The Florida Supreme Court in recent court orders suspended eight attorneys, disbarred four, accepted the resignation of three, reprimanded two and placed one attorney on probation, including James Vance Walker of Ponte Vedra Beach, who was suspended from practicing law in Florida for 10 days, effective Nov. 21, 2003 following a Dec. 8, 2003 court order. Walker 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 for failing to promptly comply with the reasonable request for information; and failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Here are the lawyers who were disciplined:
• Robert Michael Arcaini, Hialeah, suspended from practicing law in Florida for two years, effective retroactive to April 12, 2001 following a Nov. 6, 2003 court order. Arcaini engaged in conduct that is prejudicial to the administration of justice and declined or terminated representation.
• Gilbert Carrillo, Davie, suspended from practicing law in Florida for 30 days, effective 30 days following a Nov. 6, 2003 court order. Among several Bar violations, Carrillo committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; engaged in conduct involving dishonesty, fraud, deceit or misrepresentation; and engaged in conduct in connection with the practice of law that is prejudicial to the administration of justice.
• Robert Ian Claire, Boca Raton, disbarred from practicing law in Florida, effective immediately following a Dec. 11, 2003 court order. Among several Bar violations, Claire failed to comply with The Florida Bar rules regulating trust accounts; failed to act with reasonable diligence and promptness in representing a client; committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation.
• James Gaultney Etheredge, Ft. Walton Beach, resigned in lieu of disciplinary proceedings without leave to seek readmission, effective 30 days following a Nov. 6, 2003 court order. At the time of Etheredge’s resignation, he was under investigation for several pending cases, including allegedly failing to file monthly psychiatric reports and failing to pay monthly monitoring fees; failing to advise clients of the dismissal of suits or his option of rehearing or appeal; and engaging in false, misleading, and deceptive advertising.
• Jeffrey Martin Herman, Aventura, resigned in lieu of disciplinary proceedings with leave to seek readmission after five years, effective 30 days following a Nov. 20, 2003 court order. At the time of Herman’s resignation, he was under investigation for several pending cases concerning allegations of neglect; misuse of funds and trust accounting violations; and conduct prejudicial to the administration of justice.
• Robert Carroll Hesson, Oakland, Md., suspended from practicing law in Florida for 91 days, effective 30 days following a Nov. 6, 2003 court order. Among several Bar violations, Hesson failed to pay annual Bar membership fees and failed to comply with continuing legal education requirements; engaged in practicing law while a delinquent member; and failed to respond, in writing, to an official inquiry by Bar counsel.
• Kristopher A. Hollands, San Marino, Calif., disbarred from practicing law in Florida, effectively immediately following a Nov. 20, 2003 court order. On April 22, 2002, Hollands was convicted of mail fraud in California, a felony. Hollands participated in criminal misconduct; committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaged in conduct prejudicial to the administration of justice.
• Cheryl Johnson Howard, Princeton, N.J., disbarred from practicing law in Florida, effective immediately following a Nov. 20, 2003 court order. Howard failed to respond, in writing, to official inquiries by Bar counsel.
• Carolyn Karettis, Ft. Lauderdale, reprimanded for professional misconduct following a Nov. 26, 2003 court order. Karettis engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and failed to promptly notify the client or third person upon receiving trust account funds.
• Kathleen Ann Kearney, Tallahassee, suspended from practicing law in Florida for 91 days, effective 30 days following a Dec. 11, 2003 court order. Kearney failed to provide the Bar with a change of address and failed to respond, in writing, to any official inquiry by Bar counsel or a disciplinary agency when conducting an investigation.
• Jay M. Kolsky, Miami, reprimanded for professional misconduct following a Nov. 6, 2003 court order. In representing a client, Kolsky knowingly made a false statement of material fact or law to a third person.
• Edward Paul Kreiling, Weston, permanently disbarred from practicing law in Florida, effective immediately following a Dec. 11, 2003 court order. Among several Bar violations, Kreiling violated The Florida Bar rules regulating trust accounts; committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.
• Jorge Enrique Luna Jr., Orlando, suspended from practicing law in Florida for 91 days, effective 30 days following a Dec. 11, 2003 court order. Among several Bar violations, Luna failed to provide a client with competent representation; failed to act with reasonable diligence and promptness in representing a client; and neglected to keep a client reasonably informed about the status of a matter.
• Joseph Pardo, Miami Beach, suspended from practicing law in Florida for 90 days, effective 30 days following a Dec. 11, 2003 court order. Pardo failed to adequately communicate with a person represented by counsel and failed to provide competent representation to a client.
• Donald Vaughn Phillips, Tallahassee, suspended from practicing law in Florida for 10 days, effective 30 days following a Nov. 20, 2003 court order. Phillips failed to act with reasonable diligence and promptness in representing a client; failed to keep a client 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.
• Rose J. Spano, Lighthouse Point, placed on probation for one year, effective immediately following a Dec. 4, 2003 court order. In addition, Spano must enter into an agreement with Florida Lawyers Assistance, Inc. Spano committed a criminal act that reflects adversely on her fitness as a lawyer.
• Robert Eugene Tamm, Daytona Beach, resigned in lieu of disciplinary proceedings without leave to seek readmission, following a Nov. 13, 2003 court order. At the time of Tamm’s resignation, he was under investigation concerning allegations that he misappropriated estate funds while in the capacity of personal representative and counsel of record.