One Palm Beach County attorney among 10 disciplined by Florida Supreme Court

The Florida Supreme Court recently disciplined 10 attorneys, disbarring one, revoking the license of one and suspending eight. The orders were issued from June 28 to July 28.

The attorneys represent law practices from Tampa to West Palm Beach. Court orders are not final until time expires for the disciplined attorney to file a rehearing motion. The filing of such a motion does not alter the effective date of the discipline, according to The Florida Bar.

Disbarred lawyers may not reapply for admission for five years, after completing a background check and retaking the Bar exam. Attorneys suspended for 91 days and longer must undergo a process to regain their law licenses, including proving rehabilitation. Revocation is tantamount to disbarment.

Jupiter

J. Matthew Thorstad, suspended for 91 days, effective 30 days following a July 6 court order. Thorstad, admitted to practice in 2011, issued improper subpoenas in ongoing litigation and concealed the existence of these subpoenas from the parties, nonparties and their counsel in an attempt to obtain records directly from a third-party health provider. In issuing the subpoenas, Thorstad violated the Florida Rules of Civil Procedure and numerous court orders. Thorstad was found to be in indirect criminal contempt and civil contempt for this conduct.

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Maitland

Raegan S. Yunger, permanent disbarment, effective immediately due to Yunger’s existing suspension from the practice of law. Admitted to practice in 2005, Yunger was arrested and indicted by a grand jury with murder in the first degree and possession of methamphetamine on March 10, 2021.

On Jan. 19, Yunger pleaded guilty to one count of manslaughter, a second-degree felony, and one count of possession of methamphetamine, a third-degree felony. The trial court adjudicated Yunger guilty and sentenced her to 10 years in the Florida Department of Corrections. On Jan. 26, the Supreme Court of Florida entered its order suspending Yunger.

Coral Gables

Leo Benitez, suspended for one year, effective Aug. 19. Admitted to practice in 1989, Benitez filed and pursued a frivolous lawsuit even after receiving evidence that the affidavit on which he relied to support his claims was false. Benitez did not withdraw the affidavit but continued to rely on his client’s denials and did not conduct an independent assessment of the case. Benitez presented significant mitigation, including that he was sanctioned by the trial court for the frivolous litigation. He also accepted responsibility and showed remorse in the disciplinary proceedings.

Miami

Aram Caldarera Bloom, suspended for 91 days, effective Aug. 26. Admitted to practice in 2009, Bloom neglected one client’s case by failing to communicate the status of the case; failing to timely respond to motions or attend hearings; and misinforming the client about the effect of the court’s ruling, resulting in $17,000 in court-ordered sanctions against the client. Bloom was remorseful and cooperative with the bar proceedings.

Elizabeth K. Richert, disciplinary revocation with leave to seek readmission after five years, effective Aug. 12. Admitted to practice in 1992, Richert received a judicial referral stemming from a judgment entered against her in a civil action brought by her family members. Richert’s family members alleged that she fraudulently failed to distribute $95,850.83 to them as required by a family trust. As a result of those proceedings, The Florida Bar tendered a petition for disciplinary revocation.

Safety Harbor

Gale Marie Bobenhausen, suspended, effective with a Aug. 2 court order. Admitted to practice in 1984, Bobenhausen was held in contempt by the court and suspended for her failure to respond to inquiries from The Florida Bar. The Florida Bar filed its petition for contempt and an order to show cause on May 9, and the Florida Supreme Court ordered Bobenhausen to respond by May 25. Bobenhausen failed to file a response.

Bobenhausen is to remain suspended until she has fully responded in writing to the official Bar inquiries, and until further order of the court.

Windermere

A. Marie Delapena, suspended for 90 days, effective immediately. Admitted to practice in 2019, Delapena failed to disclose her termination of employment from a law firm to The Florida Bar on her application for admission to the bar.

Naples

Denise A. Gunn, suspended, effective Aug. 18. Admitted to practice in 1997, Gunn failed to respond to an official bar inquiry. The Florida Bar filed a petition for contempt and an order to show cause on May 22, and the Florida Supreme Court ordered Gunn to show cause by June 6. Gunn failed to file a response to the court’s order to show cause.

Gunn is ordered to be suspended until she fully responds in writing to the official bar inquiry and until further order of the court.

Fort Lauderdale

Gregory Michael Nordt, suspended for three years, effective immediately. Admitted to practice in 1995, Nordt entered a plea of nolo contendere to leaving the scene of a crash with personal injuries, a third-degree felony, and driving under the influence causing property damage/personal injury, a misdemeanor.

Tequesta

Brian McKenna O'Connell, suspended for one year and required to attend Ethics School, effective July 29. Admitted to practice in 1980, O’Connell used funds from a client’s trust based on his belief that the terms of the trust permitted him to borrow those funds. O’Connell failed to advise his client to seek independent counsel regarding the provision in the trust that O’Connell believed allowed him to borrow funds for his own use.

O’Connell paid back the funds with interest a few months after using them. He also made a charitable donation on behalf of the client but told the charity it was on his own behalf and then deducted the same donation on his tax return. O’Connell stated that these acts were mistakes that he ultimately corrected, both with the charity and by filing an amended tax return.

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: Supreme Court disciplines 10 attorneys