Florida Supreme Court disciplines 22 attorneys


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  • | 12:00 p.m. December 5, 2016
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The Florida Supreme Court disciplined 22 attorneys — disbarring three, revoking the licenses of two, suspending 15 and publicly reprimanding two. One attorney also was placed on probation. Three are ordered to pay restitution.

• Marcy Elizabeth, Cooper City, suspended until further order. (Admitted to practice: 2002) Abitz was found in contempt for noncompliance and failure to respond in writing to official Florida Bar inquiries.

• Heather Aquafresca, Webster, Mass., suspended for 91 days. (Admitted to practice: 2008) After being retained, Aquafresca failed to adequately represent clients. In one case, a judge removed her as attorney for a client because she failed to appear in court on numerous occasions. In another matter, after accepting a fee, Aquafresca took no further significant action on the case. When she finally contacted the client, she requested additional fees or said she would withdraw. The client instructed Aquafresca to withdraw and she failed to do so.

• Chris R. Borgia, Coral Gables, suspended for 90 days. (Admitted to practice: 2002) Borgia is further placed on probation for one year and shall pay restitution of nearly $6,600 to three clients. In several unrelated cases, Borgia was hired and paid a retainer to perform legal services for his clients for disability claims and/or appeals. In each case, he neglected the clients’ matters. He failed to communicate and failed to keep them reasonably informed about the status of their cases.

• Ronald Clyde Denis, West Palm Beach, disbarred. (Admitted to practice: 1997) Denis improperly obtained clients through a nonlawyer referral service. Despite having undergone the Law Office Management requirement, Denis continued his pattern of neglecting clients. He also refused to participate in the disciplinary process.

• John Daneil Ellis Jr., Orlando, suspended for three years. (Admitted to practice: 1990) In representing a client, Ellis presented a forged document to the court and made a false statement to the judge.

• Melissa A. Heaton, Cooper City, suspended for 91 days. (Admitted to practice: 2007) Heaton was retained by a client in October 2013 to provide an opinion letter with respect to the client’s website. Heaton failed to communicate with the client, despite numerous requests for information, and to produce the letter.

• Thomas Richard Kinsella, Lutz, to receive a disciplinary revocation without leave to seek readmission. (Admitted to practice: 1986) Disciplinary revocation is tantamount to disbarment. A disciplinary charge pending against Kinsella involved an adjudication of guilt in 2013 for DUI with property damage and personal injury.

• Gregg R. Lopez, Miami, suspended until further order. (Admitted to practice: 2000) Lopez was found in contempt for failure to comply with a subpoena requesting production of trust accounting records and also for failure to respond to official Bar inquiries.

• Kevin John Morris, P.O. Box 1600, suspended for 91 days. (Admitted to practice: 1994) Morris is further directed to attend ethics school. In representing a couple in a personal injury case, Morris communicated solely with the wife, relying on her statements indicating her husband was in a coma. When the husband recovered, he was dismayed to learn things occurred regarding the case he did not agree to, such as a fee for Morris. Morris also failed to hold the settlement funds in trust pending authorization from the husband.

• Brian John Murtha, Melbourne, suspended for 91 days. (Admitted to practice: 1987) An audit concluded Murtha’s trust account was not in substantial compliance with Bar rules. In more than one instance, he disbursed fees prior to receiving the deposits. The disbursement created shortages that were corrected when funds were deposited. In four separate matters, Murtha failed to diligently handle the cases, resulting in court dismissals.

• Leonard Platteborze, Albuquerque, N.M., disbarred. (Admitted to practice: 1991) Platteborze was charged with racketeering, possession of controlled substances, possession of drug paraphernalia and trafficking in drugs. He later pleaded no contest to the racketeering charge and was adjudicated guilty by the court. He was sentenced to seven years in prison followed by four years’ probation. Platteborze failed to notify the Bar of his felony charges or conviction.

• Garry Lee Potts, Clearwater, suspended for three years. (Admitted to practice: 1988) Potts was found in contempt for failure to comply with the terms of a May 13 suspension order. Specifically, Potts was required to notify his clients, opposing counsel and tribunals of his one-year suspension and provide the Bar within 30 days a sworn affidavit listing the names and addresses of people and entities furnished a copy of his suspension order.

• David Laurence Prince, Plantation, suspended until further order. (Admitted to practice: 1996) According to a petition for emergency suspension, Prince appeared to be causing great public harm. The Bar alleges Prince abandoned his practice, charged excessive fees and failed to protect his clients. The Bar has more than 50 open investigations against Prince, including one from the U.S. Bankruptcy Court in the Western District of Virginia.

• Jay Romano, Boca Raton, to be publicly reprimanded by publication. (Admitted to practice: 1992) Further, he shall attend ethics school. Romano is the subject of several disciplinary matters in which he failed to diligently represent clients. In two instances, he failed to provide retainer agreements, was disorganized and did not provide complete updates. In two other matters, Romano accepted retainer agreements but improperly handled the cases.

• William Glenn Roy III, Altamonte Springs, disbarred. (Admitted to practice: 2002) A Florida Bar investigation found Roy misappropriated approximately $125,000 of funds he held as an escrow agent. He also altered bank statements and other documents pertaining to the IRS to conceal the misappropriation. Roy was charged with possession of cocaine and using a firearm while under the influence and has entered into a deferred prosecution agreement requiring participation in the Florida Lawyers Assistance Program.

• Adam Ruiz, Tallahassee, to be publicly reprimanded. (Admitted to practice: 2000) Ruiz shall further pay restitution of $17,500 to clients. In five separate matters, Ruiz accepted fees but failed to diligently pursue cases. In most instances he failed to communicate, did little or no work and failed to appear in court. Clients were forced to hire new counsel.

• Robert Louis Spallina, Parkland, the Supreme Court granted Spallina’s request for a disciplinary revocation, with leave to seek readmission after five years. (Admitted to practice: 2001) Disciplinary revocation is tantamount to disbarment. Disciplinary matters pending against Spallina involved civil charges for securities fraud.

• Paul Dunlap Srygley, Tallahassee, suspended for three years. (Admitted to practice: 1980) Further, he shall pay restitution of $10,000 to one complainant. Srygley was paid $20,000 to represent a client at two parole commission hearings. Before the first hearing, he requested and received an additional $10,000. Srygley assured the complainant he was experienced with the parole commission and he promised to get her son out of prison. Srygley subsequently could provide no proof he had performed any substantive work on the client’s file.

• Peter G. Stamas, Fort Lauderdale, suspended for 91 days. (Admitted to practice: 2007) Stamas represented a client charged with a misdemeanor. A warrant had been issued ordering the arrest of the client. Stamas made false statements and misrepresentations to the trial court in support of vacating the warrant.

• Daniel Tantleff, Brooklyn, N.Y., suspended for 91 days. (Admitted to practice: 1993) Tantleff was found in contempt for violating a prior court order, by failing to comply with the terms of his Florida Lawyers Assistance rehabilitation contract. The Bar was subsequently made aware he was arrested for drug-related charges. Tantleff again failed to comply with his Florida Lawyers Assistance contract by testing positive for alcohol and cocaine and failing to report his arrest.

• Tara Marie Warrington, Cocoa, suspended until further order. (Admitted to practice: 2008) According to a petition for emergency suspension, Warrington was alleged to be causing great public harm by abandoning her law practice and failed to respond to 10 clients’ attempts at communication after she had accepted their legal fees.

• Lawrence B. Wrenn Jr., Coral Gables, suspended until further order. (Admitted to practice: 1978) Wrenn was found in contempt for failure to respond in writing to official Bar inquiries regarding a complaint.

 

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