Florida Supreme Court disciplines 15 attorneys


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  • | 12:00 p.m. March 6, 2017
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The Florida Supreme Court disciplined 15 attorneys — disbarring two, revoking the licenses of two, suspending nine and publicly reprimanding two.

Two attorneys also were ordered to pay restitution.

They are:

• Sholom Boyer, North Miami Beach, to receive a disciplinary revocation, with leave to seek readmission after five years. (Admitted to practice: 2001) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against Boyer included misappropriation of client funds and failure to communicate with the client.

• Avery Spencer Chapman, Wellington, to be publicly reprimanded by publication. (Admitted to practice: 2001) Further, he shall attend a trust accounting workshop. Chapman represented a client in varied business and personal matters, who wired substantial monies into his trust account during an approximate three-year period from which Chapman was authorized to draw his compensation. When the client relationship ended, Chapman undertook an accounting and discovered a shortfall, which he promptly disclosed and fully reimbursed to the client. A Bar audit found no evidence of intentional misappropriation, but that he was negligent with bookkeeping and commingled client trust funds.

• Joseph Charnota, Coral Gables, suspended for 18 months. (Admitted to practice: 2001) Further, he shall pay restitution of $8,500 to two clients. After being retained in separate cases, Charnota failed to diligently represent clients. In one instance, he did not file a brief by the deadline and the appeal was dismissed. In another matter, he was fired and another attorney hired, because he did not file a motion as agreed. Charnota did not respond to letters from The Florida Bar regarding the matters.

• Robert Steven Cohen, Fort Myers, suspended for 30 days. (Admitted to practice: 1986) Cohen engaged in a sexual relationship with a client he represented in a bankruptcy case. When a trustee found the client withheld certain information in the case, Cohen withdrew representation and the client was forced to hire a new attorney.

• Fatima Rita dos Santos Fahmy, Orlando, suspended until further order. (Admitted to practice: 2004) Fahmy was found in contempt for failure to comply with the terms of a Dec. 3, 2015, court order. Specifically, as a condition of her probation, Fahmy was required to attend and complete ethics school and a stress management workshop by June 3. She also failed to undergo a review by the Discipline/Diversion Consultation Service of The Florida Bar.

• Bruce Charles Fehr, Coleman, disbarred. (Admitted to practice: 1995) Fehr pleaded guilty in U.S. District Court for the Southern District of Georgia to one count of child pornography. He was sentenced to three years in federal prison.

• Jonathan Paltiel Flom, Palm Beach, to receive a disciplinary revocation, with leave to seek readmission after five years. (Admitted to practice: 1993) Disciplinary revocation is tantamount to disbarment. A disciplinary matter pending against Flom involved a conviction in federal court for money laundering.

• Carol Lynn Benson Kendall, Hollywood, suspended until further order. (Admitted to practice: 2002) Kendall was found in contempt for noncompliance and failure to respond to an official Bar inquiry. (Case No. SC16-2110)

• Donald Richard Kerner Jr., Homestead, suspended for three years. (Admitted to practice: 2000) In three separate matters, he failed to diligently represent clients. Kerner received a settlement of $25,000 on behalf of a client, but on several occasions, the account balance fell below that amount. He failed to timely disburse the proceeds to the client. Kerner failed to properly maintain trust account records and to keep his client reasonably informed about the status of a case.

• Katherine Mohr, Estero, suspended for 90 days. (Admitted to practice: 2011) Mohr was found in contempt for failure to comply with the terms of a July 28, 2016, court order. Specifically, she was required to notify her clients, opposing counsel and tribunals of her suspension and provide the Bar within 30 days a sworn affidavit listing the names and addresses of all people and entities that were furnished a copy of her suspension order.

• Alexandra Rodriguez, Boca Raton, suspended for 91 days. (Admitted to practice: 2007) After being retained, Rodriguez failed to diligently represent a client. In several instances, she knowingly misinformed the client about the status of a case. When the client confronted Rodriguez about the discrepancy between what was in the court’s file and what she was being told, the attorney said she was withdrawing from the case.

• Teddy Sliwinski, Cleveland, Ohio, permanently disbarred. (Admitted to practice: 2003) In several instances, Sliwinski misappropriated client funds and he repeatedly paid for personal and business expenses out of his Interest on Lawyers Trust Account.

• Eduardo Rigoberto Soto, Coral Gables, to be publicly reprimanded by publication in the Southern Reporter. (Admitted to practice: 1990) Soto was negligent in the handling of an immigration case, leaving the client with just days to file an appeal or seek some alternate form of relief.

• Pamela Bruce Stuart, Washington, D.C., suspended for one year. (Admitted to practice: 1994) After being appointed by her father as trustee to his trust, Stuart breached her fiduciary duties by failing to provide the required annual accountings and loaning herself substantial funds to assist in carrying out the trust’s responsibilities and her own living and medical expenses.

• Vito Torchia Jr., Los Angeles, suspended for three years. (Admitted to practice: 2006) Further, he shall pay restitution of more than $25,000 to at least three clients. After being retained and receiving advance fees, Torchia failed to provide competent representation. In some instances he failed to add clients as plaintiffs in mass joinder litigation; he failed to provide legal services; he failed to appear; and he failed to communicate. Upon being terminated by clients, Torchia also failed to promptly return unearned fees.

 

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