Bar disciplines include Lobrano


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  • | 12:00 p.m. June 3, 2002
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The law career of Jacksonville attorney Stephen Lobrano apparently is over as The Florida Bar has accepted the resignation of his license to practice.

Once a high-profile attorney who represented such prominent figures as developer Ira Koger, Lobrano was convicted last year of embezzling more than $1.5 million from clients and presently is serving an 8-year term in a state prison near Monticello.

His case was included in the latest Bar disciplinary report which revealed that, in recent court orders, 12 attorneys were suspended, nine were reprimanded, five were disbarred, one placed on probation and five had their resignations accepted.

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.

The Bar’s report on Lobrano:

• Stephen D. Lobrano, Jacksonville, resigned in lieu of disciplinary hearings, without leave to seek readmission, effective immediately following a May 2 court order. Lobrano allegedly converted clients’ trust funds in excess of $1.5 million for his personal use.

Others:

• Howard I. Alabaster, Coral Springs, suspended from practicing law in Florida for 91 days, effective 30 days following a May 9 court order. Alabaster violated several rules regulating The Florida Bar in connection with his representation of two unrelated clients. In both instances, Alabaster failed to provide competent representation to a client, to act with reasonable diligence and promptness, and to take steps to the extent reasonably practicable to protect a client’s interest upon termination of representation.

• Rita Horwitz Altman, West Palm Beach, reprimanded for professional misconduct following an April 25 court order. Altman failed to act with reasonable diligence and promptness in representing a client, to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Altman also failed to respond, in writing, to a Bar inquiry into her conduct.

• Michael S. Blaher, Altamonte Springs, disbarred from practicing law in Florida, effective immediately following a May 9 court order. In several unrelated matters, Blaher failed to act with reasonable diligence and promptness in representing a client, to keep a client reasonably informed about the status of a matter, and to respond, in writing, to a Bar inquiry into his conduct.

• Joseph Frederick Bohren II, St. Petersburg, reprimanded for professional misconduct following a May 9 court order. Bohren’s name and law license were used by a non-lawyer who owned a collection agency, to add force to the agency’s inappropriate collection activities.

• Mary M. Dunn, St. Petersburg, reprimanded for professional misconduct following a May 23 court order. During her representation of a client in an appeal of a criminal matter, Dunn failed to return copies of relevant case documents to the client for over two years, despite repeated requests by the client to return the documents. Dunn also failed to inform the client of the appellate court’s decision for over two years.

• Clifford Douglas Edelston, Winter Park, disbarred from practicing law in Florida, effective immediately following a May 9 court order. Edelston became ineligible to practice law in January 2000 due to his noncompliance with continuing legal education requirements. Since that time, he has filed legal documents with the 11th Judicial Circuit Court and the 5th District Court of Appeal. Edelston also failed to respond to several Bar inquiries into his conduct.

• John Henry Fisher II, Clearwater, suspended from practicing law in Florida for 30 days and thereafter until he complies with conditions stated in the referee’s report, effective 30 days following a May 9 court order. In two unrelated matters, Fisher failed to act with reasonable diligence and promptness in representing a client, to keep a client reasonably informed about the status of a matter, to take the steps to the extent reasonably practicable to protect a client’s interests upon termination of representation, and to respond to a Bar investigation into his conduct.

• Geneva Carol Forrester, St. Petersburg, suspended from practicing law in Florida for 60 days, effective 30 days following a May 16 court order. Upon reinstatement, Forrester is placed on probation for one year. Forrester knowingly and intentionally removed and concealed evidence for a period of time during a March 1998 deposition.

• Maria Lourdes Gonzales-Hoyes, Kissimmee, suspended from practicing law in Florida for one year, effective immediately following a May 2 court order. Gonzales-Hoyes violated rules regulating The Florida Bar in four unrelated matters. In one case, Gonzales-Hoyes was hired to represent a client in an immigration matter. She was paid a $400 legal fee, but filed no documents on the client’s behalf with the Immigration and Naturalization Service (INS). Gonzales-Hoyas provided the client with a fictitious INS file number and interview date and thereafter, refused to communicate with the client.

• Lee Howard Gross, Miami, suspended from practicing law in Florida until further court order, effective 30 days following a May 21 court order. An audit of Gross’ trust account records revealed that he repeatedly misappropriated client funds.

• Stanley Eric Halbert, Winter Park, suspended from practicing law in Florida for 90 days, effective 30 days following a May 16 court order. Upon reinstatement, Halbert is placed on probation for three years. Halbert failed to act with reasonable diligence and promptness in representing clients and failed to keep clients reasonably informed. He also violated Bar trust account rules.

• Albert G. Hartog, Orlando, reprimanded for professional misconduct following a May 9 court order. Hartog agreed to represent a client even though his exercise of professional judgment in the representation of that client might have been materially limited by his responsibilities to another client or to a third person or by his own interests.

• George Berry Hough Jr., Stuart, reprimanded for professional misconduct following a May 2 court order. Hough failed to comply with Bar rules regulating trust accounts. He used funds for purposes other than those for which they were entrusted to him.

• Theodore John Jeffries, Ft. Lauderdale, suspended from practicing law in Florida for 91 days, effective 30 days following a May 9 court order. Jeffries continued to hold himself out as a licensed attorney while he was not eligible to practice law.

• B. Edwin Johnson, Clearwater, placed on probation for three years, effective immediately following May 9 court order. Johnson charged an illegal, prohibited or clearly excessive fee.

• Lee Ann Fiveash Malone, Tallahassee, suspended from practicing law in Florida for one year, effective 30 days following a May 2 court order. Malone violated rules regulating The Florida Bar in unrelated matters. In one matter, Malone was arrested in Tallahassee and released on $5,000 bond after a stolen car report was filed with the Pensacola Police Department alleging that Malone failed to return a rental car and failed to contact the rental car company.

• Mark W. McFall, Bonita Springs, suspended from practicing law in Florida until further court order, effective 30 days following an April 26 court order. McFall misappropriated client funds.

• Daniel Alan Medeiros, Nashua, N.H., suspended from practicing law in Florida for one year, to be imposed consecutive to the suspension ordered in Case No. SC94260 (two year suspension effective April 17, 2000), following a May 9 court order. Medeiros accepted payments from a client to represent her in a bankruptcy matter. He then closed his law office and did not advise the client he was doing so, nor did he provide useful services on behalf of the client prior to closing the practice and moving out of Florida. Medeiros also failed to refund any of the advanced fees and costs he had received from the client. He failed to respond in writing to a Bar inquiry into his conduct.

• Dick Wilson Mount Jr., Minerva, Ohio, reprimanded for professional misconduct following a May 2 court order. Mount failed to act with reasonable diligence and promptness in representing clients and to keep clients reasonably informed about the status of a matter.

• Brian John Murtha, Melbourne, reprimanded for professional misconduct following a May 9 court order. Murtha engaged in the practice of law while he was administratively suspended from the practice of law due to his noncompliance with continuing legal education requirements.

• Jesus Novo III, Miami Springs, suspended from practicing law in Florida for 18 months, effective retroactive to August 31, 2001, following a May 23 court order. In March 2001, Novo was adjudicated guilty of one felony count of introduction/possession of an unlawful article into a county detention facility.

• Jonathan Isacc Rotstein, Daytona Beach, reprimanded for professional misconduct following an April 18 court order. Rotstein violated rules regulating The Florida Bar in connection with several television commercials advertising his law practice.

• Donald Keith Schold, Naples, disbarred from practicing law in Florida, without leave to seek readmission for a period of 20 years, effective immediately following an April 25 court order. Schold violated several Bar rules regulating trust accounts and the rules of professional misconduct.

• James Sweeting III, Orlando, reprimanded for professional misconduct following a May 9 court order. Sweeting failed to act with reasonable diligence and promptness in representing a client, to keep the client reasonably informed about the status of a matter, and to promptly notify the Bar of any changes to his mailing address.

• Bruce E. Warner, Boca Raton, suspended from practicing law in Florida for 30 days, effective 30 days following a May 2 court order. Upon reinstatement, Warner is placed on probation for three years. Warner closed his law office and did not adequately communicate with his clients to inform them that he was closing his office and that they would need to retain new counsel or to explain the steps he had taken to conclude that client’s matter, Warner did not timely respond to Bar inquiries into his conduct.

• Randall Benjamin Warren, Beverly, Mass., disbarred from practicing law in Florida, effective 30 days following a May 9 court order. On July 6, 2001, the Supreme Judicial Court of Massachusetts disbarred Warren from the practice of law for eight years. Warren continued to practice law and on August 31, 2001, he was found in contempt of the disbarment order.

• Mark Haller Zilberberg, Tallahassee, disbarred from practicing law in Florida, effective immediately following a May 2 court order. Among his rule violations, Zilberberg failed to maintain trust accounting records and engaged in the unlicensed practice of law.

 

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