Tag Archives: Lawyer disbarment

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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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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Louisiana Supreme Court disbars former Assistant U.S. Attorney for making anonymous improper internet comments

Hello everyone and welcome to this Ethics Alert which will discuss the recent Louisiana Supreme Court disciplinary opinion which disbarred a former Assistant U.S. Attorney for making numerous anonymous improper and inflammatory comments on the internet related to pending criminal cases.  The disciplinary case is: Supreme Court of Louisiana v. In Re: Salvador R. Perricone, NO. 2018-B-1233 (12/5/18) and the link to the case is here:  https://www.ladb.org/DR/Default.aspx?DocID=9113&TAB=SC

According to the opinion, the underlying facts in the case were mostly undisputed.  The lawyer began employment as an Assistant United States Attorney with the U.S. Attorney’s Office for the Eastern District of Louisiana in 1991. At all times relevant to these proceedings, the lawyer was a Senior Litigation Counsel and the USAO’s training officer.

During the time period of the allegations in the Complaint, The New Orleans Times-Picayune newspaper maintained an Internet website called nola.com which permitted readers to post comments to news stories using pseudonyms and anonymous identities.

Beginning in November 2007 through March 14, 2012, the lawyer posted numerous comments on various subjects on nola.com, including statements about pending criminal cases to which he and other prosecutors were assigned. “Of the more than 2,600 comments respondent posted, between one hundred and two hundred – less than one percent – related to matters being prosecuted by (the U.S. Attorney’s Office). None of the comments identified respondent by name or as an employee of the USAO. Rather, respondent posted on nola.com using at least five online identities: ‘campstblue’, ‘legacyusa’, ‘dramatis personae’, “Henry L. Mencken1951’, and ‘fed up.’”

The anonymous comments included, inter alia, statements such as:

“Heebe’s (the defendant) goose is cooked.”

“I read the indictment…there is no legitimate reason for this type of behavior in such a short period of time and for a limited purpose. GUILTY!!!”

“Looks like Fazzio got a lemon. That book you refer to Mr. Rioux is about all of his losses. The guy is a clown and Fazzio is going down.”

The allegations were reported to the presiding judge who found the lawyer’s conduct improper and reversed the criminal convictions against the defendants and ordered a new trial.  The judge also found that the lawyer “viewed posting of highly-opinionated comments as a ‘public service.”  A disciplinary complaint was opened against the lawyer and, after disciplinary proceedings were completed, the Louisiana Disciplinary Board recommended that the lawyer be found guilty of the Bar Rule violations and disbarred.

The Louisiana Supreme Court opinion rejected post-traumatic stress as mitigation and stated that “the focus of the inquiry in the instant case is on the second factor – namely, whether respondent’s PTSD caused the misconduct at issue. Based on our review of the record, we find no clear and convincing support for the conclusion that respondent’s mental condition may have caused his misconduct.”  After reviewing aggravating and mitigating factors and case law, the opinion further stated:

“In this age of social media, it is important for all attorneys to bear in mind that “[t]he vigorous advocacy we demand of the legal profession is accepted because it takes place under the neutral, dispassionate control of the judicial system.” Gentile v. State Bar of Nevada, 501 U.S. 1030, 1058 (1991). As the Court in Gentile wisely explained, “[a] profession which takes just pride in these traditions may consider them disserved if lawyers use their skills and insight to make untested allegations in the press instead of in the courtroom.” Id. Respondent’s conscious decision to vent his anger by posting caustic, extrajudicial comments about pending cases strikes at the heart of the neutral dispassionate control which is the foundation of our system. Our decision today must send a strong message to respondent and to all the members of the bar that a lawyer’s ethical obligations are not diminished by the mask of anonymity provided by the Internet.

In summary, considering respondent’s position of public trust as a prosecutor, his knowing and intentional decision to post these comments despite his acknowledgment that it was improper to do so, and the serious harm respondent’s conduct has caused both to individual litigants and to the legal profession as a whole, we must conclude he has failed to comply with the high ethical standards we require of lawyers who are granted the privilege to practice law in this state. The only appropriate sanction under these facts is disbarment.”

Bottom line:  This is another disciplinary case involving a criminal prosecutor improperly using the internet, this time it is a federal prosecutor who made biased and inflammatory comments.  The Louisiana Supreme Court (and other courts) have made it very clear that it will not tolerate lawyers, especially those in a position of “public trust”, who anonymously (or otherwise) make biased, improper, and inflammatory comments on the internet.

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, defense 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.

You are receiving this ETHICS ALERT since you are a current or former client or you have requested that this Update be sent to you.  Please note that you may opt in or out of receiving this ETHICS ALERT any time.  If you would like to discontinue receipt of this ETHICS ALERT or if you would like to begin receiving it, simply send me an e-mail to me advising of your request.

If there are others at your firm who would like to be included on the distribution list, please feel free to forward this update to them or let us know in an email.  If you would like to forward this Ethics Alert to any person or entity please feel free do so as long as it is not for personal gain and you forward the entire email, including all contact information and disclaimers. 

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.

You are receiving this ETHICS ALERT since you are a current or former client or you have requested that this Update be sent to you.  Please note that you may opt in or out of receiving this ETHICS ALERT any time.  If you would like to discontinue receipt of this ETHICS ALERT or if you would like to begin receiving it, simply send me an e-mail to me advising of your request.

If there are others at your firm who would like to be included on the distribution list, please feel free to forward this update to them or let us know in an email.  If you would like to forward this Ethics Alert to any person or entity please feel free do so as long as it is not for personal gain and you forward the entire email, including all contact information and disclaimers. 

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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Filed under Attorney discipline, Attorney Ethics, Florida Bar, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sex with client, Lawyer sex with client in jail, Lawyer soliciting sex with client in jail

Florida lawyer is disbarred for “egregious misconduct” and a pattern of disruptive and “obnoxious” behavior

Hello everyone and welcome to this Ethics Alert which will discuss the recent disbarment of a lawyer in south Florida attorney for, inter alia, engaging in “escalating misconduct,” including loudly kicking a table and muttering “lie, lie, lie” during court proceedings.  The case is The Florida Bar v. Robert Joseph Ratiner, No. SC13-539 (Florida Supreme Court 2/22/18), and the opinion is here:  http://www.floridasupremecourt.org/decisions/2018/sc13-539.pdf

The lawyer was admitted in 1990 and was disciplined in 2007 after engaging in a rant against opposing counsel for DuPont during a deposition.  He represented some orchid growers who had alleged that DuPont’s fungicide called Benlate had killed their plants.  DuPont’s lawyer attempted to put an exhibit sticker on the lawyer’s laptop.  He then attempted to run around the table toward the other lawyer and yelled at him which, according to the referee’s report, caused the court reporter to state “I can’t work like this!”  That conduct resulted in a 60 day suspension and probation.

The lawyer was then involved in a document review session with DuPont in 2009 and, according to the referee’s report, he loudly called DuPont’s lawyer a “dominatrix,” with “no substantial purpose other than to embarrass” her. He later tried to forcibly take papers from another DuPont lawyer after she told him, “Don’t grab (me) ever again.” That conduct resulted in a three year suspension.

The most recent complaint against the lawyer was related to his conduct in Miami-Dade Circuit Court proceedings that began in late 2011.  The presiding judge stated that she heard the lawyer state “lie, lie, lie” while a DuPont lawyer was conducting a direct examination of his law partner; however, he denied making the comment.  The judge also terminated a hearing because the lawyer was kicking his table so loudly that it was disrupted the proceedings.

The assigned referee conducted hearings and The Florida Bar argued that the lawyer should be disbarred. The referee recommended a three year suspension to begin at the end of the lawyer’s current three year suspension.  In its opinion, the Florida Supreme Court found that the lawyer’s cumulative and egregious misconduct required disbarment.  According to the opinion:

“Disbarment is an extreme form of discipline and is reserved for the most egregious misconduct. See Fla. Bar v. Summers, 728 So. 2d 739, 742 (Fla. 1999); see also Fla. Bar v. Kassier, 711 So. 2d 515, 517 (Fla. 1998) (holding that disbarment is an extreme sanction that should be imposed only in those rare cases where rehabilitation is highly improbable).  Ratiner’s intentional and egregious misconduct continues to demonstrate an attitude that is wholly inconsistent with professional standards, and there is no indication that he is willing to follow the professional ethics of the legal profession. As we observed in (The Florida Bar v.) Norkin,

One can be professional and aggressive without being obnoxious.

Attorneys should focus on the substance of their cases, treating judges

and opposing counsel with civility, rather than trying to prevail by

being insolent toward judges and purposefully offensive toward

opposing counsel. This Court has been discussing professionalism

and civility for years. We do not tolerate unprofessional and

discourteous behavior. We do not take any pleasure in sanctioning

[Respondent], but if we are to have an honored and respected

profession, we are required to hold ourselves to a higher standard.

132 So. 3d at 92-93.

Thus, based upon the foregoing discussion, the Court is left with but one course of action, and that is to disbar Ratiner.”

Bottom line:  This lawyer clearly failed to get the message.  The Supreme Court also did not accept his claims of innocence.  As a result, he was disbarred.

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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