Florida Supreme Court disciplines 18 attorneys across the state

The Florida Supreme Court recently disciplined 18 attorneys — revoking the license of three, suspending 12 and reprimanding three. Court orders are not final until time expires for the disciplined attorney to file a rehearing motion.

The attorneys represent law practices from across the state. Disbarred lawyers may not reapply for admission for five years and are required to undergo a rigorous background check, as well as retake the Bar exam. Attorneys suspended for 91 days and longer must demonstrate rehabilitation in order to regain their law licenses.

Disciplinary revocation is tantamount to disbarment.

Fort Lauderdale

Jose Pete Font, suspended for three years. Admitted to practice in 2004, Font — in his capacity as managing partner — authored motions to withdraw as counsel containing disparaging information about other attorneys, and subsequently authorized the filing of hundreds of those motions in various courts.

Paul K. Silverberg, suspended for 91 days. Admitted to practice in 1998, Silverberg was required to hold $23,000 in escrow due to a dispute between a seller and a purchaser. In April 2018, the dispute was resolved, but for a period in 2017, the trust account did not have the full $23,000 deposited therein.

Additionally, Silverberg had some communications with a former client while suspended from the practice of law.

Miami

James Edward Leano, suspended until further order of the court. Admitted to practice in 1998, Leano settled an insurance claim for which $40,000 was paid by Geico and deposited into Leano’s trust account. According to the staff audit and court records, Leano misappropriated at least $26,577.88 of client funds from his trust account.

Pedro Alejandro Gonzalez, suspended until further order of the court. Admitted to practice in 1994, Gonzalez was held in contempt for failing to respond to official Bar inquiries and for failure to respond to the Court’s Order to Show Cause.

Hector M. Acosta Carrillo Jr., suspended until further order of the court. Admitted to practice in 2019, Carrillo misappropriated funds from the trust account by making improper withdrawals and transfers from the client’s trust account to his personal checking account. Carrillo did not keep and maintain proper accounting records.

Orlando

Shawn Michael Berry, disciplinary revocation with leave to apply for readmission after five years. Admitted to practice in 2009, Barry filed a Petition for Disciplinary Revocation as The Bar was investigating allegations against Berry that included failure to timely record security instruments in connection with his provision of loan closing services, misappropriation of real estate escrow funds, the unlicensed practice of law and arrests for felony offenses.

Intercession City

Gregorio Dickson-Ventura, suspended for three years. Admitted to practice in 1997, Dickson-Ventura became the subject of investigation after The Florida Bar received notice of insufficient funds in his trust account. The Bar initiated a compliance audit and found that Dickson-Ventura did not maintain trust account records as required.

The Bar also found numerous instances of commingling and that Dickson-Ventura should have been holding $2,000 of client funds in the trust account to cover medical bills for the client. There was no evidence of intentional misuse of client funds.

Daytona Beach

Theodore R. Doran, public reprimand and ordered to attend ethics school and a professionalism workshop. Admitted to practice in 1982, Doran represented a wife in a contentious dissolution of marriage case where the husband filed a joint tax return, allegedly with his estranged wife's oral consent, which the wife strenuously denied as being true.

In his communication with opposing counsel, Doran threatened to initiate a fraud investigation with the IRS and/or pursue criminal charges to obtain an advantage for the wife in the divorce case if the husband did not sign the partial settlement agreement proposed by Doran, without alteration.

Oviedo

Mark Edwin Heimendinger, suspended for two years. Admitted to in practice 2016, Heimendinger entered a plea of no contest to aggravated assault, carrying a concealed firearm, improper exhibition of a dangerous weapon and battery on or about Aug. 25.

The trial court sentenced Heimendinger to five years of probation and two days of imprisonment with credit for two days time served.

Coral Gables

William Power McCaughan Jr., disciplinary revocation with leave to seek readmission after five years. Admitted to practice in 2007, McCaughan tendered a petition for disciplinary revocation following his indictment on federal criminal charges.

Palm City

Nazmul Islam, suspended for one year. Admitted to practice in 2011, Islam failed to provide competent representation while handling a client’s immigration matter, failed to adequately communicate with the client, failed to diligently handle the matter and engaged in dishonest conduct.

Islam’s client was facing deportation, and Islam told the client not to appear in court. When the judge asked Islam where his client was, Islam misrepresented to the judge that he did not know. Because the client failed to appear in court, the judge entered an order of removal. Islam failed to advise his client of the order of removal.

Live Oak

James Michael Janousek II, public reprimand and ordered to participate in the Florida Lawyers Assistance, Inc., program. Admitted to practice in 2007, Janousek did not contest a referee’s report with regard to a three-count complaint.

In Count I, Janousek was court-appointed to represent a client in a criminal case. After one year of no contact, the court ultimately appointed new counsel in the matter.

In Count II, Janousek filed a notice of appeal on behalf of his client. The court directed Janousek to file an amended notice of appeal with an appropriate certificate of service. He failed to do so, and he was removed from the case.

In Count III, Janousek failed to timely file an initial brief in his client’s appeal, and the court removed him from the case.

St. Petersburg

Brandon Lee Kolb, suspended. Admitted to practice in 2002, Kolb failed to respond to an official Bar inquiry. The Florida Bar filed a Petition for Contempt and Order to Show Cause on Oct. 25, and the Florida Supreme Court ordered Kolb to show cause by Nov. 14.

Kolb failed to file a response to the Court’s Order to Show Cause. Kolb is suspended until he fully responds in writing to the official Bar inquiry and until further order of the Court.

Crestview

Bert Edward Moore, disciplinary revocation for five years with leave to apply for readmission. Admitted to practice in 1981, Moore filed a Petition for Disciplinary Revocation based on two cases that were pending at The Florida Bar.

The first case, in which there was a probable cause finding, was a judicial referral from the First District Court of Appeal for failure to respond to several orders relating to an appeal and failure to timely respond to The Florida Bar. The second case was pending at staff level and was based on neglect of a client’s criminal case.

Tampa

John James Rogers, public reprimand, attendance at The Florida Bar’s Professionalism Workshop, and payment of disciplinary costs. Admitted to practice in 1994, Rogers failed to respond to several appellate court orders and failed to appear at the first order to show cause hearing in a matter where he represented a defendant regarding an appeal of a denial of a motion to suppress.

Rogers was ordered to contact and meet with the 13th Judicial Circuit Local Professionalism Panel and comply with all outstanding orders. His attempts at compliance were unsuccessful and his attempt to contact the Professionalism Panel too late as the DCA had already entered an order noting respondent’s delays and failures to comply and had referred the matter to The Florida Bar.

Altamonte Springs

William Glenn Roy Jr., suspended for 30 days. Admitted to practice in 1980, Roy violated Rule Regulating The Florida Bar 4-4.2 by communicating with a represented party. A trial court disqualified Roy from representing the plaintiffs and referred the matter to The Florida Bar. In his written response to the Bar, Roy made unprofessional comments toward the trial court.

Land O Lakes

Tanner Robert Whitmill, suspended. Admitted to practice in 2016, Whitmill was held in contempt by the Court and suspended effective 30 days from a Dec. 18 court order for his failure to respond to inquiries from The Florida Bar.

The Bar filed its Petition for Contempt and Order to Show Cause on Oct. 17, and the Florida Supreme Court ordered Whitmill to respond by Nov. 2. Whitmill failed to file a response. Whitmill is to remain suspended until he has fully responded in writing to the official Bar inquiries, and until further order of the Court.

Pensacola

David Luther Woodward, suspended for 91 days. Admitted to practice in 1969, Woodward failed to comply with all terms and conditions set forth in the consent judgment, including failing to enter into the recommended rehabilitation contract with Florida Lawyers Assistance, Inc.

The Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation administer a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 110,000 members of The Florida Bar.

Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.

This article originally appeared on Palm Beach Post: Florida Bar report: State Supreme Court disciplines 18 lawyers