The Florida Supreme Court disciplined 15 attorneys — permanently disbarring one attorney, suspending 11 attorneys and publicly reprimanding three.
Four are from Duval County. They are:
• Christopher Chestnut, 841 Prudential Drive, No. 1220, to be publicly reprimanded. (Admitted to practice: 2006) When a young woman was fatally shot during the commission of a home invasion robbery, Chestnut was retained by her mother to pursue a negligent security wrongful death lawsuit on behalf of the daughter’s estate. Instead, he filed a wrongful death claim against the homeowner’s insurance policy of the rented home. Chestnut failed to provide the client with accurate and complete information regarding the case, and she didn’t know that there was a declaratory action pending, which was subsequently dismissed when the statute of limitations expired on the potential wrongful death action.
• Michael Crouse, 4237 Salisbury Road, to be publicly reprimanded. (Admitted to practice: 2010) Crouse employed an out-of-state non-attorney third–party to do case processing. Although Crouse and other network attorneys supervised the company, Course later learned the company acted outside the scope of his authority. Despite making changes as results of complaints by clients of neglect or lack of communication, some clients remained unsatisfied and continued to file complaints.
• Gordon Fenderson, 644 Cesery Blvd., Suite 310, suspended for 45 days. (Admitted to practice: 2004) Complaints against Fenderson’s law partner caused the Bar to audit the firm’s trust account. The audit uncovered technical trust account violations and negligent bookkeeping. The Bar also learned Fenderson and his law partner were the owners of a loan modification/foreclosure rescue business called American Attorney Advocates. Further investigation revealed that Fenderson’s business model was not in compliance with Bar rules.
• William Reid Penuel, 378 Ahem St., Atlantic Beach, suspended until further order. (Admitted to practice: 2006) Penuel appeared to be causing great public harm. Penuel, who admits he has a drug addiction, converted trustee funds. He has agreed to removal from the practice of law in order to begin intensive in-patient treatment.
Other attorneys disciplined are:
• Heather Aquafresca, Webster, Mass., suspended until further order. (Admitted to practice: 2008) Aquafresca was found in contempt for noncompliance and failure to respond to official Bar inquiries on May 5 and May 29 regarding representing a client in a criminal matter.
• Marsha Berry, Hollywood, to be publicly reprimanded. (Admitted to practice: 2007) Berry was found in contempt for noncompliance with the terms and conditions of a Florida Lawyers Assistance rehabilitation contract, including timely payments of related fees.
• Amir Fleischer, Fort Lauderdale, suspended for six months. (Admitted to practice: 1991) Fleischer’s firm was one of three that pooled resources in about 2001 to solicit healthcare providers as clients for the purpose of representation in personal injury protection claims against insurance companies. Fleischman’s actions resulted in conflict of interest, dishonesty and failure of the attorneys to provide information for clients to make informed decisions.
• Daniel R. Gerleman, Fort Myers, suspended for 60 days. (Admitted to practice: 1998) An audit revealed Gerleman was not properly maintaining trust account records; he became ineligible to practice law for failing to pay a fee arbitration award and appeared in court twice. Gerleman also was unable to produce retainer agreements or other written communication for three clients who requested refunds. With limited and inconsistent staff assistance, he had difficulty managing as a sole practitioner when he had health issues.
• William Todd Long, Winter Park, suspended until further order. (Admitted to practice: 1989) According to a petition for emergency suspension, Long appeared to be causing great public harm. A Florida Bar investigation found Long misappropriated funds from his trust account. He used the trust funds to which he was not entitled for business expenses and for his personal benefit.
• James Franklin Lowy, Clearwater, suspended until further order. (Admitted to practice: 1996) According to a petition for emergency suspension, Lowy appeared to be causing great public harm based on trust account shortages in excess of $60,000 evidenced by a Florida Bar auditor.
• Robert Emmett Maloney Jr., Cocoa, suspended following an Oct. 2 court order. (Admitted to practice: 1990) Maloney pleaded guilty in federal court to bank fraud, a felony. He was subsequently sentenced to 39 months in prison and upon release, supervised release for three years with multiple conditions. He failed to notify The Florida Bar of the judgment.
• Jeffrey Alan Norkin, Fort Lauderdale, permanently disbarred. (Admitted to practice: 1993) Norkin was found in contempt for violating the terms of an Oct. 31, 2013, suspension. Specifically, Norkin failed to notify all clients, opposing or co-counsel and courts and tribunals of his suspension; he practiced law while suspended, he demonstrated unprofessional and antagonistic behavior by sending threatening and disparaging emails to Bar counsel and behaved unprofessionally during the administration of a public reprimand by the Florida Supreme Court.
• Antonios Poulos, Tampa, suspended until further order. (Admitted to practice: 2007) Poulos was found in contempt for noncompliance. Poulos failed to respond to Bar inquiries despite being notified of the grievances and his obligation to respond.
• Sally Gayle Schmidt, West Palm Beach, suspended for 91 days. (Admitted to practice: 1984) Schmidt was found in contempt for noncompliance with the terms and conditions of a Florida Lawyers Assistance contract.
• Charles John Sibley, Miami, suspended for 30 days. (Admitted to practice: 1971) Sibley filed a petition for a client in an immigration matter and did not have the authority. He immediately withdrew it after being advised.