Tuesday, August 05, 2008

Yet Another Attorney Plays Fast & Loose With Foreclosed Client's Surplus Proceeds

The Florida Bar has published the latest issue of its gossip sheet, a periodic news release announcing the latest Florida Supreme Court disciplinary actions, including suspensions and disbarments of a few wayward members of the Florida legal profession.

Among the blurbs listing the 22 attorneys being excoriated by the Florida high court last month was this tidbit:
  • Gail Turgel Scopinich, North Miami Beach, suspended for one year, effective immediately, following a July 3, court order. In 2005, Scopinich represented a client [a defendant] in a foreclosure action. At the conclusion of the proceedings, after the money from the sale of the property was distributed, it was determined that the plaintiff's attorney had been overpaid. The plaintiff's attorney was ordered to return approximately $7,200 to Scopinich's client.

  • In August 2005, Scopinich received the overpayment, but she never cashed the checks, nor did she forward the money to her client. Numerous calls to Scopinich by her client went unanswered, and in November of 2006, the client filed a grievance. As a result of the Bar's efforts, Scopinich's client finally received her money in April 2007 [approximately a year and eight months after Scopinich received the money].
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