from the Florida Bar news
The Florida Bar, the state’s guardian for the integrity of the legal profession, announced that the Florida Supreme Court in recent court orders disciplined 12 attorneys, disbarring four and suspending five.
Some attorneys received more than one form of discipline. Three attorneys were placed on probation; three attorneys were publicly reprimanded.
As an official arm of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 90,000-plus lawyers admitted to practice law in Florida.
Since Aug. 1, 2007, case files have been posted to attorneys’ individual Florida Bar profiles and may be reviewed at and/or downloaded from The Florida Bar’s website, www.floridabar.org.
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.
Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, fewer than 5 percent of disbarred lawyers seek readmission.
• Frank Michael Costanzo, 2800 Halcyon Ave., Baltimore, Md., permanently disbarred effective immediately, following a May 10 court order. (Admitted to practice: 1996) Costanzo violated a disbarment order of July 2, 2009, which prevented him from practicing law for 10 years. Nevertheless, Costanzo improperly represented himself as an attorney by continuing to practice law after his disbarment took effect. He misled opposing counsel via email by implying that he was employed by a New York law firm. (Case No. SC09-1573)
• Andrew Marc David, P.O. Box 273126, Boca Raton, disbarred effective retroactive to July 30, 2010, following a May 26 court order. (Admitted to practice: 1997) While a member of Attorney’s Title Insurance Fund Inc., David served as a closing and title agent in certain real estate transactions in which he failed to record mortgages and failed to pay off prior mortgages. A Bar audit found that David received real estate funds into his escrow account in connection with certain real estate transactions and did not apply those funds consistent with the specific purpose entrusted to him. (Case No. SC10-1659)
• Joyce Sibson Dove, P.O. Box 10426, Tallahassee, permanently disbarred effective immediately, following a May 25 court order. (Admitted to practice 1992) Dove violated a suspension order of May 2007, which prevented her from practicing law. Nevertheless, Dove practiced law after her suspension took effect by agreeing to handle an adoption case for a client, accepting an adoption fee and instructing the client to sign but not date official documents. In another matter, Dove created a conflict of interest by incessantly encouraging a couple of former clients that had adopted two babies to have an additional adoption. She also pressed for the couple to have an ongoing relationship between them and the birth mother, all of which was against the former clients’ stated wishes. (Case No. SC10-2123)
• Brandy Elaine Elliott, 4520 Hickory Forest Circle, Tallahassee, publicly reprimanded following a May 16 court order. (Admitted to practice: 2010) Elliott was conditionally admitted to The Florida Bar and placed on probation for two years based on alcohol and substance abuse issues. She was held in contempt of court for failing to strictly comply with the terms of the conditional admission order. (Case No. SC10-2158)
• John Leslie Gioiello, P.O. Box 1987, Panama City, publicly reprimanded and further placed on probation following a May 26 court order. (Admitted to practice: 1985) In the handling of two separate cases, Gioiello failed to adequately represent clients. He admitted to failure to communicate and in one instance, he improperly commingled funds. Gioiello’s negligence in another instance resulted in his client’s loss of a lien claim. (Case No. SC10-2340)
• Claude Robert Graham, 3165 McCrory Place, Suite 151, Orlando, suspended until further order, following a May 20 court order. (Admitted to practice: 2002) According to a petition for emergency suspension, Graham appeared to be causing great public harm by misappropriating client funds. A Bar audit found a trust account shortage of more than $165,000 at one point. (Case No. SC11-924)
• Jack Douglas King, 4572 S. Orange Blossom Trail, PMB 209, Orlando, suspended for 90 days, effective 30 days from a May 10 court order. Further, upon reinstatement, King is placed on probation for three years. (Admitted to practice: 2002) King failed to properly supervise and define roles for his employees who worked at law offices in different cities. King also assigned non-lawyers to tasks of a lawyer without supervision, allowing his name to be stamped on visa applications and other professional documents that he didn’t oversee. King showed incompetence in hiring a disbarred attorney for several months to assist with immigration cases. (Case Nos. SC09-1930 & SC10-1231)
• Gerald M. Kuchinsky, 633 S.E. Third Ave., Suite 202, Fort Lauderdale, publicly reprimanded following an April 21 court order. (Admitted to practice: 1977) Kuchinsky failed to deposit a $2,500 payment into trust, but deposited it into his operating account prior to his having earned the full amount. He failed to maintain certain trust accounting records and follow mandatory trust accounting procedures. He also failed to communicate appropriately regarding the status of his clients’ case. (Case No. SC10-2256)
• Henry Lee, 416 N. Lawrence St., Bushnell, suspended for 30 days, effective 30 days from a May 26 court order. Further, upon reinstatement, Lee is placed on probation for three years. (Admitted to practice: 1980) After a DUI arrest in 2009, Lee was adjudicated guilty in court and placed on 12 months’ probation. On the recommendation of a grievance committee, Lee entered into a three-year rehabilitation contract with Florida Lawyers Assistance Inc. Lee subsequently tested positive for drugs. He also failed to timely file all his monitoring reports with FLA, Inc. (Case No. SC11-102)
• Marc Allen Shelowitz, 208 S.E. Sixth St., Fort Lauderdale, disbarred effective immediately, following a May 26 court order. (Admitted to practice: 1994) Shelowitz demonstrated a continuous pattern of neglecting his clients. In numerous instances, Shelowitz accepted legal fees for work he knew he would not perform; he also charged excessive fees and abandoned his legal practice without informing clients. Shelowitz failed to respond to clients and the Bar regarding the cases. (Case No. SC10-2262)
• Robert Andrew Smoley, 20533 Biscayne Blvd., #648, Aventura, suspended until further order, following a May 3 court order. (Admitted to practice: 1978) Smoley was adjudicated guilty in U.S. District Court of one court of drug conspiracy and one count of conspiracy to launder money, both felonies. Smoley was sentenced to 40 months’ imprisonment and three years’ probation. (Case No. SC11-837)
• Bruce E. Warner, 400 S.E. Eighth St., Fort Lauderdale, suspended for 30 days, effective 30 days from a May 26 court order. (Admitted to practice: 1983) In multiple family law cases, Warner established on ongoing pattern of ineffective communication with clients, coupled with poor law office management. He performed legal services, but did not keep clients informed as to the status of their cases. Further, Warner never utilized written fee agreements. (Case No. SC10-2319)