2 Duval County lawyers among 16 disciplined by Florida Supreme Court


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  • | 12:00 p.m. July 4, 2016
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The Florida Supreme Court disciplined 16 attorneys — disbarring five, revoking the licenses of two, suspending eight and publicly reprimanding one.

Four attorneys received more than one form of discipline. One attorney was ordered to pay restitution and three attorneys were also placed on probation.

Two are from Duval County.

• Keirsten Klatch, 3334 Randall St., Jacksonville, suspended until further order. (Admitted to practice: 2011) Klatch was found in contempt for failing to respond in writing to a Florida Bar subpoena for records and an inquiry regarding the whereabouts of a client’s funds.

• William Reid Penuel, 378 Ahem St., Atlantic Beach, disbarred. Further, Penuel shall pay restitution of $147,495. (Admitted to practice: 2006) Penuel withdrew funds from an estate account without authorization. He provided no accounting of the missing funds nor has he returned the funds to the estate account. Penuel failed to appear before the bankruptcy court as ordered and was held in contempt.

Others are:

• Angela Morton Armstrong, Palm Harbor, disbarred. (Admitted to practice: 2001) Armstrong was not diligent in the performance of services for which she had been retained. She accepted fees and failed to keep clients reasonably informed about the status of their cases. In numerous instances, there were no records showing that she filed bankruptcy cases on behalf of clients.

• George Joseph Charnota, Coral Gables, suspended for one year. (Admitted to practice: 2001) Charnota was found in contempt for failure to comply with the terms of a July 27, 2015, suspension order. Specifically, he was required to notify his clients, opposing counsel and tribunals of his suspension and provide the Bar with a sworn affidavit listing the names and addresses of all people and entities that received a copy of his suspension order.

• Sarah E. Cox, Fort Myers, to be publicly reprimanded and attend ethics school. (Admitted to practice: 2008) Cox represented a client on a variety of legal matters and received a total of $90,000. The client claims the fees are excessive and the two are involved in civil litigation. Cox acknowledges she should have more frequently and more thoroughly communicated in writing the precise amount and nature of every charge in order to avoid misunderstanding.

• Richard John DeSanto, Fort Lauderdale. The Supreme Court granted DeSanto’s request for a disciplinary revocation, with leave to seek readmission after five years. (Admitted to practice: 1978) Disciplinary revocation is tantamount to disbarment. A disciplinary matter pending against DeSanto involved an allegation stemming from an uninsured motorist claim.

• Mirta Desir, West Palm Beach, suspended until further order. Desir was found in contempt for failure to respond to an official Bar inquiry. Letters were sent to Desir in December 2015 by U.S. Mail and email advising of a complaint. On Dec. 30, 2015, an email was received from Desir stating the law firm closed in 2014 and she would respond to all emails as they were received.

• Michelle Dawn Lambo, Tampa, suspended for 60 days. Upon reinstatement, Lambo is further placed on probation for three years. (Admitted to practice: 2003) Lambo was involved in an automobile accident in which her vehicle struck a stationary vehicle that was waiting to turn. Lambo failed to remain at the scene and left on foot. Lambo is remorseful and believes her decision may have been influenced by her abuse of alcohol during that time period. She has since entered into a contract with Florida Lawyers Assistance and has been fully compliant.

• William Todd Long, Winter Park, disbarred. (Admitted to practice: 1989) Long pervasively misappropriated client trust funds, to which he was not entitled, for business expenses and for his personal benefit. He failed to respond to the Bar’s nine letters and six subpoenas requiring production of his trust account records; he misrepresented himself as a Board Certified Civil Trial Lawyer, when in fact he was not; and he improperly charged personal injury clients an administrative fee of $100 to $200. Long also failed to comply with the emergency suspension order issued by the Supreme Court that required notification of his suspension to all clients, opposing counsel and courts to which he was counsel of record.

• Eric Andrew Mader, Tampa, suspended for three years. He is further placed on probation for three years. (Admitted to practice: 1997) Mader improperly handled a case involving the collection of a commercial debt. Additionally, Mader is not licensed in Missouri, but engaged in the unauthorized practice of law, beginning in 2012, representing Missourians in loan modification and foreclosure defense cases. He charged and received advance payment prior to fully performing all services.

• Robert Andrew Mogle, Davie, disbarred. (Admitted to practice: 2000) Mogle accepted money to represent several clients but took no significant action on the cases. He also abandoned his law practice without giving notice to clients or the Bar.

• Nicol John Panebianco, Fort Lauderdale, suspended for 90 days. Upon reinstatement, he is further placed on probation for three years with the following conditions: He contacts Florida Lawyers Assistance for an evaluation; undergoes a review by the Diversion/Discipline Consultation Service; attends a trust accounting workshop; and writes letters of apology to 13 people for his behavior. (Admitted to practice: 1987) His emails, court documents and telephone calls contained threats and personal insults. He had no recognition of what was appropriate and what was inappropriate to say to a judge. He was found in contempt on two occasions for failure to appear before the court. Panebianco also violated trust accounting procedures.

• Cherie A. Parker, Largo, suspended for one year. (Admitted to practice: 1980) Parker was found in contempt for failure to comply with the terms of a Sept. 9, 2015, suspension order. Specifically, Parker was required to notify her clients, opposing counsel and tribunals of her suspension and provide the Bar with a sworn affidavit listing the names and addresses of all persons and entities that received a copy of her suspension order.

• Garry Lee Potts, Clearwater, suspended for one year. (Admitted to practice: 1988) Potts was found in contempt for failure to comply with the terms of an Oct. 15, 2015, suspension order. Specifically, Potts was required to notify his clients, opposing counsel and tribunals of his suspension and provide the Bar with a sworn affidavit listing the names and addresses of all people and entities that received a copy of his suspension order.

• Erwin Rosenberg, Miami Beach, disbarred. (Admitted to practice: 1999) Rosenberg was found in contempt for failure to comply with the terms of a May 28, 2015, suspension order. Specifically, Rosenberg was required to notify his clients, opposing counsel and tribunals of his suspension and provide the Bar with a sworn affidavit listing the names and addresses of all people and entities that received a copy of his suspension order. He also held himself out as an attorney while suspended, using the designation esquire, and continued to practice law.

• David Land Whigham, Tampa. The Supreme Court granted Whigham’s request for a permanent disciplinary revocation, without leave to seek readmission.  Whigham had previously been placed under emergency suspension for misappropriating more than $899,000. (Admitted to practice: 1998) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against Whigham involved trust accounts.

 

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