DISCIPLINARY ACTION
News about the legal profession in Florida.
SEPTEMBER 1, 2019 DISCIPLINARY ACTIONS
The Florida Supreme Court in recent court orders disciplined 27 attorneys disbarring two, revoking the licenses of four, suspending 17, and reprimanding four. Eight attorneys received additional discipline. Six had periods of probation and two were ordered to pay restitution. Disciplinary revocation is tantamount to disbarment.
William Abramson, 3415 Broadway, Apt. 2, West Palm Beach, disciplinary revocation with leave to seek readmission after five years, effective immediately, following a June 20 court order. (Admitted to practice: 1992) Abramson had three disciplinary cases pending before a referee alleging that he engaged in disrespectful and confrontational behavior with two separate traffic magistrates; that he failed to comply with discovery requests leading to sanctions being imposed in a personal civil matter; and that he failed to appear before a grievance committee and produce documents. Abramson also had two other matters pending before a grievance committee alleging that after accepting a fee to represent two criminal defendants, he failed to properly communicate and diligently represent them. (Case No. SC19-717)
Jennifer P. Alessi, 13626 Greenfield Drive, Apt. 506, Tampa, suspended for 30 days, effective 30 days from a July 17 court order. (Admitted to practice: 1989) Alessi did not respond to the Bar’s request for trust account records. After the Bar filed a Petition for Contempt and Order to Show Cause, the Florida Supreme Court issued an Order to Show Cause, which Alessi failed to respond to. The court then held her in contempt. (Case No. SC19-722)
Richard Salvatore Amari, P.O. Box 66732, St. Petersburg, suspended until further order of the court, effective 30 days from a July 12 court order. (Admitted to practice: 1980) In May 2018, the state filed its Amended Felony Information charging Amari with Possession of Cocaine, a third-degree felony, and driving under the influence and refusal to submit to drug testing, misdemeanor offenses. Amari pleaded guilty to the three charges, with the court withholding adjudication on the felony offense. In January, he violated his probation for the felony charge and entered a plea of guilty to the possession of cocaine felony, a third-degree felony. (Case No. SC19-1154)
Michelle A. Barry, 300 N. Ronald Reagan Blvd., Suite. 312, Longwood, publicly reprimanded, effective immediately following a July 18 court order. (Admitted to practice: 2007) Barry is also required to complete The Florida Bar’s Ethics School and Trust Accounting Workshop. In a divorce case, a client paid the fee by credit card but soon after changed her mind about proceeding and asked Barry for a refund. In the subsequent fee dispute, Barry asked the client to sign a settlement agreement for the return of the unused cost deposit that included an improper clause requiring the client to waive her rights to file a Bar complaint. Barry ultimately made a full refund of the unused cost deposit. In a second case, after a client filed a complaint with the Bar, Barry sent the client emails with disparaging remarks. (Case No. SC19-312)
David Jay Bernstein, 450 Fairway Drive, Suite 104, Deerfield Beach, suspended for one year and ordered to pay restitution, effective August 2, following a July 3 court order. (Admitted to practice: 1994) Bernstein engaged in the unlicensed practice of law in Alabama while representing a client in post-conviction matters. In a second matter, while attempting to appear pro hac vice in Virginia, Bernstein filed a certification that falsely stated he had not been reprimanded in any court, nor had there been any action in any court pertaining to his conduct or fitness as a member of the Bar. (Case No. SC18-1458)
Christopher Louis Brady, 770 Sesame St., Englewood, permanently disbarred, effective immediately following a July 11 court order. (Admitted to practice: 2013) In July 2018, Brady was terminated as an associate attorney from Barak Law Group for cause. Afterward, he began holding himself out as the owner of Barak Law Group and contacted opposing counsel on several of the law firm’s cases to advise them to no longer communicate with owner Anthony Barak regarding their cases. On August 12, 2018, Brady and his brother burglarized the Barak Law Group’s office and the firm’s storage unit. Criminal charges still were pending against Brady and his brother at the time the Bar’s case was concluded. Despite an injunction obtained by Barak, Brady continued filing unauthorized papers and pleadings on behalf of clients of Barak Law Group while holding himself out as being affiliated with the law firm. He also represented his brother in an unrelated family law matter and filed at least six documents wherein the signature block showed his affiliation with Barak Law Group in direct violation of the injunction. (Case No. SC19-39)
Michael Jonathan Braunschweig, 5455 SW 8th St., Suite 255, Coral Gables, suspended until further order of the court effective 30 days from a July 11 court order. (Admitted to practice: 2011) Braunschweig did not respond to multiple inquiries from the Bar during an investigation into allegations of his misconduct and failed to respond to the Supreme Court’s Order to Show Cause. He will remain suspended until he fully responds in writing to the official Bar inquiry, and until further Order of the Court. (Case No. SC19-734)
Cary Martin Clennon, P.O. Box 29302, Washington, D.C., suspended for one year, effective 30 days from a June 6 court order. (Admitted to practice: 2006) This is a reciprocal discipline action, based on the District of Columbia Court of Appeals April 5, 2018, order. Clennon was appointed to represent a criminal defendant on appeal and failed to communicate and adequately represent him, with the court finally vacating his appointment. He also made a false statement to a tribunal. (Case No. SC18-2104)
Lysa Nichole Clifton, 4204 N. Nebraska Ave., Tampa, disciplinary revocation with leave to apply for readmission, effective 30 days from a June 27, court order. (Admitted to practice: 2012) Charges pending against Clifton included failure to perform services after being retained in one client matter; direct solicitation of a client in a high-profile criminal case; and pending criminal charges for driving under the influence in one matter and possession of a controlled substance and driving with a suspended license in another matter. (Case No. SC19-781)
Linda Schneider Faingold, 5334 Van Dyke Road, Lutz, reprimanded, effective August 3 following a July 17 court order. (Admitted to practice: 2005) Faingold was also ordered to attend Ethics School. Faingold failed to disclose the death of her estate client to either the court or opposing party before a scheduled mediation. She was unaware of her duty to do so and was of the mistaken belief that under Florida Statute, the putative personal representative could take actions for the benefit of the estate prior to appointment by the court. (Case No. SC19-259)
Kirk Joseph Girrbach, 112 N. Birch Road, Apt. 510, Ft. Lauderdale, disciplinary revocation with leave to seek readmission after five years, effective 30 days from a June 20 court order. (Admitted to practice: 1990) Charges pending against Girrbach at the time of the court order included his misuse of trust funds from a real estate closing and misrepresenting the status of a pending legal action. (Case No. SC19-534)
Brian Jay Glick, 54 SW 2nd Ave., Boca Raton, emergency suspension, effective 30 days from a July 2 court order. (Admitted to practice: 1981) Glick is charged with misappropriation of settlement funds held in trust; use of unrelated funds to satisfy a trust fund liability; making misrepresentations to The Florida Bar in response to the Bar’s investigation; and failing to produce and maintain required trust accounting documents and other required records. (Case No. SC19-1014)
Kelly Ann Greene, P.O. Box 547065, Orlando, suspended for three years effective immediately, following a July 12 court order. (Admitted to practice 1986) Greene was held in contempt of the court’s orders dated November 1, 2018, and January 2, 2019, for failing to comply with Rule 3-5.1(h) requirements of notifying clients, opposing counsel, and tribunals of her suspension. (Case No. SC19-564)
Blanca Perper Greenstein, 6748 Willow Wood Drive, Apt. 1306, Boca Raton, suspended for three years, effective July 27, following a June 27 court order. Greenstein hired a bookkeeper, who was recommended by her then husband, the CFO of her law firm. Greenstein gave the bookkeeper signatory authority over her trust account and did not conduct a background check, which would have uncovered a criminal record for theft. The bookkeeper misappropriated more than $100,000 from Greenstein’s trust account. After becoming aware of the thefts, Greenstein made immediate efforts to repay all monies that were misappropriated. (Case No. SC19-919)
Joshua T. Hauserman, 1800 Forest Hill Blvd., Suite A2, West Palm Beach, 91-day suspension with one year of probation upon reinstatement, effective 30 days from a June 20 court order. (Admitted to practice: 2007) Hauserman violated the terms of his probation in a Bar disciplinary case. (Case No: SC18-1477)
Jose Maria Herrera, 2350 Coral Way, Suite 201, Miami, disbarred for 10 years, effective 30 days from a July 17 court order. (Admitted to practice: 1986) Herrera raised frivolous claims, made misrepresentations to the court, suborned perjurious testimony, and raised false and/or frivolous claims of privilege in order to conceal relevant evidence. His abusive litigation tactics harmed his own client’s interests and caused prejudice to his client. The enhanced disbarment period of 10 years is based on his part in perpetrating a massive fraud upon the courts of South Florida (Case No. SC16-1323)
Andrew C. Hill, 6136 Cypress Hill Road, Winter Garden, public reprimand and a two-year period of probation, effective immediately following a June 27 court order. (Admitted to practice: 2007) Over an extended period of time, Hill failed to respond, in writing, to three separate Bar inquiries. Subsequently, respondent appeared and provided testimony during a sworn statement taken on February 12, 2019. (Case No. SC19-886)
Rosemary Anne Hill-Baitson, 2026 Henley Place, Ft. Myers, suspended for 18 months, effective 30 days from a June 27 court order. Hill-Baitson is also directed to attend The Florida Bar’s Ethics School and Trust Account Workshop. (Admitted to practice: 2004) While representing a couple fighting a foreclosure, Hill-Baitson failed to maintain a trust account, made deliberate and knowing misrepresentations to the presiding judge, and failed to communicate with her clients the basis for her fees. (Case No. SC18-1619)
Earl Mayberry Johnson, Jr., P.O. Box 40091, Jacksonville, suspended for six months, effective 30 days from a July 11 court order. (Admitted to practice: 1994) In 2011, the family of a man who pleaded guilty to attempted murder hired Johnson for $5,000 to pursue a post-conviction motion on the basis that the victim recanted her testimony. Over the course of three years, Johnson filed motions for new trial, to vacate the judgment and conviction, and to expedite a ruling. In the meantime, his client filed his own motions. Following inaction by the trial court, in 2016 the client’s family paid an additional $1,500 for a certiorari to speed the process along, which Johnson never filed. In 2016, the court denied pending motions, explained corrections needed, and allowed 60 days to file an amended motion, which Johnson never filed. Johnson refunded the family’s $1,500 and also successfully filed pleadings to preserve his client’s right to appeal. (Case No. SC18-32)
Scott Brian Kallins, 433 8th Ave. W., Palmetto, suspended for 18 months effective 30 days from a July 18 court order, with probation for a year upon reinstatement. (Admitted to practice: 1985) Kallins and Melton Harry Little represented a plaintiff in a case in June 2015. After the jury returned a verdict for the defendant, they offered tickets to a professional baseball game to the presiding judge, which he accepted. They soon after filed a motion for a new trial. After the judge accepted a second set of tickets to another baseball game, he granted the motion for a new trial. Following formal charges being filed by the Judicial Qualifications Commission in 2016, the judge resigned from the bench. (Case No. SC17-574)
Melton Harry Little, 433 8th Ave. W., Palmetto, suspended for 18 months effective 30 days from a July 18 court order, with probation for a year upon reinstatement. (Admitted to practice: 1986) Little and Scott Brian Kallins represented a plaintiff in a case in June 2015. After the jury returned a verdict for the defendant, they offered tickets to a professional baseball game to the presiding judge, which he accepted. They soon after filed a motion for a new trial. After the judge accepted a second set of tickets to another baseball game, he granted the motion for a new trial. Following formal charges being filed by the Judicial Qualifications Commission in 2016, the judge resigned from the bench. (Case No. SC17-490)
Edward Alan Martinez, 159 Madeira Ave., Suite 1, Miami, reprimanded following a July 18 court order. Martinez was also ordered to pay restitution of $6,500 to one client. (Admitted to practice: 2002) Martinez charged an impermissible fee in a foreclosure case and failed to comply with technical requirements for managing trust accounts. He voluntarily attended a trust account workshop to avoid future trust account problems. He was ordered to make restitution to the client in the amount of the impermissible fee. (Case No. SC18-1953)
Jonathan Seth Morris, P.O. Box 319, Ft. Lauderdale, disciplinary revocation, effective immediately following a June 20 court order. (Admitted to practice: 2007) It is alleged that Morris settled a client’s case without the client’s approval. Settlement funds in the amount of $21,500 were remitted to Morris and deposited by him in his trust account on February 7, 2018. Morris thereafter misappropriated the settlement funds. On or about December 21, 2018, Morris repaid the $21,500 to the client’s subsequent counsel. (Case No. SC19-787)
Andrew Spark, 1991 E. State Road 60, No. 1056, Valrico, suspended until further order of the court, effective 30 days from a July 15 court order. (Admitted to practice: 1991) In February 9, 2018, in Hillsborough County, Spark was charged with Introduction of Contraband to a Detention Facility and Soliciting Another to Commit Prostitution. On May 15, he pleaded guilty to the contraband charge and was sentenced to 56 months of probation. Adjudication was withheld. On February 16, 2018, in Pinellas County, Spark was charged with Introduction of Contraband to a Detention Facility and Soliciting Another to Commit Prostitution. He pleaded guilty in February to the contraband charge and was sentenced to five years of probation. Adjudication was withheld. Spark also pleaded guilty to the solicitation charge and was sentenced to 12 months of probation. Adjudication was withheld. (Case No. SC19-1163)
Eric Robert Stanco, 2390 Tamiami Trail, N., Suite 216, Naples, suspended for 10 days, with probation and completion of a rehabilitation contract with FLA, Inc., effective July 22, following a June 20 court order. (Admitted to practice: 2006) Stanco became delinquent in his Bar membership for failing to pay his diversion fee. He initially was unaware of the delinquency and continued to practice law. He incorrectly stated on his petition to reinstate his license that he had not practiced law during his delinquency. (Case No. SC19-904)
William DeForest Thompson, Jr., 2030 McGregor Blvd., Ft. Myers, suspended until further order of the court, effective 30 days from a July 15 court order. (Admitted to practice: 1988) The Bar received a notice of insufficient funds from Thompson’s bank, relating to his firm’s trust account. The Bar conducted an audit during which Thompson failed to provide monthly reconciliations or compliant client ledgers. The audit revealed that during a four-month period, he had misappropriated at least $14,071 of client funds. (Case No. SC19-1144)
Antonina Vaznelis, 8235 River Country Drive, Weeki Wachee, suspended for 60 days followed by a five-year period of conditional probation, effective 30 days from a July 3 court order. (Admitted to practice: 1990) Vaznelis was the successor trustee for a trust but was negligent in performing routine accountings for the trust’s assets and, as a result, failed to notice a fraudulent charge against the trust’s bank account from an outside source. By the time Vaznelis performed an accounting of the trust’s assets two years later, it was too late to recover the lost funds. Vaznelis refunded the amount of the fraudulent charge. The Bar’s ensuing audit of Vaznelis’ law office trust account revealed technical recordkeeping violations. Vaznelis’ misconduct violated the terms of her probation entered in a previous discipline case. (Case Nos. SC19-71 and SC19-104)
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 more than 107,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.
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 includes a rigorous background check and retaking the Bar exam.
OCTOBER 1, 2019 DISCIPLINARY ACTIONS
The Florida Supreme Court in recent court orders disciplined 22 attorneys, disbarring six, revoking the licenses of three, suspending 10, and reprimanding three. Three attorneys received additional discipline. Two had periods of probation and two were ordered to pay restitution. Disciplinary revocation is tantamount to disbarment.
Alexander Charles Annunziato, 12865 W. Dixie Highway, North Miami, suspended for 30 days, effective 30 days from an August 1 court order. (Admitted to practice: 2015) Annunziato was arrested and charged with possession of a controlled substance after attempting a purchase from an undercover detective. Thereafter, Annunziato was accepted into the drug court program. Upon his successful completion of the program, all criminal charges are expected to be dropped. (Case No. SC19-1230)
Gregory Vance Beauchamp, P.O. Box 1129, Chiefland, disciplinary revocation effective immediately following an August 1 court order. (Admitted to practice: 1974) Beauchamp misappropriated more than $200,000 of client funds from his trust account. (Case No. SC19-640)
Christopher M. Chestnut, 301 W. Bay St., Suite 1400, Jacksonville, permanently disbarred effective immediately following an August 22 court order. (Admitted to practice: 2006) In four combined grievance files, Chestnut was found guilty of failing to communicate with his clients and failing to diligently pursue their cases. He also made misrepresentations. As Chestnut is already disbarred, his permanent disbarment was effective immediately. (Cases No. SC18-1614)
James M. Corrigan, 700 S. Palafox St., Suite 200K, Pensacola, suspended effective immediately, following a June 6 court order, and a referee ordered appointed to make a recommendation as to discipline. Corrigan was adjudicated guilty in Escambia County Circuit Court of the felony charge of racketeering and sentenced to 34.5 months in state prison. (Case No. SC19-927)
Orlando Delgado, 8522 SW 102nd St., Miami, suspended for three years, effective nunc pro tunc to March 25, 2018, following a July 3 court order. (Admitted to practice: 1996) Delgado engaged in a short sale transaction in which his ex-wife was the seller and a limited liability corporation in which Delgado held exclusive ownership interest was the buyer. Four years later, ownership was transferred to Delgado. The short sale was required to be arms length, but Delgado’s interest in the limited liability corporation was not disclosed to the lender. Additionally, Delgado failed to timely respond to the Bar’s official inquiries regarding the matter. (Case No. SC18-813)
Joseph I. Harrison, 806 S. Douglas Road, Suite 200, Coral Gables, disciplinary revocation with leave to seek readmission after five years, effective 60 days from July 1, following an August 8 court order. (Admitted to practice: 2006) The Bar received an insufficient funds notice regarding two checks issued from Harrison’s trust account. Harrison said the checks had been paid and no clients harmed. After the Bar issued subpoenas to audit his trust account, Harrison submitted a Petition for Disciplinary Revocation. (Case No. SC19-1121)
Natalie Michelle Hutchinson, 6574 N. State Road 7, Coconut Creek, suspended for 90 days, effective 30 days from and August 22 court order and after afterward placed on probation for three years. (Admitted to practice: 2013) Hutchinson represented a client in a medical malpractice case and a personal injury case. She allowed the statute of limitations to run on the medical malpractice case, withdrawing from representation days before it expired and not responding to the client’s emails or phone calls. Responding to the Bar, Hutchinson falsely stated that the statute of limitations was four years, instead of two years. (Case No. SC19-605)
Daniel Stephen Lapina, 1300 N. Semoran Blvd., Suite 215, Orlando, disciplinary revocation with leave to seek readmission after five years, effective 30 days from an August 22 court order. (Admitted to practice: 2005) The Bar received notice that a check drawn on Lapina’s law office trust account was dishonored because of insufficient funds. A compliance audit revealed Lapina failed to maintain the account in substantial compliance with the Rules Regulating The Florida Bar, resulting in shortages. (Case No. SC19-991)
John Arthur Leklem, 133 E. Marks St., Suite, A, Orlando, public reprimand by publication, restitution, and two-year probation, effective immediately following an August 15 court order. (Admitted to practice: 1976) Leklem represented a homeowners’ association and failed to diligently handle the case and to maintain clear and adequate communication. In a second matter, The Florida Bar’s audit of his trust account revealed technical violations, but no evidence of misappropriation, and no client lost any money. (Case No. SC19-159)
Scott Maddox, P.O. Box 10768, Tallahassee, suspended 30 days from an August 15 court order and a referee ordered appointed to recommend discipline. (Admitted to practice: 1995) Maddox pleaded guilty to three felonies in the U.S. District Court for the Northern District of Florida. The charges related to Maddox’s role as city commissioner and a co-defendant paying him on behalf of companies to influence votes in their favor. (Case No. SC19-1373)
Moein Marashi, 400 N. Ashley Drive, Suite 1100, Tampa, permanently disbarred, effective immediately following an August 8 court order. (Admitted to practice: 2002) Marashi misappropriated at least $84,772 of a client’s funds in a wrongful death lawsuit. He was arrested and held in contempt of court by a 13th Circuit court judge. (Case No. SC18-2097)
Brett Allen Mearkle, 547 Selva Lakes Circle, Atlantic Beach, disbarred, effective immediately, following a July 25 court order, and ordered to pay $2,500 restitution to one client. (Admitted to practice: 2003) Mearkle was hired and paid $2,500 to handle a business bankruptcy. He failed to file the case and communicate with the client. In another case, after appearing for a client in federal court, Mearkle subsequently failed to appear in court and did not communicate with his client. In both cases, he did not respond to court inquiries and grievance complaints. (Case No. SC19-110)
Paula Elisabeth Pratt, 401 W. Fairbanks Ave., Suite 100, Winter Park, suspended for three years, effective 30 days from an August 8, court order. (Admitted to practice: 1991) Pratt had shortages in her trust account and commingled trust funds with operating funds. The Bar’s audit also revealed technical trust account violations. Pratt handled her firm’s administrative and financial affairs, and her law partner was unaware of the shortages. Pratt’s partner removed her from the firm’s trust account and retained a CPA to perform bi-monthly reviews. All shortages were refunded. (Case No. SC19-1240)
Michael Joseph Presutti, 980 Elm St., Oviedo, publicly reprimanded, by an August 8 court order. (Admitted to practice: 1989) Presutti represented the personal representative in an estate proceeding involving considerable litigation. The probate court assessed the full amount of the opposing party’s attorney’s fees and costs against Presutti personally, but not his client. In his appeal, Presutti included his client in the style of the appeal without obtaining a waiver from the client of the conflict of interest created by inclusion as an appellant. The appellate court granted the opposing party’s motion for attorney’s fees against Presutti and his client. (Case No. SC19-1225)
Albert W. Pucylowski, 501 N. Magnolia Ave., Suite E, Orlando, disbarred, effective immediately following an August 1 court order. The court had ordered an emergency suspension February 13. (Admitted to practice: 1998) Pucylowski abandoned his law practice without protecting his clients’ interests. In three separate matters, his failure to appear in court caused arrest warrants to be issued for his clients. In addition, Pucylowski did not participate in disciplinary proceeding. (Case No. SC19-190)
Natt Owen Reifler, 2100 Alafaya Trail, Suite 201, Oviedo, publicly reprimanded by publication and directed to attend Ethics School, effective immediately following an August 22 court order. (Admitted to practice: 1995) Reifler self-reported that his former firm’s trust accounts were not in substantial compliance with The Rules Regulating The Florida Bar. While listed as a partner of the firm, Reifler was not a signatory on the trust accounts. He did not exercise reasonable diligence to determine the compliance of the firm’s trust accounts. (Case No. SC18-1598)
Michael Anthony Saracco, 520 Brevard Ave., Cocoa, suspended for 30 days, effective 30 days from an August 8 court order. (Admitted to practice: 2012) In his brief regarding a trial court’s findings, Saracco made what appeared to be a material misrepresentation and did not correct this when opposing counsel pointed it out. In response to the Fifth District Court of Appeal order to show cause why he should not be sanctioned, Saracco provided a written apology, assuring the court his conduct was not intentional and would not be repeated. The court entered an order accepting his apology. (Case No. SC19-1217)
Bonne Zell Scheflin, 6099 Stirling Road, Suite 105, Davie, suspended for 18 months, effective 30 days from an August 15 court order. (Admitted to practice: 1989) During an extended absence because of illness, Scheflin permitted her office manager to run her title company with minimal oversight and supervision. The office manager misappropriated more than $400,000 from Scheflin’s trust account. (Case No. SC19-1268)
William Jason Scheil, 1107 Lintz Lane, Lady Lake, disbarred effective immediately, following a July 25 court order. (Admitted to practice: 2011) Scheil engaged in felony criminal conduct involving drug possession. In disciplinary proceedings, he failed to appear for scheduled case management conferences, respond to the Bar’s discovery requests, and appear for the scheduled sanction hearing. (Case No. SC19-130)
Jeffrey Robert Thibault, P.O. Box 341434, Tampa, suspended effective 30 days from an August 2 court order. (Admitted to practice: 2011) Thibault failed to respond to official Bar inquiries and the Bar filed a Petition for Contempt and Request for Order to Show Cause. The Florida Supreme Court issued an Order to Show Cause and Thibault failed to respond. (Case No. SC19-565)
Eric Allen Waraftig, P.O. Box 110572, Hialeah, disbarred effective immediately following an August 1 court order (Admitted to practice: 1996) Waraftig was adjudicated guilty for federal felony convictions of wire fraud and conspiracy. (Case No. SC18-1606)
Michael L. Wolowitz, 2600 Island Blvd., Apt. 2406, North Miami Beach, suspended for one year effective 30 days from a July 25 court order. (Admitted to practice: 2012) Wolowitz accepted fees from three clients but provided insignificant services and inadequately communicated with the clients. Additionally, he had insufficient fund payments from his trust account and did not respond to repeated inquiries from the Bar. (Case No. SC19-153)
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 more than 107,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.
SUPREME COURT DISCIPLINES 22 ATTORNEYS
August 29th, 2019
Summaries of orders issued June 6 – Aug. 22, 2019 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 22 attorneys disbarring six, revoking the licenses of three, suspending 10 and reprimanding three. Three attorneys received additional discipline. Two had…
SUPREME COURT DISCIPLINES 27 ATTORNEYS
July 26th, 2019
SUPREME COURT DISCIPLINES 27 ATTORNEYS Summaries of orders issued June 6 – July 18, 2019 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 27 attorneys disbarring two, revoking the licenses of four, suspending 17 and reprimanding four. Eight attorneys…
SUPREME COURT DISCIPLINES EIGHT ATTORNEYS
June 21st, 2019
Summaries of orders issued May 30 – June 20, 2019 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined eight attorneys – disbarring two, revoking the license of one and suspending five. Two attorneys received additional discipline with one ordered…
SUPREME COURT DISCIPLINES 16 ATTORNEYS
May 30th, 2019
Summaries of orders issued April 25 – May 23, 2019 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 16 attorneys – disbarring six, revoking the licenses of three and suspending seven. Disciplinary revocation is tantamount to disbarment. As an…
SUPREME COURT DISCIPLINES 19 ATTORNEYS
April 30th, 2019
Summaries of orders issued March 21 – April 25, 2019 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 19 attorneys – disbarring one, revoking the licenses of three, suspending 13 and publicly reprimanding two. One attorney also had to…
SUPREME COURT DISCIPLINES 21 ATTORNEYS
March 29th, 2019
Summaries of orders issued Feb. 13 – March 27, 2019 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 21 attorneys – disbarring one, revoking the licenses of nine, suspending nine and publicly reprimanding two. Disciplinary revocation is tantamount to…
SUPREME COURT DISCIPLINES 11 ATTORNEYS
February 28th, 2019
Summaries of orders issued Feb. 7 – Feb. 25, 2019 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 11 attorneys – disbarring three, revoking the licenses of two, suspending four, and publicly reprimanding two. One attorney received additional sanctions…
SUPREME COURT DISCIPLINES 24 ATTORNEYS
January 31st, 2019
Summaries of orders issued Oct. 15, 2018 – Jan. 3, 2019 [One from Aug. 23, 2018, not previously published] The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 24 attorneys – disbarring four, revoking the licenses of two, suspending 11,…
SUPREME COURT DISCIPLINES 11 ATTORNEYS
December 27th, 2018
Summaries of orders issued Nov. 1 – Dec. 21, 2018 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 11 attorneys – disbarring four, revoking the licenses of two, suspending three, and publicly reprimanding two. One attorney was also…
SUPREME COURT DISCIPLINES EIGHT ATTORNEYS
November 30th, 2018
Summaries of orders issued Oct. 4 – Nov. 21, 2018 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined eight attorneys – disbarring two, suspending five, and publicly reprimanding one. Two attorneys were also placed on probation. As an official…
SUPREME COURT DISCIPLINES 10 ATTORNEYS
October 31st, 2018
Summaries of orders issued Sept. 6-Oct. 18, 2018 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 10 attorneys — disbarring two, revoking the license of one, suspending six, and publicly reprimanding one. One attorney was also ordered to pay…
SUPREME COURT DISCIPLINES 20 ATTORNEYS
June 29th, 2017
Summaries of orders issued March 30 – May 25, 2017 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 20 attorneys – disbarring three, revoking the licenses of seven, suspending six and publicly reprimanding four. Three attorneys received more than…
SUPREME COURT DISCIPLINES 20 ATTORNEYS
June 29th, 2017
Summaries of orders issued March 30 – May 25, 2017 The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 20 attorneys – disbarring three, revoking the licenses of seven, suspending six and publicly reprimanding four. Three attorneys received more than…
THE PROFESSIONAL RULES REGULATING THE FLORIDA BAR STATE:
A lawyer’s responsibilities as a representative of clients, an officer of the legal system, and a public citizen are usually harmonious. Zealous advocacy is not inconsistent with justice. Moreover, unless violations of law or injury to another or another’s property is involved, preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and heed their legal obligations, when they know their communications will be private.
RULE 4-8.4 MISCONDUCT (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or
A lawyer shall not: induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, except that it shall not be professional misconduct for a lawyer for a criminal law enforcement agency or regulatory agency to advise others about or to supervise another in an undercover investigation, unless prohibited by law or rule, and it shall not be professional misconduct for a lawyer employed in a capacity other than as a lawyer by a criminal law enforcement agency or regulatory agency to participate in an undercover investigation, unless prohibited by law or rule;
(d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law;
(g) fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer’s conduct. A written response shall be made:
(1) within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors;
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I CERTAINLY WOULD NOT RECOMMEND EVER HIRING THIS UNETHICAL LAWYER - BRIAN KEISACKER!
Brian Keisacker works for Ulrich, Scarlet, Wickman & Dean, P.A. in Sarasota, Florida.
One can only apply the facts and deduce that Brian Keisacker is Unethical!
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Brian Keisacker would rather be unethical, than follow the Sarasota County Ordinance 22-127(3).
From the transcript of August 15, 2019:
"…Attorney Brian Keisacker, the rules -- the rules regulating the Florida Bar state that a lawyer shall not engage in conduct that is prejudicial to the administration of justice. That rule is under the ethics Chapter 4, which is 4-8.4(d) as in David. I hereby request that you recuse yourself from this hearing and this board."
"…I believe that you're violating the rules regulating the Florida Bar and I believe that it's unethical and you should not be serving on this board. And you've known for a long time that you derive income from the construction industry and are unqualified to serve on this board."
CHAIRMAN KEISACKER: And if you feel that way, I invite you to inform the Florida Bar that you feel I'm in violation --
Arrogance and unethical behavior by Brian Keisacker!
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SEE SARASOTA COUNTY ORDINANCE 22-127(3)
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Brian Keisacker Sarasota, Florida.
SEE SARASOTA COUNTY ORDINANCE 22-127(3)
- (c) The term "Consumer Representatives" used in this section shall be defined as set forth in F.S. § 489.131(10).
- (3) Qualifications. Architects and Engineers are not required to be professionally registered in the State of Florida as a condition of appointment to a Board. The citizen at large member (Lawyer Brian Keisacker) shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry. Appointment shall be based on demonstrable training and experience acceptable to the Board of County Commissioners. PLAIN AND SIMPLE! Brian Keisacker is defiant!
- 4) Term of Appointment. Board members shall be appointed for a period of three years. The Board of County Commissioners may relieve Licensing Board members of their appointment for failure to attend a majority of the meetings each fiscal year. The appointed members of the Boards shall proceed to select a Chairman, Vice Chairman and a Secretary.
It is our beliefs from personal experiences with lawyer Brian D. Keisacker, has violated Respondent’s constitution rights where Brian D. Keisacker as chairman of the Sarasota County General Contractors Licensing and Examining Board did not accord due process guaranteed under the United States Constitution and served as a consumer representative, Brian Keisacker is in clear violation of Sarasota County Ordinance 22-127(3), where Brian Keisacker earns income from the construction industry.
Yet Brian Keisacker refuses to follow the law:
Brian Keisacker
Brian Keisacker sits on the Board as a “Citizen at large (consumer representative)," one of three such positions required by Sarasota County Code § 22-127(1)(a). Of note, "[t]he citizen at large member shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry." Sarasota County Code § 22-127(3) (emphasis added). See also, § 489.131(10), Florida Statutes (2019).
Brian Keisacker represents dozens of clients in matters that are directly related to the construction industry.
In a résumé submitted with Brian Keisacker’s advisory application, Keisacker states:
“Prepare and file pleadings, motions, and responses to all aspects civil litigation in areas including foreclosure, boundary disputes, construction defects…”
Since Brian Keisacker practices construction law and collects fees from construction related clients, he is currently deriving income from the construction industry, which is prohibited for individuals serving on the Board in his capacity. Brian Keisacker’s application to serve on the Board clearly and definitively indicates Brian Keisacker derives income from the construction industry, thereby defeating the intended purpose of a citizen/consumer representative.
Brian Keisacker’s specializes in construction law and advertises on their website as follows:
“Our firm provides a variety of services to contractors, subcontractors, suppliers, homeowners in connection with construction law matters, including preparation, negotiation and review of construction agreements as well as the preparation and service of notices to owner, claims of lien, contractor final affidavits and other document required by the Florida Construction Lien Law. Should litigation become necessary to enforce or defend the claim of a construction lienor, we prosecute and defend all aspects of lien foreclosure actions.”
Therefore, Brian Keisacker must not be on the Sarasota County General Contractors Licensing and Examining Board, yet Brian Keisacker is defiant and will not follow the ethical rules Brian Keisacker is supposed to follow.
In sum, since Brian Keisacker occupies a seat on the Board which forbids earning income from the construction industry, Brian Keisacker may NOT legally serve the citizens of Sarasota County on its General Contractors Licensing and Examining Board, and Brian Keisacker cannot and must not preside over matters within the jurisdiction of the Board. ALL Respondents have a right to be heard before a Board comprised of individuals who meet all of the statute and ordinance requirements for service on the Board. Brian Keisacker
BRIAN KEISACKER SHOULD NOT BE SERVING ON THE CONTRACTOR BOARD AS A CONSUMER REPRESENTATIVE WHEN HE EARNS INCOME FROM THE CONSTRUCTION INDUSRTY. THIS IS IMMORAL AND UNETHICAL.
- The content of this website is protected under the First Amendment of the United States Constitution, which are beliefs based on personal experiences with Brian Keisacker as well as the law; and court orders issued by the Circuit Court. Sarasota County Ordinance 22-127(3) which Brian Keisacker has willingly and purposefully violated by serving on the Sarasota County General Contractors Licensing and Examining Board as a consumer representative, which states... “The citizen at large member shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry. “ Thus Brian Keisacker has, is clearly and willfully violating the law, ethics and his credibility, etc.