More Discipline For Florida Attorneys

The Florida Bar, the state’s guardian for the integrity of the legal profession, has published the latest issue of its periodic gossip sheet, announcing that the Florida Supreme Court has recently disciplined 32 attorneys – disbarring six, revoking the licenses of two, suspending 16 and publicly reprimanding eight. Two attorneys were also placed on probation, and another was ordered to pay restitution.

Of those 32 lawyers, the following 17 have been disciplined either for playing fast and loose with their clients' money (including failure to make proper disclosure of fees collected when required), or for inappropriate conduct in connection with either foreclosure or other real estate matters (including one who forged judges' signatures on numerous orders pertaining to foreclosure cases):

• Joseph Bernstein, Fort Lauderdale. The Supreme Court granted Bernstein’s request for a disciplinary revocation, with leave to seek readmission after five years, effective immediately, following a June 9 court order. (Admitted to practice: 1977) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against Bernstein involved misappropriation and commingling of client trust funds. (Case No. SC16-660)
  
  Jose Manuel Camacho, Jr., Miami, disbarred effective immediately, following a June 9 court order. (Admitted to practice: 2000) Camacho has a criminal case pending. He was charged in court with 14 counts of uttering a forged instrument – third-degree felonies. He forged the signatures of judges on numerous orders pertaining to foreclosure cases. Camacho forged the signature of one judge at least 31 times. He also commingled trust funds into his operating account. (Case No. SC16-145)
  
  Neil Franklin Garfield, Parkland, to be publicly reprimanded following a June 9 court order. (Admitted to practice: 1977) In at least four instances, Garfield accepted money to represent clients and failed to follow through. In one case, Garfield did not perform the work and, when asked for a refund, denied knowing the client. In other cases, he failed to communicate, charged excessive fees, failed to return refunds upon request and failed to timely respond to Bar inquiries. (Case No. SC15-2162)
  
  John R. Griffith, Lakeland, disbarred effective immediately, following a June 9 court order. (Admitted to practice: 1983) A Bar investigation revealed that Griffith misappropriated client trust funds. (Case No. SC16-900)
  
  Tonja J. Helton, Tampa, suspended until further order, effective 30 days from a June 13 court order. (Admitted to practice: 2009) According to a petition for emergency suspension order, Helton appeared to be causing great public harm by misappropriating thousands of dollars in client funds. (Case No. SC16-865)
  
  Bart Alan Houston, Fort Lauderdale, suspended for 30 days effective May 13, following an April 28 court order. (Admitted to practice: 1986) Houston was sanctioned by a bankruptcy court regarding statements filed in a bankruptcy proceeding and for failing to disclose the use of the $35,000 fee he collected to represent a client. (Case No. SC15-2120)
  
  William N. Hutchinson Jr., Fort Lauderdale. The Supreme Court granted Hutchinson’s request for a disciplinary revocation, with leave to seek readmission after five years, effective 30 days from a June 9 court order. (Admitted to practice: 1974) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against Hutchinson involved misappropriation of client trust funds. (Case No. SC16-648)
  
  Daryl Lafayette Jones, Palmetto Bay, to be publicly reprimanded by publication in the Southern Reporter, following a June 9 court order. (Admitted to practice: 1988) In handling a loan modification and a foreclosure action for his client, Jones violated Bar rules regarding conflict of interest, competence and communication, when he secured a third party investor to purchase his client’s home in a bank-approved short sale. (Case No. SC16-897)
  
  Charles Jay Kane, Delray Beach, suspended until further order, following a June 14 court order. (Admitted to practice: 1965) Kane’s law firm and two other firms were hired by healthcare providers for the purpose of representation in personal injury protection claims against insurance companies, including Progressive. It was determined that Progressive was systematically refusing to pay valid insurance claims. The law firms then filed bad-faith claims for clients. After receiving a $5.25 million settlement from Progressive, Kane and his son and business partner Harley Kane paid clients $672,000 and kept more than $4 million as attorneys’ fees. The bad-faith attorneys subsequently sued Kane and the other PIP attorneys and firms for unjust enrichment and fraud. (Case Nos. SC13-388, SC13-389; SC13-390)
  
  Harley Nathan Kane, Delray Beach, suspended until further order, following a June 14 court order. (Admitted to practice: 1993) Kane’s law firm and two other firms were hired by healthcare providers for the purpose of representation in personal injury protection claims against insurance companies, including Progressive. It was determined that Progressive was systematically refusing to pay valid insurance claims. The law firms then filed bad-faith claims for clients. After receiving a $5.25 million settlement from Progressive, Kane and his father and business partner Charles Kane paid clients $672,000 and kept more than $4 million as attorneys’ fees. The bad-faith attorneys sued Kane and the other PIP attorneys and firms for unjust enrichment and fraud. (Case Nos. SC13-388, SC13-389; SC13-390)
  
  Darin James Lentner, Fort Lauderdale, suspended until further order, following a June 14 court order. (Admitted to practice: 1991) Lentner’s law firm and two other firms were hired by healthcare providers for the purpose of representation in personal injury protection claims against insurance companies, including Progressive. It was determined that Progressive was systematically refusing to pay valid insurance claims. The law firms then filed bad-faith claims for clients. After receiving a $3 million settlement from Progressive, Lentner and business partner Laura Watson(1) paid clients $361,000 and kept more than $2 million as attorneys’ fees. The bad-faith attorneys subsequently sued Lentner and the other PIP attorneys and firms for unjust enrichment and fraud. (Case Nos. SC13-388, SC13-389; SC13-390)
  
  Camella Lynn Manion, Jupiter, to be publicly reprimanded following an April 14 court order. (Admitted to practice: 2003) Manion represented a seller in a real estate action and attempted to collect more than $8,000 in attorney’s fees from the buyers. Despite their refusal, Manion again attempted to persuade them to pay her fees. (Case No. SC15-852)
  
  Jose Carlos Marrero, Miami, suspended for three years, effective 30 days from a June 2 court order. (Admitted to practice: 2002) Marrero violated Bar rules while serving as an escrow agent and when processing two mortgage loans on the same property. He drafted a mortgage which attached as collateral a piece of property that no signatory to the agreement actually owned or had authority to encumber. He did not protect the interests of the lender, and he intentionally disbursed funds prior to having the borrowers sign mortgage documents. Marrero received loan closing documents on the property in January 2006, and he did not record the mortgage until six months later, while simultaneously certifying to a subsequent lender that there were no prior encumbrances on the property. He failed to disclose pertinent information to both lenders regarding the loans. (Case No. SC11-1780)
  
  George Allen Orlowitz, Elkins Park, Pa., disbarred effective 30 days from an April 14 court order. (Admitted to practice: 1975) Orlowitz misappropriated and commingled thousands of dollars in client funds. He also prepared and presented false statements to several clients, stating that payments had been made on their behalf, when in fact, they had never been made. (Case No. SC15-2082)
  
  Antonios Poulos, Tampa, suspended for two years, effective immediately, following an April 14 court order. (Admitted to practice: 2007) Further, upon reinstatement, Poulos shall be placed on probation for one year. Poulos advised a client of his receipt of settlement funds in an employment discrimination case in September 2013. He then failed to communicate with the client and did not provide the funds to the client until May 2014. In another matter, a case was dismissed because Poulos failed to respond to the federal court and comply with local rules. When he appeared in court, Poulos falsely advised that he’d informed his client that the case had been dismissed. No. SC15-272)
  
  Adam Powell Rowe, Palatka, to be publicly reprimanded by publication in the Southern Reporter, following an April 7 court order. (Admitted to practice: 2006) Further, Rowe is placed on probation for two years, and he shall sign a rehabilitation contract with Florida Lawyers Assistance. Rowe was hired to assist a client in a foreclosure case. Rowe sent a letter to her with unprofessional and threatening language when she requested an itemized list of charges. (Case No. SC16-469)
  
  William Glenn Roy III, Altamonte Springs, suspended until further order, following a May 24 court order. (Admitted to practice: 2002) A Bar investigation found that Roy misappropriated approximately $125,000 of escrowed funds he held as an escrow agent. He also altered bank statements and other documents pertaining to the IRS in an effort to conceal the misappropriation. (Case No. SC16-848)

Source: Supreme Court Disciplines 32 Attorneys.

Note: 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.

--------------------------

(1) This is apparently the same Laura Watson who subsequently became a judge in Broward County, Florida, according to a media report. When word of this insurance racket came out, however, she was quickly ousted from the bench, the media report states. See Disbarment Recommended for Ex-Judge Laura Watson (requires subscription; if no subscription, GO HERE, then click the appropriate link).

See also, The Florida Bar v. Laura Marie Watson (Report of Referee).