воскресенье, 24 октября 2010 г.

Florida Disciplines 18 Attorneys

TALLAHASSEE, FLA—The Florida Supreme Court in recent court orders disciplined 18 attorneys, disbarring six and suspending eight. Some attorneys received more than one form of discipline. Four attorneys were publicly reprimanded and one was placed on probation. One attorney was also ordered to pay restitution.

As an official agency of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 88,000-plus lawyers admitted to practice law in Florida.

Since Aug. 1, 2007, case files have been posted to attorneys’ individual Florida Bar profiles and may be reviewed at and/or downloaded from The Florida Bar’s website, www.floridabar.org .

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, fewer than five percent of disbarred lawyers seek readmission.

The following lawyers are disciplined:

J. Reeve Bright, 135 S.E. 5th Ave., Suite 200, Delray Beach , suspended for three years, effective 30 days from a July 8 court order. (Admitted to practice: 1981) A Bar audit found that Bright improperly commingled his personal funds into his trust account for personal transactions, and maintained negligent bookkeeping and accounting records. Bright also failed to keep a client informed as to the status of her case and he failed to respond to court-issued notices about the case.

John Newman Bryant, 8834 Goodbys Executive Drive, Suite 3, Jacksonville , publicly reprimanded and placed on probation for two years, following an Aug. 10 court order. (Admitted to practice: 1978) Bryant was at fault for not maintaining proper trust account records and procedures. At trial, he admitted to continual neglect of required trust account records.

Kevin Jay Byrne, 1451 W. Cypress Creek Road, Suite 300, Fort Lauderdale , suspended until further order, effective 30 days from an Aug. 12 court order. (Admitted to practice: 2001) Byrne failed to respond to Bar inquiries regarding a complaint and filed to show good cause for his failure to comply.

Jorge De la Mar, 7270 N.W. 12th St., Suite 440, Miami , suspended for 60 days, effective 30 days from an Aug. 12 court order. (Admitted to practice: 2003) De la Mar misled a client who was attempting to legalize his immigration status. On multiple occasions, De la Mar failed to respond to the client’s inquiries, and sought erroneous resolution for the client’s need. Ultimately, De la Mar reimbursed the client for all of his expenses that were incurred in the retainer agreement, and admitted to his wrongdoing.

Theodore Ross Dempster, 801 Brickell Ave., Ph-1, Miami , suspended until further order, following a Sept. 7 court order. (Admitted to practice: 1976) According to a petition for emergency suspension, Dempster appeared to be causing great public harm by the misappropriation and/or diversion of funds entrusted to him.

  David A. Donet, Sr., 6303 Blue Lagoon Drive, Suite 400, Miami , disbarred effective 30 days from an Aug. 19 court order. (Admitted to practice: 1980) Donet was charged with trust account irregularities.

Sherry Grant Hall, 4399 Commons Dr. E., Suite 300, Destin, disbarred following an Aug. 26 court order. (Admitted to practice: 1986) Hall engaged in dishonest conduct by creating a fraudulent agreement for sale and filing a document with forged signatures with the clerk’s office, to the detriment of a third party.

David Eric Hammer, 1300 E. 8 th Ave., Tampa , suspended until further order, following an Aug. 23 court order. (Admitted to practice: 2006) According to a petition for emergency suspension, Hammer appeared to be causing great public harm by engaging in dishonest behavior and misappropriating client trust funds.

Charles E. Hobbs II, 1315 E. Lafayette St., Suite C, Tallahassee , publicly reprimanded following an Aug. 4 court order. (Admitted to practice: 2000) Hobbs is further ordered to attend ethics school. Hobbs failed to clearly explain his scope of representation in a case and he failed to adequately communicate with a client.

Joseph Thomas Lander, 620 N.E. 146 Ave., Old Town , disbarred effective immediately, following an Aug. 5 court order. (Admitted to practice: 1997)Lander was found guilty of 16 felony counts of mail fraud and money laundering, with at least one of the offenses occurring while he was County Attorney for Dixie County. Lander is currently incarcerated.

John Stephen Lynch, P.O. Box 136, Bartow, publicly reprimanded following a July 14 court order. (Admitted to practice: 1979) Lynch failed to competently represent a client in a post-conviction relief case.

Stanley E. Marable, 677 N. Washington Blvd., Suite 2, Sarasota , suspended until further order, effective 30 days from an Aug. 18 court order. (Admitted to practice: 1973) After being retained by an Illinois-based collection agency to represent their interests in Florida, Marable failed to successfully do the job.

Evenette Mondesir, 1175 N.E. 125 th St. S-103, Miami , suspended until further order, following an Aug. 4 court order. (Admitted to practice: 1990) According to the a petition for emergency suspension, Mondesir appeared to be causing great public harm by misappropriating funds obtained to pay off a mortgage on her home. She also failed and/or refused to produce trust account records subpoenaed by The Florida Bar.

Jean Moyer, 399 Reid St., Palatka, suspended until further order, following an Aug. 4 court order. (Admitted to practice: 2001) According to a petition for emergency suspension, Moyer appeared to be causing great public harm by abandoning her law practice without prior notice and without taking steps to protect client interests.

Frederick John Schutte, IV, P.O. Box 6125, Live Oak, to be publicly reprimanded following an Aug. 26 court order. (Admitted to practice: 1990) Schutte violated a Bar rule regarding conflict of interest.

Joseph Paul Sindaco, 633 S.E. 3 rd Ave., Suite 4R, Fort Lauderdale , disbarred effective retroactive to April 29, following an Aug. 26 court order. (Admitted to practice: 1980) Further, Sindaco shall pay restitution totaling more than $454,000 to a client, and a personal representative for an estate. Sindaco misappropriated client funds.

Mark B. Slavin, 2020 N.E. 163 rd St., Suite 300, North Miami Beach , disbarred effective 30 days from an Aug. 24 court order. (Admitted to practice: 1973) Slavin was hired by clients in a personal injury case stemming from a vehicular accident. As a result of that representation, the insurance company deposited the money into Slavin’s trust account. Slavin failed to preserve and apply more than $33,000 of his clients’ funds in accordance with Bar rules

Robert Ullman, 506 Gardens Drive, Apt. 203, Pompano Beach , disbarred effective immediately, following an Aug. 9 court order. (Admitted to practice: 1982) In May 2009, Ullman pleaded no contest to possession of cocaine and possession of drug paraphernalia. He was sentenced to three years probation and was subsequently incarcerated for violating the probation. In January, Ullman pleaded no contest and was adjudicated guilty in circuit court of petit theft.   10-11-10

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