Thursday, April 07, 2011

State Bar Hammers Attorneys For 'Sticky Fingers', Real Estate-Related Improprieties

From The Florida Bar's recent quarterly gossip/scandal sheet:
  • 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 26 attorneys, disbarring four and suspending 20. Some attorneys received more than one form of discipline. One attorney was placed on probation; two attorneys were publicly reprimanded. Two attorneys were ordered to pay restitution.

Among those making this quarter's 'honor roll' for either playing fast & loose with their clients' money or trust funds,(1) improper conduct in real estate matters, or, in one case, fabricating court documents and giving it to a client, are:

  • Jacqueline Jeannette Bird, Tallahassee, suspended until further order, effective 30 days from a March 4 court order. (Admitted to practice: 1988) According to a petition for emergency suspension, Bird appeared to be causing great public harm by misappropriating funds and/or diverting funds entrusted to her. Bird's offenses include writing herself checks on numerous occasions from clients' settlements, delaying delivery of client settlements, refusal to fully pay client medical liens and commingling personal and trust funds. (Case No. SC11-339);

  • Mark Irwin Blumstein, Weston, permanently disbarred effective immediately following a Feb. 9 court order. (Admitted to practice: 1986) In August 2007, Blumstein was disbarred for five years. Nevertheless, he continued to practice law and subsequently mishandled and/or misappropriated thousands of dollars in client funds. (Case No. SC09-1572);

  • Ryan Thomas Dosen, Kennett Square, Pa., permanently disbarred effective immediately, following a Feb. 22 court order. (Admitted to practice: 2004) Dosen pleaded guilty in U.S. District Court to one felony count of conspiracy to commit bank fraud. He acted as a settlement agent in two illegal real estate transactions in South Florida. His actions resulted in losses in excess of $2.5 million. (Case Nos. SC09-1613 & SC10-615);

  • Robert W. Frazier, Jr., 507 S.E. 11th Court, Fort Lauderdale, suspended until further order, effective 30 days from a March 2 court order. (Admitted to practice: 1977) According to a petition for emergency suspension, Frazier appeared to be causing great public harm by diverting trust funds as evidenced by a Certified Public Accountant and a Bar auditor. (Case No. SC11-324);

  • Shawn Louis Michaelson, Miami Lakes, suspended for three years, effective 30 days from a Feb. 9 court order. (Admitted to practice: 2001) Michaelson made several misrepresentations to his clients and the court: in one instance, he fabricated a court order by cutting and pasting a copy of the presiding judge's signature from a different order. He then gave the order to his clients but later denied having much knowledge about the order. Michaelson also billed clients for work that had not been formed. In another instance, he failed to properly communicate and neglected to explain the true status of a lawsuit to his clients. (Case No. SC10-1496);

  • Matthew Glenn Palentchar, Colonia, N.J., suspended for 91 days until further order, following a Feb. 9 court order. (Admitted to practice: 2004) Palentchar is currently suspended, therefore the suspension is effective immediately. Further, Palentchar shall pay restitution of $750 to one client. In several instances, Palentchar was retained to represent clients but he failed to communicate regarding the status of cases. Palentchar failed to properly maintain his trust accounting records, he practiced law while ineligible, due to delinquent Bar fees and he failed to respond to the Bar disciplinary inquiries. (Case No. SC10-1401);

  • Pablo Perez, South Miami, suspended until further order, following a Feb. 7 court order. (Admitted to practice: 1988) According to a petition for emergency suspension, Perez appeared to be causing great public harm. The Bar received 11 different complaints against Perez from former clients. They alleged they retained Perez to represent them in various legal matters including foreclosure and loan modification for which they paid legal fees, but he failed to provide services and eventually abandoned their cases. Perez subsequently informed the Bar that due to economic problems, he was forced to close his practice, but he planned to reopen in the near future. Perez then failed to have any further communication with the Bar or respond to any Bar inquiries. (Case No. SC11-201);

  • Eric Jefferson Tinsley, 2000 N. Dixie Highway Suite 4, Lake Worth, suspended until further order, following a March 4 court order. (Admitted to practice: 2003) According to a petition for emergency suspension, Tinsley appeared to be causing great public harm. An audit revealed that Tinsley misappropriated nearly $11,000 from his trust account. (Case No. SC11-394).

For the entire gossip sheet, see Supreme Court Disciplines 26 Attorneys.

(1) The Florida Bar's Clients' Security Fund was established to reimburse clients who have suffered a loss due to misappropriation or embezzle­ment by a Florida-licensed attorney.

For similar "attorney ripoff reimbursement funds" that sometimes help cover the financial mess created by the dishonest conduct of lawyers licensed in other states and Canada, see:

Maps available courtesy of The National Client Protection Organization, Inc.

posted by Home Equity Theft Reporter at 4:04 AM