Monday, November 02, 2015

Florida Supremes Slam Six Lawyers For Playing Fast & Loose With Client Cash In Their Attorney Trust Accounts; Another Gets Tagged For Screwing Over Two Homeowners In Foreclosure

The Florida Bar, the self-proclaimed self-described state's guardian for the integrity of the legal profession, recently announced that the Florida Supreme Court in recent court orders disciplined 26 attorneys – disbarring four, revoking the license of one, suspending 19 and publicly reprimanding two. One attorney was also placed on probation; another was ordered to pay restitution.

Among those taken for a trip to the woodshed were the following six of the attorneys for playing fast and loose with client's trust account money:
  • Charles Jeffrey Broida, 5401 Twin Knolls Road, Suite 7, Columbia, Md., suspended until further order, following a Sept. 2 court order. (Admitted to practice: 1973) Broida is also a member of the Maryland State Bar Association. This is a reciprocal discipline action. According to a petition for emergency suspension order, Broida caused great public harm by misappropriating funds from an estate and fabricated account statements to conceal the misappropriation in Maryland. (Case No. SC15-1596)

    Steven M. Chamberlain, 752 E. Silver Springs Blvd., Ocala, suspended for 45 days, effective 30 days from an Aug. 28 court order. Further, Chamberlain is directed to attend ethics school and a professionalism workshop. (Admitted to practice: 1978) In the handling of several cases, Chamberlain did not provide clients with competent representation. In some instances he failed to adequately communicate. In another case, his representation presented a conflict of interest. A Bar audit found that Chamberlain’s trust account was not maintained in substantial minimum compliance with Bar rules. Chamberlain was also the subject of a contempt order involving his first divorce. (Case No. SC15-71)

    James Franklin Lowy, 14375 Myerlake Circle, Clearwater, suspended until further order, effective 30 days from a Sept. 28 court order. (Admitted to practice: 1996) According to a petition for emergency suspension order, Lowy appeared to be causing great public harm. A Florida Bar audit found trust account shortages in excess of $60,000. Also, Lowy had not maintained a cash receipts and disbursements journal or individual client ledgers, nor had he performed monthly bank reconciliations. (Case No. SC15-1741)

    Joshua Daniel Medvin, 1801 Coral Way, Suite 303, Miami. The Supreme Court granted Medvin’s request for a disciplinary revocation, effective 30 days from a Sept. 4 court order, with leave to seek readmission after five years. (Admitted to practice: 1984) Disciplinary revocation is equivalent to disbarment. Cases pending at grievance committee included allegations of misappropriation and mishandling of client funds, failure to comply with court orders, a lack of candor to the tribunal and failure to communicate with clients. (Case No. SC15-1202)

    Alex Jay Pearlberg, 4317 Reflections Blvd., Apt. 201, Sunrise, suspended until further order, effective 30 days from a Sept. 28 court order. (Admitted to practice: 1992) According to a petition for emergency suspension order, Pearlberg appeared to be causing great public harm. A Bar investigation indicated Pearlberg misappropriated at least $11,007 from his trust account. (Case No. SC15-1743)

    Nicholas Theodore Steffens, 6810 N. State Road 7, 2nd floor, Coconut Creek, suspended until further order, effective 30 days from a Sept. 18 court order. (Admitted to practice: 2005) According to a petition for emergency suspension order, Steffens appeared to be causing great public harm by misappropriating at least $189,000 from his trust account. A Bar investigation indicated Steffens transferred the funds to his operating account and used the money for purposes unrelated to the matter for which it was intended. (Case No. SC15-1696)
Also, in one additional case, an attorney was spanked for pocketing fees from people seeking foreclosure/loan modification help, and then stiffing them by doing little or no work (other than possibly cashing their retainer fee checks):
  • John Christopher Getzinger, 1440 Coral Ridge Drive, Suite 190, Coral Springs, suspended for 91 days, effective 30 days from a Sept. 11 court order. Further, Getzinger shall pay restitution of $4,800 to two clients. (Admitted to practice: 2009) Getzinger failed to competently represent clients in two states in which he was not licensed to practice law. In one instance, Getzinger was retained in a foreclosure action against a home in New Hampshire. Getzinger failed to take any significant action in the case, so the home subsequently went into foreclosure and the client was made aware of it after receiving an eviction notice. Getzinger never met or spoke with the clients. They communicated instead with his non-lawyer employees. The scenario was similar in a case in which Getzinger was hired to represent a woman attempting to obtain a mortgage modification for a home in Washington state. (Case No. SC14-1712)
For the entire gossip/scandal sheet, see Supreme Court Disciplines 26 Attorneys.

Editor's Note: According to The Florida Bar, 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.