The Florida Supreme Court in recent court orders suspended seven attorneys, including Donald Moses of Atlantic Beach, reprimanded five others, disbarred five, and accepted the resignation of three.
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 local attorney disciplined is:
• Donald Tony Moses, Atlantic Beach, suspended from practicing law in Florida for two years, effective retroactive to Sept. 21, 1999, following a March 7 court order. Moses entered the file cabinet of another attorney with whom he was associated and issued the associate’s client a proceeds check from that attorney’s trust account. In a separate matter, Moses failed to provide competent representation to a client and to keep a client reasonably informed about the status of a matter.
Other lawyers disciplined are:
• Donald Appignani, Coral Springs, reprimanded for professional misconduct following a March 14 court order. Appignani revealed the existence and content of an e-mail sent by his client, against the client’s wishes. He also entered into a conflict of interest without a client’s approval.
• Robert M. Bader, Port Charlotte, resigned in lieu of disciplinary proceedings, without leave to seek readmission, effective immediately following a Jan. 31 court order. Bader allegedly violated Bar rules while representing a client involved in a will dispute.
• Steven Robert Cohen, Frederick, Md., disbarred from practicing law in Florida, effective 30 days following a March 14 court order. Cohen was disbarred from practicing law in Maryland and failed to supply the Florida Supreme Court with a copy of the Order of the Maryland Court of Appeals within 30 days of the effective date of his disbarment. An audit during the Maryland disciplinary proceedings disclosed numerous instances of commingling funds and misappropriation. Cohen also failed to communicate with a client and to produce financial and time records.
• Jorge Luis Cueto, Miami, disbarred from practicing law in Florida, effective retroactive to May 5, 2000, following a March 21 court order. Cueto was arrested in 1999 and, following an investigation by the State Attorney’s Office, he pled guilty to one count of unlawful compensation, a third degree felony. Over a period of six years, until his 1999 arrest, Cueto settled approximately 35 injury claims cases through county adjusters using an illegal kickback system.
• Paul Drager, Peekskill, N.Y., disbarred from practicing law in Florida, effective 30 days following a March 14 court order. On Nov. 13, 2000, the Supreme Court of the State of New York entered into an opinion and order disbarring Drager by default for the practice of law in the state of New York for failing to respond to charges against him. Drager did not notify the Florida Supreme Court within 30 days of the effective date of disbarment and failed to appear before the Bar regarding the matter.
• Thomas P. Hall, Port Charlotte, resigned in lieu of disciplinary proceedings, with leave to seek readmission after five years, effective immediately following a Feb. 21 court order. No cases were pending against Hall on the effective date of his disciplinary resignation.
• Peter Ellis Kelly, Sanibel, suspended from practicing law in Florida for 91 days, effective 30 days following a March 7 court order. Kelly entered into a contingency fee agreement to represent a client in a workers’ compensation suit, but failed to file a required workers compensation agreement regarding his fee with the workers’ compensation court, or file a notice of appearance. Kelly failed to protect the client’s interest upon termination of representation. He also brought a frivolous action against the client after his representation was terminated and violated rules regulating trust accounts.
• Lavenia Dianne Mason, Miami, disbarred from practicing law in Florida, effective 30 days following a March 14 court order. Mason violated rules regulating trust accounts. An audit of Mason’s trust account revealed eighty-two unidentified transfers from the trust account to her operating account, totaling $252,500. The audit also revealed trust account shortages.
•James H. McCarty, Gainesville, suspended from practicing law in Florida for 91 days, effective 30 days following a March 14 court order. McCarty failed to act with reasonable diligence and promptness in representing a client, keep a client reasonably informed about the status of a matter, and keep explain a matter to the extent reasonably necessary to permit a client to make informed decisions regarding the representation.
•Jeffrey Lee Meldon, Gainesville, reprimanded for professional misconduct following a Feb. 28 court order. Meldon observed a client in possession of marijuana while she was pending sentencing for a strong armed robbery charge and had been released on bond. Meldon was limited in his professional judgment by failing to advise the client to cease activities that would violate the conditions of her bond release. By failing to withdraw from the representation of the client, he was in violation of the Rules of Professional Conduct.
• Jeffrey A. Miller, Boca Raton, reprimanded for professional misconduct following a March 14 court order. Miller failed to act with reasonable diligence and promptness in representing a client.
• Kevin Alan Morrison, Miami, disbarred from practicing law in Florida, effective 30 days following a March 14 court order. In several unrelated matters, Morrison failed to act with reasonable diligence and promptness in representing a client, provide competent representation to a client, and keep a client reasonably informed about the status of a matter. He also failed to respond to Bar inquiries into his conduct.
• Howard L. Schwartz, Boca Raton, reprimanded for professional misconduct following a March 21 court order. By using his law firm stationary to communicate with an insurance client regarding insurance based tax planning, Schwartz created the possibility that a person could have been misled to think that the services to be performed by him were legal in nature.
• Gordon Shuminer, suspended from practicing law in Florida for three years, effective retroactive to Sept. 5, 2001, following a March 21 court order. Shuminer is further placed on probation for three years. Shuminer was found guilty of purchasing cocaine.
• Elliot Silver, Alexandria, Va., suspended from practicing law in Florida for 90 days, effective retroactive to July 21, 1999, following a March 21 court order. Silver was arrested in July 1999 and charged with possession of marijuana, cocaine, controlled substance and drug paraphernalia.Silver immediately contacted Florida Lawyers Assistance, Inc. (FLA) and entered into a rehabilitation contract. He is currently a member in good standing of The Florida Bar.
• James L. Soule, Ft. Lauderdale, suspended from practicing law in Florida for 10 days, effective 30 days following a Feb. 28 court order. In two unrelated matters, Soule failed to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
• David Joseph Szempruch, Naples, resigned in lieu of disciplinary proceedings, with leave to seek readmission after five years, effective 30 days following a Feb. 28 court order. Szempruch allegedly misappropriated client funds, and failed to maintain required trust account records.
• Michael Lee Von Zamft, Miami, reprimanded for professional misconduct following a March 21 court order. Von Zamft attempted to influence a judge and engaged in conduct prejudicial to the administration of justice.
• Charles Louis Weissing, Tampa, suspended from practicing law in Florida for 60 days, effective 30 days following a March 14 court order. Weissing failed to keep a client reasonably informed about the status of a matter and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Weissing also failed to respond to an official inquiry into his conduct.