Sarasota attorney suspended 3 years for avoiding being served summons, malpractice suit
A Sarasota attorney has been suspended for three years after he failed to respond to bar complaints, an arbitration petition, and purposely avoided being served an enforcement action and a malpractice lawsuit, according to the Florida Bar.
Mark D. Siegel was suspended on March 2, almost a year after the Florida Bar filed a complaint with the Florida Supreme Court, according to court documents. Siegel has been a member of the Florida Bar since 1983.
The complaint details how Siegel avoided being served an enforcement action after a grievance committee found he violated a condominium association's governing documents and won by default after Siegel failed to respond. The complaint also details Siegel avoided being served a malpractice lawsuit by a former client.
Calls to reach Siegel for comment about his suspension were not immediately returned Monday afternoon.
According to the complaint, the 12th Judicial Circuit Grievance Committee “B” found probable cause to file a complaint after The Landings South I Condominium Association Inc. filed a mandatory non-binding arbitration petition against Siegel on Feb. 15, 2021.
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The petition alleged that Siegel violated the association’s policies by not maintaining a clean and sanitary unit. Siegel failed to respond to the petition, and the association was granted a default in the arbitration.
Mark Willett, a process server in the 12th Judicial Circuit, was assigned in May 2021 to serve a summons, a petition to enforce an arbitration award, and a final order after default to Siegel.
Over the course of two weeks, Willett attempted to contact Siegel at his office and home addresses, called and left voicemails, and left notes at both locations, court documents state.
In an attempt to speak with Siegel, Willett went to Siegel’s home on a Sunday in October 2021. Siegel answered and admitted he’d been avoiding Willett and that he only came home on Sundays because he knew he couldn’t be served then, according to the complaint. Siegel said he planned to avoid being served for years, the complaint states.
Willett then tried to tell Siegel of another summons he had for him, but Siegel didn’t want to know of any additional lawsuits.
The second summons was related to a malpractice lawsuit against Siegel by Mina Caccamise, who hired Siegel to represent her in a civil matter in 2018. Siegel filed a complaint in Sarasota County on behalf of Caccamise but then “took no further meaningful action,” the complaint states. In May 2019, the judge dismissed the case without prejudice.
Caccamise’s complaint alleged Siegel failed to represent her and failed to tell her the status of the case and its dismissal. Caccamise asked three times for more time to serve the complaint as Siegel appeared to actively be avoiding being served, the court document states. Caccamise retained Willett in November 2021 to also serve her complaint.
The complaint also alleges Siegel failed to respond to three letters sent by The Florida Bar in the summer of 2021. It wasn’t until the day that the grievance committee was holding a meeting in late October 2021, in which Siegel could be found in contempt, that he responded. The committee found Siegel “failed to show good cause for failing to respond to the bar inquiries,” according to court documents.
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The Florida Bar filed a petition for contempt and order to show cause with the Florida Supreme Court in early November 2021. Siegel failed to respond, and the Supreme Court suspended Siegel on Jan. 20, 2022. The Florida Bar then filed the current complaint in April 2022. Siegel responded in June; court documents indicate.
In October 2022, Siegel filed a suggestion of bankruptcy, court documents indicate. He was advised that all future pleadings, motions, and notices have to be filed with the appointed referee and not the Supreme Court, court documents state.
The referee recommended Siegel was found guilty of violating 11 rules related to misconduct, competence, diligence, communication, expediating litigation, fairness to opposing party and counsel, and failure to respond to official bar inquiry, among other rules, court documents state.
Since Siegel was already suspended when a decision was made in the current case, his suspension was effective immediately.
Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.
This article originally appeared on Sarasota Herald-Tribune: The Florida Bar: Sarasota-based attorney receives 3-year suspension
