TALLAHASSEE — 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 three, revoking the license of one, suspending 12 and publicly reprimanding five. Six attorneys received more than one form of discipline. One attorney was ordered to pay restitution; five attorneys were also placed on probation.
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 102,000-plus lawyers admitted to practice law in Florida. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Additional 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 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.
Marcy Elizabeth Abitz, 12227 S.W. 52nd St., Cooper City, suspended until she fully responds in writing to an official Bar inquiry and until further order, effective 30 days from an April 5 court order. (Admitted to practice: 2002) Abitz was found in contempt for non-compliance. She failed to respond to official Bar inquiries. (Case No. SC16-334)
Jack Alan Bellan, 7401 Wiles Road, Suite 201, Coral Springs, disbarred effective immediately, following an April 7 court order. This is a reciprocal discipline action. (Admitted to practice: 1989) Bellan was indefinitely suspended from practicing law before the U.S. Bankruptcy Court for the Southern District of Florida. He consistently failed to properly, competently and diligently represent a debtor. Bellan failed to appear at every hearing, caused the estate to incur tremendous expenses as a result of his incompetence, and contemptuously failed to comply with the court’s orders. (Case No. SC15-947)
Joseph Bernstein, 707 S.E. 3rd Ave., Fl. 3, Fort Lauderdale, suspended until further order, following a March 14 court order. (Admitted to practice: 1977) According to a petition for emergency suspension order, Bernstein appears to be causing great public harm by misappropriating client funds. (Case No. SC16-403)
Arthur Clinton Black, 126 E. Jefferson St., Orlando, suspended for 30 days, effective 30 days from a March 31 court order. Further, upon reinstatement, Black shall be placed on probation for one year and complete a trust accounting workshop. (Admitted to practice: 1972) A Florida Bar auditor found that Black was not in substantial compliance with Bar rules governing trust accounts during the audit period Dec. 1, 2014, through June 30, 2015. (Case No. SC16-455)
Allen Montgomery Blake, 4411 Bee Ridge Road, No. 161, Sarasota, suspended for one year, effective immediately, following an April 11 court order. (Admitted to practice: 1969) Blake was found in contempt for non-compliance with a July 16, 2015, court order. Specifically, Blake was required to notify his clients, opposing counsel and tribunals of his suspension and provide the Bar with a sworn affidavit listing the names and addresses of all persons and entities that received a copy of his suspension order. Blake was also ordered to pay restitution of $1,500 to a client, but did not provide proof of payment to The Florida Bar. (Case No. SC16-220)
Kevan Kenneth Boyles, 319 8th St., West Palm Beach, suspended for one year, effective 30 days from a March 24 court order. (Admitted to practice: 1979) Boyles requested from the Florida Department of Highway Safety and Motor Vehicles a list of all crashes in 2009 involving a fatality. Using the information obtained from crash reports and death certificates, Boyles filed petitions for administration in 12 matters, requesting he be appointed the personal representative. In 15 matters, he filed complaints for wrongful death. Respondent had no communications with the respective decedents’ survivors and no authority from them prior to filing these matters. (Case No. SC15-192)
Lynn Anne Brauer, 50 Red Bay Court, Santa Rosa, to be publicly reprimanded following a March 31 court order. (Admitted to practice: 2001) Brauer failed to act with reasonable diligence in the handling of a guardianship case. Brauer represented the guardian and failed to file required documents with the court. On three occasions, Brauer ignored orders to file the delinquent documents and/or to appear before the court. Brauer was subsequently replaced by another attorney. (Case No. SC15-2003)
Christopher Lee Buttermore, 8202 Wiles Road, No. 53, Coral Springs, suspended until further order, effective 30 days from a March 18 court order. (Admitted to practice: 1988) Buttermore was found in contempt for failure to respond to an official Bar inquiry regarding a complaint. (Case No. SC16-258)
Jared G. Dokovna, 6231 PGA Blvd., Suite 104-242, Palm Beach Gardens, suspended until further order, effective 30 days from a March 18 court order. (Admitted to practice: 2004) Dokovna was found in contempt for non-compliance and failure to respond to an official Bar inquiry regarding a complaint. (Case No. SC15-2404)
John Christopher Getzinger, 1440 Coral Ridge Drive, Suite 190, Coral Springs, suspended for one year, effective immediately, following a March 15 court order. (Admitted to practice: 2009) Getzinger was found in contempt for failing to comply with a Sept. 11, 2015, suspension order. Specifically, Getzinger was required to notify his clients, opposing counsel and tribunals of his suspension and provide the Bar with a sworn affidavit listing the names and addresses of all persons and entities that received a copy of his suspension order. (Case No. SC16-233)
J. Marshall Gilmore, 1936 Lee Road Suite 100, Winter Park, suspended for 30 days, effective 30 days from a March 10 court order. (Admitted to practice: 2004) Upon reinstatement, Gilmore is further placed on probation for two years. A Bar audit determined that Gilmore’s trust account was not in substantial compliance with Bar rules. Gilmore did not diligently handle a complex civil case, nor did he adequately communicate with his clients regarding the status of the matter. Gilmore did not timely respond to Bar inquiries. (Case Nos. SC15-1156 & SFC15-1679)
Daniel J. Grieco, 8240 118th Ave., Largo, to be publicly reprimanded by publication in the Southern Reporter and, further, directed to attend ethics school, following a March 3 court order. (Admitted to practice: 1972) Grieco represented a woman in a personal injury case. The case was settled for $12,000 and Grieco disbursed the money to the client without satisfying a letter of protection from one of the client’s medical providers. At that time, Grieco was informed that the medical provider was seeking insurance reimbursement for her services. Grieco contends it was not until after the distribution of the settlement funds that the medical provider advised that insurance did not cover the services and the bill was still outstanding. (Case No. SC16-225)
Stuart Carl Hoffman, 1075 Broken Sound Pkwy. NW, Suite 102, Boca Raton, disbarred effective immediately, following a March 31 court order. (Admitted to practice: 1990) In two matters, Hoffman was paid for his services, but after being retained, he took little or no significant action. In a third matter, he abandoned the client’s matter. In all three matters the clients made attempts to contact Hoffman but he did not respond. Upon investigation, the Bar learned that Hoffman vacated the office space at his record Bar address. (Case No. SC15-1591)
Robert Hill Hosch Jr., 7634 Fisher Road, Dallas, Texas. The Supreme Court granted Hosch’s request for a disciplinary revocation, with leave to seek readmission after five years, effective immediately, following a March 31, 2016, court order. (Admitted to practice: 1988) Disciplinary revocation is tantamount to disbarment. A disciplinary matter pending against Hosch was an allegation that he ceased operations of a company because of a financing dispute with its lender. Many foreclosure cases were pending and court hearings were left without counsel. (Case No. SC16-315)
Natalie Aleta Jackson, 2121 S. Hiawassee Road, Apt. 4542, Orlando, suspended for 90 days, effective 30 days from a March 31 court order. Further, upon reinstatement, Jackson shall be placed on probation for two years and complete a trust accounting workshop. She shall also contact Florida Lawyers Assistance for an evaluation. (Admitted to practice: 2003) A Bar audit found that Jackson was not in substantial minimum compliance with the Bar rules governing trust accounts during the audit period Jan. 1, 2015, through Sept. 30, 2015. (Case No. SC16-458)
John T. Jenkins Jr., 20 Carrick Road, Palm Beach Gardens, suspended for 90 days until further order, effective 30 days from a March 24 court order. (Admitted to practice: 2003) Jenkins represented a client in a case in appeals court. When Jenkins failed to respond to an initial order, the court issued another order requiring him to show why the case should not be dismissed. Jenkins failed to respond. Jenkins was finally given 10 days to respond to the court. Again, he failed to respond. (Case No. SC15-928)
Carlos Adrian Marin, 2601 S. Bayshore Drive, Suite 850, Coconut Grove, to be publicly reprimanded and, further, placed on probation for three years, following a March 3 court order. (Admitted to practice: 2000) Marin pleaded no contest in court to reckless driving and driving while his license was suspended. He was adjudicated guilty and sentenced to 90 days of house arrest and 12 months of probation. (Case No. SC16-256)
Leroy H. Merkle Jr., 800 W. Platt St., Suite 4, Tampa, to be publicly reprimanded and further, placed on probation for two years, following a March 17 court order. (Admitted to practice: 1975) Beginning Oct. 1, 2013, Merkle failed to maintain all required trust records on his trust account and failed to perform the required monthly reconciliations to ensure that funds in his trust account were properly maintained. As a result, Merkle failed to keep the correct funds in his account at all times. (Case No. SC15-1686)
Stephen Bruce Rakusin, 2919 E. Commercial Blvd., Fort Lauderdale, suspended for 90 days from the date of a March 17 court order. (Admitted to practice: 1974) Rakusin hired and failed to properly supervise a non-lawyer who engaged in the active practice of law; Rakusin entered into a business transaction with a client but failed to put the terms in writing, causing him to charge fees that were illegal and excessive. He subsequently withdrew from the case. (Case No. SC15-390)
C. Byron Stout III, 7601 38th Ave. N., St. Petersburg, to be publicly reprimanded by publication in the Southern Reporter, following a March 3 court order. Further, Stout shall complete ethics school. (Admitted to practice: 2003) Stout engaged in providing loan modification services predominantly to out-of-state clients. Stout entered into a business relationship with a staffing company to assist with handling mortgage modifications under his supervision. Stout’s representation and collection of fees from out-of-state clients did not fully comply with state and federal regulations regulating mortgage assistance relief services. (Case No. SC16-199)
Horecia Ingram Walker, 14359 Miramar Parkway, Suite 159, Miramar, permanently disbarred effective immediately, following a March 24 court order. Further, Walker shall pay restitution of $11,321.60 to one client. (Admitted to practice: 2004) Walker misappropriated client funds that should have been held in trust. A Bar audit revealed that Walker did not maintain minimum trust accounting records and procedures. She failed to respond to Bar inquiries regarding these matters and failed to provide requested records to a subpoena. (Case No. SC15-1573)
This article originally appeared on Santa Rosa Press Gazette: Florida Bar's list of disciplined attorneys includes Santa Rosa woman