The Florida Supreme Court in recent court orders suspended 12 attorneys, reprimanded eight others, disbarred three, accepted the resignation of two, and enjoined one from the practice of law.
No local attorneys were among those disciplined.
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. As an official agency of the Supreme Court of Florida, The Florida Bar and its Department of Lawyer Regulation are charged with the administration of a statewide disciplinary system to enforce Supreme Court rules of professional conduct of the 69,000-plus lawyers admitted to practice law in Florida.
The following lawyers are disciplined:
• Steven Michael Alex, Labelle, resigned in lieu of disciplinary proceedings, without leave to seek readmission, effective immediately following a Nov. 1 court order. In March, Alex pleaded guilty to four felony counts of sexual battery by a person in custodial authority.
• Paul John Dubbeld, Daytona Beach, suspended from practicing law in Florida for one year, effective retroactive to Sept. 27, 1999, following a Sept. 26 court order. When representing a client on an appeal from a criminal conviction, Dubbeld failed to act with reasonable diligence, keep the client reasonably informed about the status of the matter, and explain the matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
• Robert A. Eisen, Boca Raton, suspended from practicing law in Florida until further court order, following an Oct. 22 court order. Eisen willfully misappropriated client or third party funds amounting to at least $843,831.39 and violated trust accounting rules.
• Scott M. Greenfield, Miami, suspended from practicing law in Florida for one year, effective retroactive to Jan. 13, 2000, following an Oct. 25 court order. Upon reinstatement, Greenfield is further placed on probation for one year. Greenfield may have violated a Jan. 12, 2000, court order which classified him as inactive. He did not take adequate steps to ensure removal of all signs which occupied his law office and the building it occupied which reflected that Greenfield was an attorney.
• Douglas Andrew Hutcheson, Fort Walton Beach, suspended from practicing law in Florida for 90 days, effective 30 days following an Oct. 25 court order. Hutcheson continued to represent a client during his administrative suspension from the Bar in 1997.
• Robert Scott Laing, West Palm Beach, suspended from practicing law in Florida for 45 days, effective 30 days following an Oct. 4 court order. Upon reinstatement, Laing is placed on probation for one year. Laing violated rules regulating The Florida Bar by engaging in conduct contrary to honesty and justice and also engaging in conduct constituting dishonesty, fraud, deceit or misrepresentation.
• Gale Dustin Lucy, North Miami Beach, suspended from practicing law in Florida until she complies with a subpoena dated Nov. 8, 2000, effective 30 days following an Oct. 31 court order. Lucy failed to comply with a subpoena requiring her to produce a client file and an accounting of all funds received and disbursed regarding an estate case.
• James Daniel Marshall III, Tampa, resigned in lieu of disciplinary proceedings, with leave to seek readmission after three years, effective 30 days following a Nov. 15 court order. Marshall allegedly violated rules regulating The Florida Bar in several unrelated cases. In one instance, in which Marshall was hired to represent someone on a claim of employment discrimination, he allegedly neglected to file the suit in federal court within the proper time frame, and failed to adequately keep the client informed of the status and progress of the matter. It is further alleged that Marshall attempted to interfere with the proper administration of justice by attempting to get his client to withdraw her grievance.
• Frederick C. Meyer, Hampton Bays, N.Y., enjoined from engaging in the practice of law in Florida, following an Oct. 25 court order. Meyer engaged in the practice of law while not a member in good standing of The Florida Bar.
• Vivian Miller, Tamarac, suspended from practicing law in Florida until further court order, effective 30 days following a Nov. 15 court order. A review of trust account records shows that Miller misappropriated law firm and client funds.
• Thomas James O’Grady, Boca Raton, disbarred from practicing law in Florida, effective immediately following an Oct. 30 court order. O’Grady violated several rules regulating The Florida Bar regarding trust accounts. Among his violations, O’Grady failed to maintain certain minimum required trust account records and did not perform certain minimum trust accounting procedures. During an 11-month Florida Bar audit, there was a shortage in O’Grady’s trust account each month.
• Gary Stephen Ostrow, Ft. Lauderdale, reprimanded for professional misconduct following an Oct. 4 court order. When representing a client in a criminal matter, Ostrow failed to provide the client competent representation and failed to act with reasonable diligence and promptness in representing the client. Ostrow also violated rules regulating The Florida Bar when he delegated the responsibilities regarding the criminal matter to an associate and failed properly supervise the associate to assure that all files were handled correctly and in a timely manner.
• John Robert Pape, North Miami, reprimanded for professional misconduct following a Nov. 8 court order. Pape utilized another individual’s notary stamp and executed the notary’s signature. The documents in question did not relate to Pape’s law practice, but rather to a personal financial matter.
• John Michael Poole, Prospect, Ky., suspended automatically from practicing law in Florida, effective 30 days from Nov. 6, following a Nov. 7 court order. In December 2000, Poole pleaded guilty to 56 felony counts in Kentucky. Poole wrote checks totaling $365,133 on the account of an elderly client without her knowledge or consent and converted the funds to his own personal or professional use.
• John M. Power, Paramus, N.J., suspended from practicing law in Florida for six months, effective retroactive to July 20, 2000, following a Nov. 15 court order. Power is guilty of misconduct involving dishonesty, fraud, deceit or misrepresentation. He was suspended from the practice of law in the State of New Jersey for six months in July 2000.
• Daniel Jack Roberts, Hauppauge, N.Y., disbarred from practicing law in Florida, effective immediately following a Nov. 15 court order. Roberts was convicted of a felony in New York state as a result of fraudulent actions and false misrepresentations.
• Clay Booth Rood, Tampa, reprimanded for professional misconduct following an Oct. 5 court order. Rood failed to hold a third party’s funds in trust and failed to promptly notify the third party of the receipt of funds knowing that the third party had an interest in the funds.
• Stephen Christopher Schroeder, St. Petersburg, reprimanded for professional misconduct following an Oct. 25 court order. In two unrelated cases, Schroeder failed to act with reasonable diligence and promptness in representing a client and failed to keep a client reasonably informed about the status of a matter.
• Kevin Clifford Shirley, Punta Gorda, reprimanded for professional misconduct following a Nov. 8 court order. During a dissolution of marriage case, Shirley failed to act with reasonable diligence and promptness in representing the client, keep the client reasonably informed about the status of the matter and explain the matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. As a result of Shirley’s rule violations, the dissolution of marriage action was dismissed without the client’s knowledge.
• Harris Sperber, Miami, disbarred from practicing law in Florida, effective immediately following an Oct. 25 court order. On or about June 23, 2000, Sperber pleaded guilty to conspiracy to commit offenses against the U.S. In March 2000, he also pleaded guilty to three counts of engaging in monetary transactions through a financial institution, with criminally derived property, which was derived from an unlawful activity.
• Philip Tatich, Maitland, suspended from practicing law in Florida for 90 days, effective Feb. 15, 2002, following an Oct. 18 court order. Upon reinstatement, Tatich is further placed on probation for three years. A Florida Bar audit revealed that Tatich was not in compliance with trust account rules. Among his several rule violations, Tatich failed to hold in trust, separate from his own property, funds and property of clients, or third persons that were in his possession in connection with representation.
• Anne Georges Telasco, Miami Shores, suspended from practicing law in Florida until further court order, effective 30 days following a Nov. 13 court order. A Bar review of Telasco’s trust account revealed not only evidence of misappropriation of funds, but also failure to maintain records and adhere to procedures.
• James Harvey Tipler, Fort Walton Beach, reprimanded for professional misconduct following a Nov. 15 court order. Tipler is further placed on probation for one year. Tipler charged a clearly excessive contingency fee without prior court approval. He also violated the rules of professional conduct.
• Mary Agnes Webster, Miami, suspended from practicing law in Florida for two years, effective retroactive to Aug. 22, following an Oct. 25 court order. Webster violated rules regulating trust accounts by authorizing improper disbursements.
• Michael Lee Weimorts, Destin, reprimanded for professional misconduct following an Oct. 4 court order. Weimorts failed to competently and diligently pursue a client’s claim by abandoning the case without giving his client any notification. He also failed to respond in a timely manner to a Bar inquiry regarding the matter.
• Woodburn S. Wesley Jr., Fort Walton Beach, reprimanded for professional misconduct following an Oct. 4 court order. Wesley knowingly attempted to conceal evidence that he knew, or should have known, would be material to a reasonably foreseeable legal proceeding.