The Florida Supreme Court disciplined 24 attorneys — disbarring two, revoking the licenses of four, suspending 11 and publicly reprimanding eight.
Three attorneys were also placed on probation and three were ordered to pay restitution.
There were none from Jacksonville.
• David Joseph Berger, North Miami Beach, suspended until further order. (Admitted to practice: 2010) According to the petition for emergency suspension, Berger appeared to be causing great public harm by misappropriation and or diversion of funds entrusted to him; his misrepresentation of material facts to a trial court; abandonment of his law firm; and his failure to respond to Bar inquiries.
• Allen Montgomery Blake, Sarasota, suspended for 91 days, effective 30. Further, Blake shall pay restitution of $1,500 to one client. (Admitted to practice: 1969) Blake received a retainer of $3,000 to represent a man in a criminal matter. He subsequently filed a petition to withdraw from the case, citing mental and medical disabilities, but he failed to refund the retainer. A complaint against Blake filed by the Bar was undeliverable and returned to the Bar and Blake failed to appear by telephone or in person at subsequent sanctions hearings scheduled by the Bar.
• Stephanie Bolton, Tampa, suspended for three years, retroactive to June 20, 2014. (Admitted to practice: 2004) Bolton pleaded no contest to grand theft, a third-degree felony. Bolton and her husband made misrepresentations on real estate documents involving the purchase and refinancing of property.
• J. Patrick Buckley, Fort Myers, permanently disbarred. Further, Buckley shall pay restitution of $100,000 to one client. (Admitted to practice: 2001) Buckley misappropriated and used client funds from his trust account.
• Edward S. Cooper, Linden, N.J., to be publicly reprimanded by publication in the Southern Reporter. (Admitted to practice: 1990) This is a reciprocal discipline action. Cooper is also a member of New York and New Jersey Bar associations. Cooper represented a husband in a divorce. It was agreed the net equity from one of the marital assets, a bar, would be divided equally between the husband and wife. Cooper did not inform the wife of his receipt of the net proceeds from the sale of the liquor license, nor did he give her any of the net proceeds.
• Jana M. Dalmida, Sunrise, to be publicly reprimanded. (Admitted to practice: 2007) Dalmida was found personally liable to a plaintiff in the amount of $5,187.50, after she and a former client presented a counterclaim in court without any justifiable issues of fact or law. They also filed an amended counterclaim that was frivolous and without merit.
• Susan K.W. Erlenbach, Titusville, suspended for 30 months, retroactive to June 1, 2014, and further, placed on probation for three years. (Admitted to practice: 1982) Erlenbach represented the former wife in a family law case in which the former husband was ordered to pay attorney’s fees. When the fees were paid in full, Erlenbach did not take the necessary steps to terminate the income deduction ordered and continued to deduct money from the former husband’s wages. She also failed to maintain her trust account in accordance with the Rules Regulating The Florida Bar.
• Larry Robert Handfield, Miami, to be publicly reprimanded and, further, suspended for 60 days. Upon reinstatement, Handfield shall be placed on probation for six months. (Admitted to practice: 1981) Handfield waived indictment and pleaded guilty to two federal misdemeanor tax offenses related to his submission of two false income tax returns in a 12-month period. Handfield underreported his business income for both years.
• Jimmy Jimenez, Orlando, suspended for 90 days, effective Aug. 17. Further, upon reinstatement, Jimenez shall be placed on probation for two years. (Admitted to practice: 2000) While working as a settlement agent for the estate of a British national in a real estate transaction, Jimenez issued a check for nearly $27,000 from his trust account to the IRS. A Bar audit found that Jimenez failed to maintain his trust account in compliance with the Rules Regulating The Florida Bar. (Case No. SC15-194)
• Mark Howard Klein, Deerfield Beach, suspended for 45 days, effective July 6. (Admitted to practice: 1986) While working at a law firm that provided loan modification work, Klein failed to competently represent clients. In some instances, he had no communication and took no action regarding processing loan modifications. He also failed to supervise non-lawyer employees.
• Neil Andrew Lippman, Norwalk, Conn., to be publicly reprimanded. (Admitted to practice: 1991) Lippman failed to communicate with a client regarding the status of two cases he was handling for eviction and collection of past due rents. The tenants were successfully evicted, but Lippman failed to pursue the debtors for money owed. The client subsequently fired Lippman and retained new counsel.
• Gary Howard Marks, Fort Lauderdale, suspended for 91 days, effective retroactive to May 1. (Admitted to practice: 1981) In a matter related to his conduct, along with five other lawyers, Marks violated Bar rules involving conflict of interest and dishonesty. Beginning in 2001, Marks’ firm and two other firms pooled their resources to provide joint seminars to solicit healthcare providers as clients for the purpose of representing them in personal injury protection claims against insurance companies. Those firms hired special counsel to assist in litigating bad faith claims. Marks’ firm and the other two firms participated in a secret settlement of $14.5 million excluding the special counsel from the settlement negotiations and proceeds.
• Thayer M. Marts, Tallahassee. The court granted Marts a permanent disciplinary revocation, without leave to seek readmission. (Admitted to practice: 1972) Disciplinary revocation is equivalent to disbarment. Marts had pending cases regarding theft of client funds. (Case No. SC14-2186)
• Debra Denise Newman, Tampa, to be publicly reprimanded. (Admitted to practice: 1980) Newman misadvised her client in a family law matter. Newman practiced law in New York before moving to Florida and did not familiarize herself with the differences between the laws of each state. She also failed to inform the client of the final judgement of dissolution.
• John Rex Powell, Cape Coral, suspended until further order. (Admitted to practice: 2007) Powell was adjudicated guilty for the following felonies in U.S. District Court for the Southern District of Indiana, Indianapolis Division: one count of engaging in a child pornography enterprise and two counts of sexual exploitation of a minor. He was sentenced to federal imprisonment of 30 years for each count.
• Wendy Jane Rickles, Worcester, Mass., disbarred. (Admitted to practice: 1979) Rickles misappropriated client funds. This is a reciprocal discipline case resulting from Rickles’ disbarment in Massachusetts. After being retained to represent a client, Rickles deposited the funds directly into her personal checking account instead of the trust account. Over the course of the divorce action, Rickles failed to provide itemized billing sheets and failed to timely disburse funds owed to her client. When the client’s house was sold, Rickles received $300,000 of the proceeds and wrongfully and intentionally took $70,000.
• Kenneth Brian Schwartz, West Palm Beach, to be publicly reprimanded by publication in the Southern Reporter. (Admitted to practice: 2001) Schwartz failed to adequately handle a personal injury case after being retained. He settled a portion of the case with co-counsel, but was terminated when the complainant was informed the statute of limitations had run out on the claim. He also failed to properly keep copies of all his trust account bank statements at his office.
• Thomas Gregory Slother, Tampa. The court granted Slother a disciplinary revocation, with leave to seek readmission after five years. (Admitted to practice: 1977) Disciplinary revocation is equivalent to disbarment. An investigation pending against Slother involved a felony charge of forgery.
• Desmond H. Staple, Tampa. The court granted Staple a disciplinary revocation, with leave to seek readmission after five years. (Admitted to practice: 1998) Disciplinary revocation is equivalent to disbarment. Charges pending against Staple include allegations of trust account irregularities.
• Joshua Johnson Stewart, New Port Richey, suspended for three years. (Admitted to practice: 2004) In two separate cases, Stewart plead guilty to grand theft, possession of morphine, resisting arrest without violence and petit theft.
• Maria De Los Angeles Torres, Hollywood, to be publicly reprimanded. (Admitted to practice: 1997) Torres was found in contempt for failing to timely respond to Bar inquiries. Letters were sent to her address of record on Dec. 9, 2014, Jan. 20, Feb. 17 and March 4.
• Jonathan David Wald, Miami, suspended for 91 days. (Admitted to practice: 1992) While representing a client in a personal injury matter, Wald lent the client $65,000. Although the firm made the loan, Wald had the client sign a promissory note to a business owned by Wald’s father-in-law. Wald also admitted to having made loans to other clients on multiple occasions.
• Randall Albert Werre, Milton, to receive a public reprimand administered by the referee. Further, Werre shall pay restitution of $2,650 to two clients. (Admitted to practice: 1984) In three separate cases, Werre failed to diligently represent clients, to expedite their litigation, and to adequately communicate with clients or The Florida Bar.
• Marilyn Marie Wilson, Venice. The court granted Wilson a disciplinary revocation, with leave to seek readmission after five years. (Admitted to practice: 2001) Disciplinary revocation is equivalent to disbarment. Charges pending against Wilson included failure to diligently represent her clients, failure to communicate with her clients, and failure to respond to Bar inquiries and provide trust account documents.