Supreme Court disciplines 13


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  • | 12:00 p.m. December 10, 2002
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The Florida Supreme Court has disciplined 13 attorneys, including nine suspensions, three reprimands and one disbarment. In addition, the Court accepted the disciplinary resignation of four others. The actions are from the most recent court orders.None were from the North Florida area.

Disbarred

Norman Edward Ganz, Ft. Lauderdale. Among his many rule violations, Ganz permitted his paralegal to engage in the unlicensed practice of law, charged an excessive fee, and represented clients with adverse interests. He also failed to abide by a client’s decision to act with reasonable diligence and promptness in representing a client, and to explain a matter to the extent reasonably necessary to permit a client to make informed decisions regarding the representation.

Suspended

John J. Anastasio, Port Saint Lucie. An audit of Anastasio’s trust account revealed shortages. The audit also revealed that Anastasio failed to maintain certain required trust account records. He also failed to provide competent representation and act with reasonable diligence and promptness in representing a client.

Richard A. Colegrove Jr., Sanford. Colegrove hired a former attorney who had been disbarred by the Supreme Court of Florida. When Colegrove learned that his employee had been disbarred, he failed to notify the Bar. Colegrove also allowed the employee to have direct client contact without his supervision and to speak with opposing counsel. Colegrove made payments to the disbarred attorney that were referred to as ‘co-counsel fees’ in his firm’s General Ledger report and Income Statement.

J.J. Daiak, Tarpon Springs. Daiak abandoned his law practice and was served with a contempt order because he failed to appear at a deposition and disregarded subpoenas ordering his to do so. Daiak also failed to respond to Bar inquiries into his conduct.

Michael Augustine Foulkes, Miami. Foulkes abandoned his law office and client files. Several clients have filed complaints with the Bar as a result of the abandonment of their cases.

Alexander J. Hersha, Naples. Hersha violated several rules regulating trust accounts.

Kristopher A. Hollands, San Marino, Calif. Hollands was convicted of mail fraud, a felony.

Douglas Andrew Hutcheson, Fort Walton Beach. Hutcheson was indicted by a grand jury on a felony charge of submission of false voter registration information. Based on false voter registration information, Hutcheson ran for public office in a district where he had no residence, and was elected as an Okaloosa County commissioner.

Demetrios Chris Kirkiles, Ft. Lauderdale. Kirkiles is further placed on probation for one year. Kirkiles failed to act with reasonable diligence while representing clients in unrelated matters. He also failed to supervise his support staff.

Jeffrey David Knowlton, Melbourne. Knowlton failed to act with reasonable diligence and promptness and to provide competent representation while handling an estate case. He also violated rules regulating trust accounts.

Resigned

William Ray Dickey, Clearwater. Allegations against Dickey involve conflict of interest, prohibited transactions, false statements, failure to disclose facts necessary to correct a misapprehension, fraud, forgery, and criminal misconduct.

Leslie Faye Hecker, Miami. Allegations against Hecker involve an audit and investigation regarding the handling of her trust account.

Frank Theodore Johnson, Tampa. Johnson allegedly failed to notify a client of a settlement from 1989, until the client contacted him in 2000. He also allegedly failed to take any action on behalf of a client after he was paid $1,200.

Donald Miller, Tampa. He allegedly failed to perform legal services for which he was hired, to comply with certain Rules of Appellate Procedure in a criminal matter, to comply with three court orders which resulted in his being discharged as counsel by the Second District Court of Appeals, and to comply with official inquiries by the Bar.

Reprimanded

David Forestier Jr., North Miami. Forestier failed to provide competent representation to a client, to act with reasonable diligence and promptness in representing a client, and to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

George Hoffman, Palm Beach Gardens. Hoffman knew that unrepresented individuals misunderstood his role in a matter, yet failed to make reasonable efforts and take proper precautions to correct their misunderstanding.

David James Stern, Plantation. Prior to 1999, Stern’s law firm filed potentially misleading affidavits in connection with abstraction work performed for foreclosures handled by the firm. Stern used personnel employed by his law firm to do the abstracting work rather than employees of his title company.

— 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.

 

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