The Florida Supreme Court recently disciplined 19 attorneys — disbarring two, revoking the licenses of two, suspending 11 and publicly reprimanding four. Three attorneys were also placed on probation.
Two are from Jacksonville:
• Alma Celeste Defillo, 660 Park St., Jacksonville, permanently disbarred. (Admitted to practice: 2000) Defillo worked as an immigration lawyer and maintained offices in North Carolina and South Carolina, despite being only a member of The Florida Bar. Because of her significant misconduct in South Carolina, the Supreme Court there permanently forbade her from practicing law in the state and appointed a receiver for her clients. In several instances, Defillo was retained to represent clients and failed to adequately do so. She often failed to communicate, charged excessive fees and in South Carolina, she failed to disclose on her business cards, radio and print advertisements that she was not admitted to practice in the state.
• Amy Elizabeth Newby, 3869 E. Santa Fe St., Jacksonville, suspended for three years. Further, Newby shall be placed on probation for three years, upon reinstatement. (Admitted to practice: 2003) Newby was convicted of federal mail fraud, a felony. She was sentenced to incarceration for 15 months.
The others are:
• Benjamin Scott Anderson, Elkhorn, Neb., suspended for three years. (Admitted to practice: 2006) The suspension will be in effect until he complies with the terms of a March 19 suspension order, prior to petitioning for reinstatement. Anderson was found in contempt for failing to provide to The Florida Bar within 30 days of his suspension, a sworn affidavit listing the names and addresses of all persons and entities who were furnished a copy of his suspension order.
• Masable Larumbla Baker, Dover, to be publicly reprimanded. (Admitted to practice: 2002) After being retained, Baker failed to diligently represent a client. He communicated with the client’s girlfriend who paid him rather than with the client. Therefore the client was unable to make an informed decision about the representation.
• Margaret Blot, Pembroke Pines, suspended for 91 days. (Admitted to practice: 2005) In two separate cases, Blot negligently deposited client monies into her primary business account. She did not maintain required minimum trust account records and in one instance she did not properly file a client’s immigration documents because of a fee dispute with him.
• George Joseph Charnota, Coral Gables, suspended until further order. (Admitted to practice: 2001) Charnota was found in contempt for failure to respond in writing to an official Bar inquiry. Letters were sent to his record Bar address in September, October and December of 2014 and again in February and April.
• Matthew Brennan Cleary III, Labelle, suspended until further order. (Admitted to practice: 2004) According to a petition for emergency suspension, Cleary appeared to be causing great public harm. Two judges found him in indirect criminal contempt for intentionally and deliberately failing to timely appear for trials in April; at an order to show cause hearing, Cleary appeared in court under the influence of drugs.
• Richard A. Colegrove Jr., Sanford, disbarred. (Admitted to practice: 1988) The Florida Bar found clear and convincing evidence that allegations in two sworn complaints against Colegrove were substantiated. Additionally, Colegrove failed to follow a direct order by the court and he failed to file a written response to a Bar inquiry even after being given multiple opportunities.
• Howard Feinmel, Boca Raton. The court granted Feinmel a disciplinary revocation with leave to seek readmission after five years. (Admitted to practice: 1999) Disciplinary revocation is tantamount to disbarment. Feinmel had disciplinary charges pending regarding the filing of frivolous lawsuits and failure to provide meaningful representation to clients.
• Randy Fischer, Ocala, suspended for 60 days. (Admitted to practice: (1976) Fischer’s improper conduct in court resulted in a mistrial. The judge found Fischer’s behavior during the trial to be improper — noting his disregard for the court’s authority and attempts to circumvent the court’s rulings.
• Linda Dawn Hadad, Daytona Beach, suspended until further order (Admitted to practice: 2002) According to a petition for emergency suspension, Hadad appeared to be causing great public harm. A Bar investigation found she engaged in an ongoing pattern of behavior that presents a threat to the judicial system including illegal drug activities and sexual conduct with her clients, failing to timely appear for court hearings, closing her office without informing her clients and failing to respond to the Bar.
• Peter Mark Hodkin, Hollywood. The court granted Hodkin a disciplinary revocation with leave to seek readmission after five years. (Admitted to practice: 1979) Disciplinary revocation is tantamount to disbarment. Hodkin had disciplinary charges pending regarding his conversion of client monies.
• Manuel R. Lopez, Coral Gables, suspended for three years. Further, Lopez shall remain suspended until he has certified compliance with the Court. (Admitted to practice: 1993) Lopez was found in contempt for failing to comply with the terms of a Feb. 26 court order. He was required to provide to The Florida Bar within 30 days of his suspension, a sworn affidavit listing the names and addresses of all persons and entities who were furnished a copy of his suspension order.
• Theodore Mack, Tallahassee, to be publicly reprimanded. (Admitted to practice: 1975) Mack was indicted on a federal charge of knowingly transmitting a communication containing a threat in interstate commerce. The threat involved sending the communication to a U.S. Congressman via his official website. Mack admitted that the authored the post under an alias using a bogus address. The federal case was subsequently dismissed after Mack accepted an agreement for pretrial diversion.
• Jonathan Ari Markhoff, North Miami Beach, suspended for 90 days. Further, he shall be placed on probation for three years. (Admitted to practice: 2010) Markhoff failed to maintain adequate accounting records, commingled client funds and caused a client’s check to be returned for insufficient funds.
• Jose Antonio Pagan II, Miami, to be publicly reprimanded. (Admitted to practice: 2007) Pagan used misleading advertising on his firm’s website advertisement listing cities in which he did not have bona fide fully staffed offices, in violation of Bar rules. Pagan omitted important information necessary for clients to make decisions regarding legal representation and he promised results. Pagan also failed to respond to the Bar’s official inquiries in January, February and March.
• Scott Lowell Podvin, Miami Beach, to be publicly reprimanded by publication in the Southern Reporter. (Admitted to practice: 1994) Podvin was the subject of Bar disciplinary matters and waived the right to probable cause hearings before a grievance committee.
• Bryan D. Savy, West Melbourne, suspended for 30 days. In addition, Savy will be placed on probation for three years with the condition that he enter a new rehabilitation contract with Florida Lawyers Assistance Inc., with monthly testing for the duration of the contract. (Admitted to practice: 2005) Savy was found in contempt for violating the terms of an October 2014 rehabilitation contract that required him to abstain from the consumption of alcohol.
• Marlon Alphanso Smikle, Lake Mary, suspended until further order. (Admitted to practice: 2014) Smikle pleaded no contest to conspiracy to introduce contraband into a county correctional facility, a third-degree felony.