The Florida Supreme Court disciplined 16 attorneys — disbarring six, revoking the license of one, suspending eight and publicly reprimanding one. Two attorneys were also placed on probation.
There were none from Jacksonville.
• William Robert Cohen, Fort Lauderdale, suspended until further order. (Admitted to practice: 1997) Cohen was found in contempt for failure to respond to an official Bar inquiry.
• John Christopher Getzinger, Coral Springs, disbarred. (Admitted to practice: 2009) In several instances, Getzinger engaged in the unlicensed practice of law. He failed to appear at a final hearing and failed to respond to an official Florida Bar inquiry. Getzinger also failed to adequately communicate with clients and to adequately supervise non-lawyer employees.
• Kendra Lee Jowers, Orlando, suspended for 30 days. (Admitted to practice: 2010) Upon automatic reinstatement, Jowers is further placed on probation for three years and will continue to actively participate in a Florida Lawyers Assistance program. Jowers pleaded no contest to driving under the influence, violation of driver’s license restriction and battery in three separate matters.
• Charles Jay Kane, Delray Beach, disbarred. (Admitted to practice: 1965) As a condition of readmission, Kane must satisfy a civil judgment. Kane’s law firm and two other firms were hired by health care providers for the purpose of representation in personal injury protection claims against insurance companies, including Progressive. It was determined that Progressive was systematically refusing to pay valid insurance claims. The law firms then filed bad-faith claims for clients. After receiving a $5.25 million settlement from Progressive, Kane and his son and business partner, Harley Kane, paid clients $672,000 and kept more than $4 million as attorneys’ fees. The bad-faith attorneys subsequently sued Kane and the other PIP attorneys and firms for unjust enrichment and fraud.
• Harley Nathan Kane, Delray Beach, disbarred. (Admitted to practice: 1993) As a condition of readmission, Kane must satisfy a civil judgment. Kane’s law firm and two other firms were hired by health care providers for the purpose of representation in personal injury protection claims against insurance companies, including Progressive. It was determined that Progressive was systematically refusing to pay valid insurance claims. The law firms then filed bad-faith claims for clients. After receiving a $5.25 million settlement from Progressive, Kane and his father and business partner, Charles Kane, paid clients $672,000 and kept more than $4 million as attorneys’ fees. The bad-faith attorneys sued Kane and the other PIP attorneys and firms for unjust enrichment and fraud.
• Darin James Lentner, Fort Lauderdale, disbarred. (Admitted to practice: 1991) Lentner’s law firm and two other firms were hired by health care providers for the purpose of representation in personal injury protection claims against insurance companies, including Progressive. It was determined that Progressive was systematically refusing to pay valid insurance claims. The law firms then filed bad-faith claims for clients. After receiving a $3 million settlement from Progressive, Lentner and business partner Laura Watson paid clients $361,000 and kept more than $2 million as attorneys’ fees. The bad-faith attorneys subsequently sued Lentner and the other PIP attorneys and firms for unjust enrichment and fraud
• Kelly Anne McCabe, Pinellas Park, to be publicly reprimanded by publication in the Southern Reporter. (Admitted to practice: 2004) Further, McCabe is placed on probation for one year. McCabe missed court deadlines, failed to follow court orders while handling appeals and demonstrated a lack of competence in appellate procedure. She also failed to timely respond to complaints. An audit of McCabe’s trust account revealed she failed to properly maintain her trust account records.
• Ashby A. McClanahan Jr., Sanford, suspended for 30 days. (Admitted to practice: 1978) McClanahan caused an overdraft in his trust account when he removed more than $69,000 of trust funds and placed the money in a safe deposit box at another bank. A Bar audit revealed McClanahan was not in substantial compliance with rules governing trust accounts. He also failed to properly pay his employer IRS tax obligation.
• Hector Pagan Jr., Ocala, disbarred. (Admitted to practice: 2006) Pagan closed his law practice without adequately notifying his clients. He did not communicate with them prior to nor after closing his practice and he failed to refund unearned fees and unexpended costs.
• Maria Elena Perez, Coral Gables, suspended for 91 days. (Admitted to practice: 2001) A Florida Bar referee found Perez, in the course of representing convicted Ponzi-schemer Nevin Shapiro, shared information obtained from bankruptcy witnesses with the NCAA to assist in its investigation of the University of Miami. In an unrelated criminal case, Perez failed to provide competent and diligent representation to a client.
• Neil Wayne Platock, Port St. Lucie, suspended for one year. (Admitted to practice: 1985) Platock was found in contempt for failure to comply with the terms of a Feb. 1 suspension order. Specifically, Platock was required to notify his clients, opposing counsel and tribunals of his suspension and provide the Bar within 30 days a sworn affidavit listing the names and addresses of people and entities that were furnished a copy of his suspension order.
• Tracy Preston Preece, Titusville, disbarred. (Admitted to practice: 1999) Preece failed to provide adequate communication or diligent representation to a client in a dissolution of marriage case. Preece also failed to respond to an official Bar inquiry and did not participate in the Bar discipline process.
• Christopher M. Stephenson, Orlando, suspended until further order. (Admitted to practice: 2002) Stephenson was found in contempt for failure to respond to an official Bar inquiry.
• Elizabeth Karen Touchton, Gainesville, to receive a disciplinary revocation with leave to seek readmission after five years. (Admitted to practice: 2010) Disciplinary revocation is tantamount to disbarment. Allegations of misconduct pending against Touchton included commingling trust funds, other trust fund violations and drafting a power of attorney for two elderly women in which she had sole discretion for compensating her legal services.
• Stephen Proctor Tourtelot, St. Petersburg, suspended until further order. (Admitted to practice: 2005) Tourtelot was found in contempt for failing to respond to an official Bar inquiry regarding a complaint.
• Robert Philip Tuerk, Philadelphia, Pa., suspended for three years. (Admitted to practice: 2002) Tuerk was found in contempt for failure to comply with the terms of a March 24 suspension order. Specifically, Tuerk was required to notify his clients, opposing counsel and tribunals of his suspension and provide the Bar within 30 days a sworn affidavit listing the names and addresses of all persons and entities that were furnished a copy of his suspension order.