The Florida Bar, the state’s guardian for the integrity of the legal profession, recently announced that the Florida Supreme Court has disciplined 21 attorneys, disbarring seven, suspending 10 and placing two on probation.
Jacksonville attorney Michael Davie was suspended for 91 days, effective 30 days from a Dec. 11, 2009 court order. He was admitted to the Florida Bar in 1983. Upon reinstatement, Davie will be placed on probation for one year. He shall also pay restitution in the amount of $15,000 plus interest to one client or the client’s heirs. Davie charged an excessive retainer fee — $20,000, and after being fired and replaced by another attorney, he refused to refund the money as promised. Davie also misstated his disciplinary history.
Some attorneys received more than one form of discipline. Four attorneys were publicly reprimanded. Three were ordered to pay restitution.
The following lawyers are disciplined:
• Mary McDowell Callaway of Pensacola was disbarred effective immediately, following a Dec. 16, 2009 court order. Callaway engaged in gross misconduct in mishandling numerous veterans’ guardianship and probate cases. She was issued 40 orders to show cause for failure to timely file accountings in those cases, and was cited for contempt and/or removed as guardian in 22 cases by the court. Callaway also neglected clients in numerous cases.
• Gerald John D’Ambrosio of Boca Raton, disbarred effective immediately, following a Nov. 12, 2009 court order. D’Ambrosio engaged in the practice of law while suspended.
• Howard Seth Gaines of Boca Raton was disbarred for five years, effective retroactive to May 18, 2009, following a Nov. 12, 2009 court order. In December 2008, a jury found Gaines guilty of conspiracy to commit mail and wire fraud, both felonies. He was sentenced to 96 months imprisonment and ordered to pay a fine of $15,000 and restitution of nearly $423,000. Upon release from prison, Gaines will be on probation for three years.
• Andrew Mark Jacobson of Orlando was permanently disbarred effective immediately, following an Oct. 15, 2009 court order. In April 1993, Jacobson was disbarred for misappropriating client trust funds. He continued to engage in the practice of law after he was disbarred.
• Scott Henry Lebowitz of Coral Springs, disbarred for five years, effective retroactive to Dec. 8, 2008, following a Dec. 10, 2009 court order. Further, Lebowitz shall pay restitution of $6,458.34 to an estate. Lebowitz failed to diligently handle an estate and misappropriated client funds.
• Marvin Lee Stull of St. Petersburg was disbarred for five years, effective retroactive to August 12, 2009, following a Dec. 10, 2009 court order. Stull improperly withdrew funds from several client bank accounts for his personal use. In one case, the client was deceased. Stull also was arrested and jailed for failure to appear in court. He was found to be in indirect criminal contempt and sentenced to probation.
• Robert G. Udell of Stuart was disbarred effective immediately, following an Oct. 29, 2009 court order. Udell agreed to represent a client in a criminal case and he failed to keep a portion of the $50,000 fee in trust as required. Also, between 2005 and 2008, Udell submitted fee affidavits and motions for attorney’s fees which contained false information about the services he performed on behalf of several clients.
• Charles Daniel Akes of Lakeland was suspended for 91 days, effective 30 days from a Dec. 14, 2009 court order. As a condition of reinstatement, Akes must receive a recommendation from Florida Lawyers Assistance, Inc. The court found Akes in contempt for failing to comply with orders in two separate cases.
• Daniel Newton Brodersen of Winter Garden was suspended for one year, effective 30 days from a Dec. 3, 2009 court order. Brodersen misrepresented the truth in a case by backdating two letters for his benefit. He also lied under oath when questioned about the letters.
• Gary W. Gramer of Naples was suspended until further order, following a Dec. 14, 2009 court order. In September 2008, Gramer was found guilty in a New York court of grand larceny in the third degree, a felony. He was sentenced to three years of conditional discharge for his conviction.
• Sherry Grant Hall of Destin was suspended until further order of the Court, effective 30 days from an Oct. 9, 2009 order. Hall converted a lease agreement on pastureland that she rented to an agreement for sale of the property for her own benefit by changing the title of the agreement and language in the agreement. She then filed the fraudulent agreement for sale of the homeowners’ property with the clerk’s office. The recorded agreement was determined to have three forged signatures and Hall’s genuine signature on the document.
• Christine Marie Horn of Boynton Beach was suspended until further order, following a Nov. 16, 2009 court order. According to the petition for emergency suspension, Horn appeared to be causing great public harm by the misappropriation of client trust funds or property. A Bar audit was prompted by complaints concerning Horn’s handling of two separate probate estates. The audit revealed that trust account shortages rose from more than $3,000 in September 2006 to nearly $314,000 in October 2008.
• Richard Francis Joyner of Vero Beach was suspended until further order, following a Nov. 13, 2009 court order. According to the petition for emergency suspension, Joyner has caused serious harm to the public. In July 2009, Joyner won a personal injury case for a client and received a $50,000 settlement, but did not inform the client. He deposited the money into this trust account and by August, the trust account balance totaled less than $10,000.
• Randall Jeffrey Layman of Miami was suspended until further order of the court, following a Nov. 12, 2009 court order. According to the petition for emergency suspension, Layman appeared to be causing great public harm. He engaged in misconduct resulting in two suspensions and subsequent disbarment in Michigan and he failed to report those disciplinary sanctions, as required, to The Florida Bar.
• Carmen Vozzella of Fellsmere was suspended for one year, effective 30 days from an Oct. 29, 2009 court order. Vozzella worked with an attorney who was under disciplinary resignation and ineligible to practice law, and took no steps to supervise her or the paralegal who was based in another state. Vozzella also failed to maintain minimum trust accounting records and failed to follow minimum trust accounting procedures.
• Branch Lamar Winegeart, III of St. Johns was suspended for three years, effective retroactive to July 7, 2008, following a Dec. 10, 2009 court order. Additionally, prior to reinstatement, Winegeart is to be evaluated by Florida Lawyers Assistance and certified eligible to practice law. In several instances, Winegeart was retained to represent clients and failed to follow through. He consistently misrepresented the truth, failed to appear in court, failed to communicate with clients and charged excessive fees.
• Benjamin Raul Alvarez of Coral Gables, publicly reprimanded and placed on probation for six months effective immediately, following a Nov. 25, 2009 court order. Further, Alvarez shall pay restitution in the amount of $22,632.50 to one client. Despite numerous inquiries by a client and the judge, one year after receiving a $10,000 check for deposit into his trust account, Alvarez admitted that it had been misplaced and was never deposited. In another instance, Alvarez withdrew from a case following a fee dispute with the client. The lawsuit was subsequently dismissed and the client was not informed.
• Linda Amy Ann Cahill of Boynton Beach, publicly reprimanded following a Nov. 12, 2009 court order. Cahill assisted another lawyer in the practice of law during his suspension.
• William Cone Owen of Tallahassee was publicly reprimanded following a Dec. 3, 2009 court order. Owen ignored a judge’s instructions and consulted with a physician about the mental health of a client’s mother, who was represented by another attorney.
• Robert Brian Roemer of Palm Beach Gardens was publicly reprimanded following a Nov. 12, 2009 court order. Roemer entered into a business transaction with a client resulting in a prohibited conflict of interest, commingled his funds with trust funds and failed to properly render an accounting to the client. Roemer also neglected to maintain minimum trust account records and failed to show the minimum required trust accounting procedures.