from staff
Jacksonville attorney Wayne Dilburn Clance was suspended by The Florida Bar for one year, effective immediately, and ordered to pay restitution pursuant to a June 28 court order. Clance quoted a client a fee for filing a bankruptcy petition. He subsequently increased the fee, which the client paid, but did not file the bankruptcy petition, return the client’s telephone calls or refund the fee.
The Bar also announced that the Florida Supreme Court in recent court orders disciplined 17 attorneys, disbarring five, permanently enjoining one from the practice of law in Florida, finding one guilty of indirect criminal contempt, suspending nine, placing one on probation and reprimanding one. Restitution was ordered in two cases and attendance at ethics school was ordered in one case. Some attorneys received more than one form of discipline.
The following lawyers are disciplined:
• David George Zanardi, San Antonio, Texas, disbarred effective 30 days from a June 28 court order. Zanardi falsified divorce records and created sham documents so that he could borrow money against a home he jointly owned with his then wife. He also was engaged in the unlicensed practice of law in the Commonwealth of Virginia and resigned from a Washington, D.C. firm when he was requested to produce proof of licensure to practice in the District of Columbia. Finally, he shared his legal fees with a nonlawyer as part of a retainer agreement.
• Fernando Garcia, Miami, disbarred effective 30 days from a June 28 court order. Garcia had overdrafts in his trust accounts, failed to keep and maintain complete trust account records and failed to produce all records identified in the Bar’s subpoena.
• David Thomas Perez, Hialeah, disbarred effective immediately pursuant to a June 28 court order. Perez failed to appear and produce records to The Florida Bar under order of the court. He was involved in a real estate transaction in which the closing statement revealed substantial irregularities and misrepresented his role in a title company in response to a Bar inquiry.
• Perry S. Reich, Jamaica, N.Y., disbarred effective immediately, pursuant to a June 7 court order. In March 2006, Reich was found guilty by the U.S. District Court, Eastern District of New York of three felonies, including forgery of a judge’s signature and obstruction of justice. He was disbarred in New York in May 2006.
• Delores Lori Wheeler, Orlando, disbarred, effective immediately, pursuant to a June 21 court order. In numerous instances, Wheeler failed to appear at routine court hearings and neglected to notify clients of her failure to appear. In all, she was found guilty of six counts, three of them related to her failure to provide clients with competent representation and her failure to keep clients reasonably informed of the status of their cases and to promptly reply to requests for information.
• Alexander Osondu Akpodiete, Atlanta, Ga., placed on an indefinite period of probation, effective immediately, pursuant to a June 11 court order. The probation will remain in place until he pays a $9,193 judgment against the Akpodiete Law Group, P.A. Akpodiete failed to respond in writing to an official inquiry by The Florida Bar.
• Brian Edward Norton, Tallahassee, permanently enjoined from the practice of law in Florida and found guilty of indirect criminal contempt, pursuant to a June 14 court order. Norton, whose license was suspended at the time, represented an individual who faced criminal charges. With regard to the finding of indirect criminal contempt, the court sentenced Norton to a suspended sentence of five months, with the condition that he serve the sentence should he violate the injunction enjoining him from the unauthorized practice of law.
• Anthony Alvarez, Miami, suspended for 90 days, effective 30 days from a June 21 court order and directed to attend and successfully complete Ethics School. Alvarez represented a number of clients referred to him by a local church in immigration matters, charging a reduced fee. He did not have a written retainer agreement and did not maintain records or receipts of payments made by clients and, in one case, submitted a letter to an immigration judge in which he acknowledged inadequate representation of a client. He also failed to competently represent, did not act with reasonable diligence and promptness in representing a client and did not explain a matter sufficiently to permit a client to make informed decisions.
• Mark Irwin Blumstein, Weston, suspended for two years, effective immediately, pursuant to a June 28 court order. Blumstein failed to competently represent a client, which resulted in the client’s corporation being financially punished with a large money judgment. Blumstein did not tell the client that a judgment had been entered against him and lied to Bar investigators regarding his failure to respond to earlier inquiries. He also failed to timely pay child support obligations.
• Richard Mark Creel, Naples, to receive a public reprimand, pursuant to a June 7 court order. Creel was negligent in handling client matters, did not adequately communicate with clients and did not timely respond to the Bar’s investigative inquiries.
• Patrick Joseph Dooley, Pompano Beach, the subject of a June 13 emergency suspension order. Dooley is not to accept new clients and must cease representing any clients after 30 days from the date of the order. He also must get Florida Supreme Court approval before disbursing or withdrawing any money from trust accounts. After receiving notice from Dooley’s bank that two trust account checks had been returned because of insufficient funds, the Bar determined the shortage in his trust accounts had fluctuated between $129,939 and $309,636 because he was using trust funds for personal purposes.
• Bernardo Motola, Miami, suspended for three years retroactive to April 1, 2006, pursuant to a June 21 court order. On April 10, 2006, Motola pled guilty to reduced misdemeanor charges of three counts of stalking, one count of violation of an injunction and one count of battery and was sentenced to six years of probation with special conditions. Remaining charges were dismissed by the Miami-Dade State Attorney’s Office.
• Mitchell J. Olin, Fort Lauderdale, subject of a June 19 emergency suspension order. Olin is not to accept new clients and must cease representing any clients 30 days from the date of the order. He also must get Florida Supreme Court approval before disbursing or withdrawing money from trust accounts. The Court found that Olin appears to be causing great public harm by misappropriating client trust funds or property.
• David Howard Roberts, Pinellas Park, suspended for 18 months retroactive to June 27, 2006, pursuant to a June 28 court order. Roberts transported several firearms from his office to a friend’s house. Roberts and an individual at the friend’s house had a verbal altercation, at which point Roberts removed an unloaded shotgun from his car and pointed it at the individual. He was placed on probation for five years, after being adjudicated guilty of the felony offenses of aggravated assault and carrying a concealed firearm.
• Joseph Raymond Rowe Jr., Tampa, suspended for 30 days, effective 30 days from a June 7 court order. Rowe failed to respond to two Bar inquiries regarding potentially false and misleading language in his advertisements, including use of the words “libre de cargos” (free of charges) and his firm’s name, “Unidos Servicios de Inmigracion” (United Immigration Services).
• Catherine Elizabeth Timilty, St. Petersburg, suspended for one year, effective 30 days from a June 21 court order. Timilty committed an act that is unlawful or contrary to honesty and justice and violated or attempted to violate the Rules of Professional Conduct or knowingly assisted or induced another to do so. She also engaged in conduct involving dishonesty, fraud, deceit or misrepresentation.