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Jax Daily Record Monday, Aug. 15, 200512:00 PM EST

Local attorney is disbarred

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The Florida Supreme Court, in recent court orders, suspended eight, reprimanded six, disbarred three, placed two on probation, and accepted the resignation of two attorneys.

One of the disbarments was a Jacksonville attorney, Timothy Rogers, and one of the resignations was from former Jacksonville attorney Roger Rizk.

Disbarred

Timothy Wayne Rogers, 1907 Atlantic Blvd., Jacksonville, disbarred following a June 9 court order. Among several Bar violations, Rogers failed to act with reasonable diligence and promptness in representing a client; failed to respond, in writing, to an official inquiry by Bar counsel or a disciplinary agency when conducting an investigation into his conduct; and failed to maintain adequate trust accounting records.

Elliot Stanley Shaw, West Palm Beach, disbarred following a June 23 court order. Among several Bar violations, Shaw violated some of the Rules Regulating Trust Accounts and entered into a business transaction with a client or knowingly acquired an ownership, possessory, security, or other pecuniary interest adverse to a client.

Frank Leonard Smith, High Springs, permanently disbarred following a June 9 court order. Smith continued to practice law in Florida after his disciplinary resignation dated June 28, 2001.

Resigned

Roger Wade Rizk, now living in Charlotte, N.C. and formerly of Jacksonville, resigned in lieu of disciplinary proceedings, with leave to seek readmission after five years, effective 30 days following a June 9 court order. At the time of resignation, Rizk had one case pending before a referee, alleging failure to observe the terms of his probation.

David Stanley Piercefield, Maitland, resigned in lieu of disciplinary proceedings, with leave to seek readmission after five years, effective immediately following a June 23 court order. At the time of resignation, Piercefield had a case pending against him alleging conspiracy to defraud the United States, a felony violation.

Suspended

Lori Elizabeth Ager, Orlando, suspended for three years, effective immediately following a June 2 court order. On July 27, 2004, Ager pled no contest to two felony counts of DUI Manslaughter and was sentenced to five years in prison followed by 10 years probation.

Herman B. Blumenthal III, Seminole, suspended for two years, effective 60 days following a June 23 court order. Among several Bar violations, Blumenthal engaged in conduct and minor misconduct and committed a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects.

Kevin E. Farris, Tampa, suspended for 30 days, effective 30 days following a June 9 court order. Farris is further directed to attend and complete The Florida Bar’s Trust Accounting Workshop. Farris failed to comply with the Rules Regulating Trust Accounts and violated or attempted to violate the Rules of Professional Conduct, knowingly assisted or induced another to do so, or did so through the acts of another.

James R. Filenbaum, Miami, suspended on an emergency basis until further court order, effective 30 days following a June 7 court order. There is clear and convincing evidence that Filenbaum could cause great public harm by misappropriating client trust funds or property.

Barbara W. Kamali, Miami, suspended for 15 days, effective retroactive to May 21, following a June 9 court order. Kamali 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 and promptly comply with reasonable requests for information.

Andy Brian Parmenter, Gainesville, suspended for 90 days, effective 30 days following a June 9 court order. Among several Bar violations, Parmenter failed to act with reasonable diligence and promptness in representing a client; failed to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information; and failed to respond, in writing, to an official inquiry by Bar counsel or a disciplinary agency when conducting an investigation into his conduct.

Stanley Fenwick Rosenberg, Winter Park, suspended for one year, effective retroactive to Jan. 7, following a June 9 court order. On or about Nov. 15, 2004, Rosenberg entered a plea of no contest as to two counts of aggravated assault with a deadly weapon, a third-degree felony, and was adjudicated guilty on both counts. Rosenberg served three days in the Orange County Jail and was placed on supervised probation for four years.

Tina M. Turner, Daytona Beach, suspended for 91 days, effective 30 days following a June 2 court order. Turner failed to respond, in writing, to an official inquiry by Bar counsel or a disciplinary agency when conducting an investigation in her conduct.

Reprimanded

Richard Scott Barker, Ft. Myers, reprimanded for professional misconduct following a June 23 court order. Barker represented a client in which his exercise of independent professional judgment in the representation of that client was materially limited by his responsibilities to another client or to a third person or by his own interest.

David C. Braun, Lake City, reprimanded for professional misconduct following a June 9 court order. Braun failed to act with reasonable diligence and promptness in representing a client; failed to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information; and failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Ilene Helen Goldman, New Orleans, reprimanded for professional misconduct following a June 9 court order. Goldman failed to provide competent representation to a client; failed to act with reasonable diligence and promptness in representing a client; and represented a client in which the representation of that client was directly adverse to the interests of another client.

Phillip Timothy Howard, Tallahassee, reprimanded for professional misconduct following a June 9 court order. Howard is further placed on probation for one year and shall attend and complete the next scheduled session of Ethics School held in his geographical area. Howard threatened to present criminal and disciplinary charges solely to gain an advantage in a civil matter.

Caroly Pedersen, Ft. Lauderdale, reprimanded for professional misconduct following a June 9 court order. Pedersen is

further placed on probation for two years. Among several Bar violations, Pedersen engaged in conduct involving

dishonesty, fraud, deceit, or misrepresentation and made or permitted to be made a false, misleading, deceptive, or unfair communication about her or her services.

Probation

George Murray Hudson, Boca Raton, placed on probation for three years following a June 9 court order. Hudson violated his Florida Lawyers Assistance, Inc. rehabilitation contract and failed to abide by the terms and conditions of his Florida Bar diversion agreement.

Peter Nicholas MacAluso, Tampa, reprimanded for professional misconduct following a June 9 court order. MacAluso is

further placed on probation for three years. Among several Bar violations, MacAluso failed to provide competent representation to a client; failed to act with reasonable diligence and promptness in representing a client; and violated the Responsibilities Regarding Nonlawyer Assistants.

John Robert Sawyer, Pensacola, placed on probation for three years, effective Sept. 1, following a June 9 court order. Sawyer violated his rehabilitation contract with Florida Lawyers Assistance, Inc.

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