge subsequently reversed that verdict in favor of the law firm’s client.  Five of the tickets that the judge received were given to him the day before he reversed the jury verdict.  The judge denied that the receipt of the tickets influenced his actions and later retired from the bench and went into private practice.

The Florida Bar filed a Complaint in March 2017 alleging that the lawyer violated Bar Rules related to dishonesty, deceitfulness, misrepresentation and/or fraud.  The referee assigned to hear the Bar matter recommended that the former judge’s law license be suspended for 90 days, and that he be placed on supervised probation one year, complete the Bar’s practice and professionalism enhancement program, “speak to new judges” about the circumstances, and pay the Bar’s costs of $5,244.00.

Under the Florida Bar rules, the referee’s report will now be reviewed by the Florida Supreme Court, which will render a final disciplinary opinion.  The judge and The Florida Bar can file a petition with the Court to review the findings and file briefs.

Bottom line:  This former judge accepted tickets from lawyers who were representing a party before him on a pending case and, soon after receiving the tickets, made a ruling which favored that law firm’s clients.   Even if the tickets did not influence the judge’s decision, the circumstances would certainly seem to create an appearance of impropriety and an arguable violation of the Judicial Canons.  The referee has now recommended that the judge be found guilty of Florida Bar Rule violations and suspended from practicing law for 90 days.  The Florida Supreme Court will now decide whether the referee’s findings will be upheld.

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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Florida lawyer disbarred for soliciting and having sex with 2 clients while they were incarcerated in jail

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court opinion disbarring a lawyer who had solicited and sex with 2 clients in they were incarcerated in jail.  The case is The Florida Bar v. Blackburn, No. SC17-1514 and the opinion is here: http://www.floridasupremecourt.org/decisions/2018/sc17-1514.pdf

The Florida Bar’s complaint alleged that the lawyer visited the 2 female clients in jail in Duval County on September 3, 2016.  He deposited money in one client’s bank account to pay for the sex and promised another client free or discounted legal services in exchange for sex.  The lawyer was arrested and pled no contest to a misdemeanor battery charge in the underlying criminal matter on May 25, 2017.

According to media reports, the lawyer showed the clients pornographic images before having sexual contact with them.  One of the clients said then made sexual advances towards her by touching her and forcing her to touch him.  Jail employees became suspicious when they noticed that the lights were out in the room. Criminal investigators also obtained a recorded telephone call that one of the clients made to her friend from the jail explaining what happened.

The Florida Bar and the lawyer entered into a consent agreement for an 18 month suspension with the conditions that the lawyer attend the Florida Bar’s Ethics School, contact Florida Lawyers Assistance, Inc. (FLA, Inc.) to schedule an evaluation and abide by all recommendations made by FLA, Inc., and pay the Bar’s costs of $1,688.51 before he could be reinstated.  The referee approved the agreement; however, the Court, in a unanimous opinion, disbarred the lawyer.  The lawyer had previously been suspended for 30 days in December 2014 for minor misconduct related to his handling of a child custody case.

The May 24, 2018 opinion states:

“Furthermore, the Court has moved toward imposing harsher sanctions, see Florida Bar v. Herman, 8 So. 3d 1100, 1108 (Fla. 2009), and has stated that it ‘will strictly enforce the rule against lawyers engaging in sexual conduct with a client that exploits the lawyer-client relationship.’ Fla. Bar v. Bryant, 813 So. 2d 38, 44 (Fla. 2002); see Fla. Bar v. Samaha, 557 So. 2d 1349, 1350 (Fla. 1990) (‘Even the slightest hint of sexual coercion or intimidation directed at a client must be avoided at all costs.’).

“In summary, evidenced by this Court’s case law, under no circumstances should an attorney representing a client expose that client to unwanted sexual relations of any kind. Respondent’s conduct, which exploited his clients’ circumstances for his own personal benefit, ‘breeds contempt and distrust of lawyers,’ ‘demonstrates severe moral turpitude,’ and such actions ‘are wholly inconsistent with approved professional standards.’ McHenry, 605 So. 2d at 461.”

Bottom line:  This lawyer engaged in highly improper and criminal conduct and consented to an 18 month suspension; however, the Florida Supreme Court disagreed with that agreement and imposed disbarment.

Be careful out there.

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding ethics, risk management, or other issues, please do not hesitate to contact me.

My law firm focuses on review, analysis, and interpretation of the Rules Regulating The Florida Bar, advice and representation of lawyers in Bar disciplinary matters, advice and representation of applicants for admission to The Florida Bar before the Board of Bar Examiners, defense of all Florida licensed professionals in discipline and admission matters before all state agencies and boards, expert ethics opinions, and practice management for lawyers and law firms.  If there is a lawyer or other Florida professional license involved, I can defend the complaint or help you get your license. 

If you have any questions or comments, please call me at (727) 799-1688 or e-mail me at jcorsmeier@jac-law.com.  You can find my law firm on the web at www.jac-law.com. In addition to handling individual cases, matters, problems and issues for my clients, I also am on retainer to provide ethics advice to numerous lawyers and law firms throughout the state of Florida.  I also provide legal assistance and advice to numerous individuals and non-legal entities to help insure compliance with the law and rules related to UPL and other issues.

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Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

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

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

 

 

 

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