from staff
The Florida Bar announced recently that the Florida Supreme Court in recent court orders suspended 14, disbarred three, reprimanded two and placed one attorney on probation. None of the attorneys are from the Jacksonville area or are members of the Jacksonville Bar Association. The following attorneys were disciplined:
• E. Scott Nunley, West Palm Beach, permanently disbarred from the practice of law in Florida, effective immediately, following a Dec. 29 court order. Nunley was suspended from the practice of law on an emergency basis on Sept. 28, 2005, based on allegations of trust account violations. Nunley was disbarred by the Supreme Court on May 4, 2006, but continued to practice law.
• E. Benton Kay, Bradenton, disbarred from practicing law in Florida, effective immediately following a Dec. 14 court order. Kay failed to provide competent representation to a client, charged and collected illegal, prohibited or clearly excessive fees or costs, failed to communicate the basis or rate of fee or costs to a client, failed to decline or terminate representation, and failed to protect a client’s interest upon withdrawal.
• Scott Goodman Ryals, North Palm Beach, disbarred from the practice of law in Florida for five years, effective immediately, following a Dec. 21 court order. Ryals failed to abide by a client’s decisions concerning the objectives of representation and failed to consult with the client as to the means by which they were to be pursued, entered into an agreement for, charged, or collected an illegal, prohibited or clearly excessive fee or cost, failed, upon termination of representation, to take steps to the extent reasonably practicable to protect a client’s interest, knowingly made a false statement of material fact in connection with a bar disciplinary matter, and engaged in conduct intended to disrupt a tribunal.
• Wade Gunnar Anderson, Atlanta, Ga., suspended from the practice of law in Florida for 91 days, effective 30 days following a Dec. 29 court order. Anderson repeatedly failed to attend Ethics School as ordered by the Supreme Court.
• Alain Armand, Miami, suspended from practicing law in Florida for 30 days, effective 30 days from a Dec. 14 court order. Armand failed to provide competent representation for a client, 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 entered into an agreement for, charged or collected an illegal, prohibited or clearly excessive fee.
• Grace Ann-Marie Baugh, Plantation, suspended from practicing law in Florida for two years, effective 30 days from a Dec. 14 court order. Baugh committed an act unlawful or contrary to honesty and justice, failed to obey a subpoena served upon her and therefore was cited for contempt of court, failed to act with reasonable diligence and promptness in representing a client and failed to comply with the rules regulating trust accounts.
• Milton Hargraves Baxley III, Gainesville, suspended from practicing law in Florida, effective 30 days from Dec. 18, following a Dec. 19 court order. He was found guilty of two felony counts of criminal contempt of court on Nov. 2, 2006. Baxley knowingly and willfully violated the terms of an injunction issued against him by directly and indirectly preparing and assisting in preparing correspondence with the Internal Revenue Service on behalf of two individuals who hired and paid him for his services.
• D. Frank Buker, Fort Lauderdale, suspended from practicing law in Florida for 60 days, with the suspension going into effect the date he becomes current with his Continuing Legal Education Requirement delinquency and pays his 2005 and 2006 Bar dues, following a Dec. 14 court order. The suspension shall remain in effect until further order of the court. Buker failed to pay membership fees and comply with continuing legal education requirements, failed to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information, entered into an agreement for, charged or collected an illegal, prohibited or clearly excessive fee, and practiced law in a jurisdiction where doing so violated the regulation of the legal profession in that jurisdiction.
• Suzanne Consagra, Tampa, suspended from practicing law in Florida for 91 days, effective Dec. 13, following a Dec. 19 court order. Consagra, by order dated Sept. 15, 2004, was suspended from the practice of law for 60 days and placed on probation for three years. On April 25, 2006, The Florida Bar filed a Petition for Contempt and Order to Show Cause based on Consagra’s failure to abide by the terms and conditions of her probation, including attending and completing a trust accounting workshop.
• Arturo Dopazo III, Palmetto Bay, suspended from practicing law in Florida for 10 days, effective immediately, and is further placed on probation for three years, effective immediately following a Dec. 21 court order. Dopazo failed to maintain minimum trust account records and failed to follow minimum trust accounting procedures.
• Robert Emerson Jackson Jr., Lakeland, suspended from practicing law in Florida for three years, effective retroactive to Sept. 13, 2006, following a Dec. 14 court order. On May 31, 2006, Jackson pled no contest to four third-degree felony counts of conversion of escrow or trust funds in an amount greater than $300. Jackson engaged in conduct that is unlawful or contrary to honesty and justice, engaged in conduct in connection with the practice of law that is prejudicial to the administration of justice, and committed a criminal act that reflects adversely on his honesty, trustworthiness or fitness as a lawyer in other respects.
• Daniel Bennet Lazar, Miami, suspended from practicing law in Florida, effective 30 days from a Dec. 11 court order. Lazar had adjudication withheld Nov. 15, 2006, in pleading no contest to two felony counts of first-degree grand theft and Mortgage Transaction Fraud.
• David William Iverson, Weston, reprimanded following a Dec. 14 court order. Iverson failed to make reasonable efforts to ensure that the conduct of a non lawyer associated with him was compatible with the professional obligations of his practice.
• Jeffrey Alan Schwartz, North Miami Beach, suspended from the practice of law in Florida for 45 days, effective Dec. 22, following a Dec. 13 court order. Schwartz failed to provide competent representation for a client, failed to act with reasonable diligence and promptness in representing a client and failed to make reasonable efforts to expedite litigation consistent with the interests of the client.
• Michael Blane Staley, Ocala, suspended from the practice of law in Florida for six months, effective retroactive to June 29, 2006, following a Dec. 14 court order. Staley failed to act with reasonable diligence and promptness in representing a client, failed to keep a client informed about the status of a matter, failed to promptly comply with reasonable requests for information and failed, upon termination of representation, to take steps to the extent reasonably practicable to protect a client’s interest.
• Gerald Augustus Tavares, Palm Harbor, suspended from the practice of law in Florida for six months, effective retroactive to April 4, 2003, following a Dec. 21 court order. Tavares failed to pay Florida Bar membership dues and was representing a client while ineligible to practice.
• Paul Gilberto Velez, Tampa, suspended from the practice of law in Florida for 18 months, effective retroactive to June 19, 2006, and placed on probation for three years, following a Dec. 14 court order. Velez had been suspended for the felony offense of driving while his license was suspended or revoked. He knowingly made a false statement of material fact, failed to disclose a fact necessary to correct a misapprehension and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation.
• Dolores Lori Wheeler, Orlando, suspended from the practice of law in Florida for one year, to run consecutive to the suspension imposed on Sept. 21, 2006, following a Dec. 14 court order. Wheeler failed to provide competent representation for a client, 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, entered into an agreement for, charged or collected an illegal, prohibited or clearly excessive fee, knowingly made a false statement of material fact or law to a tribunal and engaged in conduct in connection with the practice of law that is prejudicial to the administration of justice.
• Paul Kurt Mildenberger, Riviera Beach, reprimanded following a Dec. 21 court order. Mildenberger committed an act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects. On Feb. 21, 2006, he pled no contest to driving under the influence.
• Jacquelyn Renee Oxendine, Orlando, placed on probation, until further court order effective immediately following a Dec. 1 court order and ordered to be evaluated to determine her fitness to practice law. Oxendine appears to be causing great public harm by behaving in a manner indicating that she may be suffering from severe mental health problems that affect her ability to competently practice law.