Jacksonville attorney disbarred for contempt


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  • | 12:00 p.m. November 2, 2015
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The Florida Supreme Court 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.

One is from Jacksonville:

Scott Douglas Leemis, disbarred effective immediately. (Admitted to practice: 1981) Leemis was found in contempt for non-compliance for failure to comply with the conditions of a March 27 suspension order. Specifically, Leemis was ordered to notify his clients, opposing counsel and tribunals of his suspension and provide to The Florida Bar a sworn affidavit listing the names and addresses of all persons and entities that received a copy of the suspension order.

Others are:

• Richard Henry Albritton III, Panama City, suspended for 60 days. Further, Albritton is placed on probation for two years. (Admitted to practice: 2008) Albritton pleaded no contest in court and was adjudicated on four criminal misdemeanor charges: reckless driving, possession of marijuana less than 20 grams, possession of drug paraphernalia and knowingly driving with a suspended license.

• Robert F. Alsfelder Jr., Cincinnati, suspended for three years. Alsfelder is also a member of the Ohio State Bar Association. He was suspended indefinitely from practicing law in Ohio, after being found in contempt by the Cincinnati Bar Association. Alsfelder failed to comply with a subpoena for a deposition and produce certain documents including copies of his federal tax returns from 2004 through 2009. He also filed a false affidavit of compliance after his suspension.

• Frank Bankowitz III, Orlando, to be publicly reprimanded by publication in the Southern Reporter. (Admitted to practice: 1974) Bankowitz failed to comply with his professional obligation to the Internal Revenue Service, by failing to remit to the IRS funds he withheld from his employees’ wages for unemployment, Social Security, Medicare and income taxes from 2011 to 2013. He remitted payment in full of $29,448.93 to the IRS in February.

• Nathaniel Joe Birdsong III,  Pembroke Pines, disbarred effective retroactive to Oct. 1, 2010. (Admitted to practice: 1999) Birdsong was suspended for three years and worked as a paralegal. During that time, he routinely met with clients or prospective clients and signed fee agreements on behalf of his employer.

• Charles Jeffrey Broida, Columbia, Md., suspended until further 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.

• Steven M. Chamberlain, Ocala, suspended for 45 days. 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 Florida 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.

• Anthony Harold Clifton, Brooksville, disbarred effective immediately. (Admitted to practice: 1996) Clifton was hired to represent a client in a criminal matter. He failed to communicate, failed to diligently represent the client’s interests and made misrepresentations to his client. He also failed to respond to the Bar as required by the rules.

• John J. Doyle, Okemos, Mich., suspended for three years. He is further directed to comply with the terms of a prior court order before petitioning for reinstatement. (Admitted to practice: 1993) Doyle was found in contempt for violating the terms of a March 31 suspension order. He was required to notify his clients, opposing counsel and tribunals of his suspension and provide to The Florida Bar a sworn affidavit listing the names and addresses of all persons and entities that received a copy of the suspension order.

• Warren Karl Geissel, Shalimar, to be publicly reprimanded. (Admitted to practice: 1983) Geissel did not competently and diligently represent a client on appeal resulting in the imposition of sanctions. He ignored court orders and failed to comply with the appellate rules, failed to pay filing fees to the Okaloosa County Court and the First DCA, and he failed to respond to a Bar inquiry.

• John Christopher Getzinger, Coral Springs, suspended for 91 days. 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.

• Judith Warren Hawkins, Tallahassee, suspended for nine months. (Admitted to practice: 1985) Hawkins was removed from the office of Leon County judge for a series of violations of the Code of Judicial Conduct. She failed to pay state sales tax on the sale of her business products and she failed to register the name of her business under the fictitious name law, a second-degree misdemeanor.

• Melissa Heaton, Cooper City, suspended until further order. (Admitted to practice: 2007) Heaton was found in contempt for non-compliance and failure to respond to numerous official Bar inquiries regarding three separate complaints.

• Stuart Carl Hoffman, Boca Raton, suspended for one year. (Admitted to practice: 1990) Hoffman was found in contempt for failing to comply with the terms of a July 24, 2014, suspension order. Specifically, Hoffman was ordered to notify his clients, opposing counsel and tribunals of his suspension and provide to The Florida Bar a sworn affidavit listing the names and addresses of all persons and entities that received a copy of the suspension order.

• James Franklin Lowy, Clearwater, suspended until further 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.

• Joshua Daniel Medvin, Miami. The Supreme Court granted Medvin’s request for a disciplinary revocation, 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.

• Jasmin Veronica Miller, Boaz, Ala., suspended for 18 months. (Admitted to practice: 2005) In April, the federal immigration administrative court suspended Miller from practicing law for 18 months for failure to attend hearings, making frivolous filings and failing to provide diligent and competent representation. In addition, The Florida Bar had eight files at staff and grievance committee level raising similar allegations regarding the representation of immigration clients.

• Kathryn Lynn Montague, Cocoa, suspended for 30 days. (Admitted to practice: 2003) Montague substituted as counsel of record in a child custody matter. Thereafter, she failed to adequately communicate and failed to expedite litigation with the client. Montague notified the client that she could no longer work on his matter, but failed to take steps to withdraw from the case or protect the client’s interests.

• Cherie A. Parker, Largo, suspended until further order. (Admitted to practice: 1980) Parker was found in contempt for non-compliance and failure to respond to official Bar inquiries.

• Alex Jay Pearlberg, Sunrise, suspended until further 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.

• Alexis Michelle Rabbani, Aventura, disbarred effective immediately. (Admitted to practice: 2000) Rabbani was found in contempt for failing to comply with the terms of a Feb. 20 suspension order. Specifically, Rabbani was ordered to notify her clients, opposing counsel and tribunals of her suspension and provide to The Florida Bar a sworn affidavit listing the names and addresses of all persons and entities that received a copy of the suspension order.

• Robert Joseph Ratiner, Miami Lakes, suspended for three years. (Admitted to practice: 1990) While attending a document review session in a civil lawsuit, Ratiner repeatedly disparaged and humiliated the opposing counsel. He interfered with the administration of justice by creating an atmosphere of intimidation, bullying and abuse as well as an unprofessional environment.

• Nicholas Theodore Steffens, Coconut Creek, suspended until further 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.

• Phillip Harding Taylor, St. Petersburg, suspended for three years. (Admitted to practice: 1989) Taylor was found in contempt for non-compliance for failure to comply with the conditions of an April 10 suspension order. Specifically, Taylor was ordered to notify his clients, opposing counsel and tribunals of his suspension and provide to The Florida Bar a sworn affidavit listing the names and addresses of all persons and entities that received a copy of the suspension order.

• Horecia Ingram Walker, Miramar, suspended until further order. (Admitted to practice: 2004) Walker was found in contempt for non-compliance and failure to respond to an official Bar inquiry.

• Daniel Joshua Zemel, Miami Beach, suspended for three years. (Admitted to practice: 1990) Zemel was found in contempt for failing to comply with the terms of an April 14 suspension order. Specifically, Zemel was ordered to notify his clients, opposing counsel and tribunals of his suspension and provide to The Florida Bar a sworn affidavit listing the names and addresses of all persons and entities that received a copy of the suspension order.

 

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