Slinging pills. Ripping off seniors. Miami to Palm Beach lawyers suspended or disbarred
Six attorneys from Miami-Dade, Broward and Palm Beach — three suspended and three essentially disbarred —make up the South Florida representation on the monthly Florida Bar list of lawyers disciplined by the state Supreme Court.
In alphabetical order:
Omar Arcia, Miramar
No one can question the work ethic of Omar Arcia (joined The Florida Bar in 1995), as he took on double the clients most would have in a foreclosure case. But the ethics of Arcia got more than questioned when the clients were co-lender Arlene Rodriguez and borrower John H. Williams.
To add to the obvious conflict, Arcia’s guilty plea for consent judgment says he admitted at a hearing that he didn’t get a conflict waiver from Williams. That seemed to be a habit.
“Additionally, [Arcia] engaged in a pattern in which he represented both co-lenders and borrowers in other foreclosure matters that included Arlene Rodriguez without disclosing the potential conflict of interest or attempting to obtain a knowing and voluntary waiver of the conflict from those clients,” his guilty plea said.
Also, when the Bar asked for Arcia’s records of his client communication about who he represented and conflicts of interests, he took too long to be considered “timely.”
April 12 will be the last day of Arcia’s 91-day suspension.
READ MORE: Miami city attorney subject of Florida Bar investigation and separate complaint
John Jenkins, Fort Lauderdale
John Jenkins, who sometimes goes by middle name “Spencer,” already was suspended after ignoring a client’s case and the Florida Bar inquiries about that case and another abandoned client.
Then, a Louisville man told the Bar Jenkins handled the estate for his uncle, William Walters, who had been dead two years. None of his uncle’s estate, half of which was supposed to go to Walters’ 88-year-old sister, had been disbursed, and Jenkins had gone dark.
READ MORE: A Fort Lauderdale lawyer disappeared. An auditor says he misappropriated $452,000
After a long look at Jenkins’ trust and operating accounts, a Bar auditor concluded he’d misappropriated $452,000 after receiving Walters estate. The state Supreme Court granted the Bar’s request for an emergency suspension. So, now, Jenkins is on double not-so-secret suspension.
READ MORE: Lawyers and judges from the Florida Keys to Palm Beach honored for pro bono work
Ryan Layton, Lake Worth Beach
People are looking for Ryan Layton.
Alma Johnson said Layton (admitted in 2002) of Lake Worth Beach’s Harvey, Waddell & Layton handled her mother Alma Hills’ estate including being the title agent on the sale of the Riviera Beach home Hills bought in 1970. Johnson’s May 12, 2023, complaint includes a settlement agreement that said she’d receive $34,580 and a check from the firm trust account for $10,000.
“We closed on the property on Aug.15, 2022. I have yet to receive my proceeds from this transaction,” Johnson wrote. “I have made several attempts contacting Mr. Layton regarding the unpaid balance that is owed to me. I have received only half of the proceeds, and, at this point, I have made the determination that Mr. Layton has withheld my proceeds and I now believe he has stolen my proceeds.
“Please investigate this matter thoroughly, because I am an elderly woman. I cannot understand why Mr, Layton would conduct business in this manner.”
Ryan Layton (admitted to the Bar in 2002) represented Caribbean All Real Estate, solely owned by Boynton Beach’s Rafael Castro, when it was sued Teresa Lopes in Palm Beach County Circuit Court in 2020. A default judgment in Lopes’ favor for $37,704.99 was entered on Aug. 27, 2021.
Lopes’ attorney, Robert Saylor said in a court filing that Castro began “fraudulently” dumping Caribbean’s assets instead of paying the judgment. Saylor filed a supplemental lawsuit against Castro on Nov. 22, 2022 (Castro might’ve seen this coming — 20 days earlier he quit-claim deed-ed his home to the Mary & Rafael Castro Living Trust).
Saylor told the Miami Herald that he’s retired, but that didn’t mean he wanted to waste his time driving three hours to Palm Beach County for a deposition only to have everybody no-show.
“Despite multiple attempts, after properly noticing Mr. Layton and Mr. Castro for depositions, Mr. Layton failed to produce his client on three separate occasions,” Saylor’s complaint said. “Additionally, Mr. Layton violated a court order that required him to provide answers to interrogatories. He responded to the court’s order by failing to provide adequate answers to the questions, and the document was not properly signed or attested to, hence violating Rules of Professional Conduct.”
When Castro didn’t show up for a Sept. 8, 2023, deposition, Saylor told the court, Layton said “advised Castro was out of the country. Castro later admitted he was not out of the country.”
A Richard Gatje also has filed a complaint against Layton.
Layton’s answered none of the above.
So, starting Feb. 23, he “shall remain suspended until he has fully responded in writing,” to the complaints the state Supreme Court said.
Ronald Lubetsky, Deerfield Beach
The intelligence and discipline necessary for Ronald Lubetsky (admitted in 2001) to become both a licensed medical doctor and an attorney didn’t come with the ability to recognize an undercover officer. Sentencing documents filed by federal prosecutors say Lubetsky slung pills to an undercover on more than 30 visits to ProCare Health Center in North Miami-Dade.
Lubetsky is scheduled to remain in Miami federal prison until Dec. 5, 2026, after his conviction on seven counts of knowingly and intentionally dispensing a controlled substance without authorization by law.
The Florida Department of Health filed an administrative complaint on Feb. 10, 2023, that’ll end with Lubetsky losing the medical license he’s held since 1998. As for the law license, Lubetsky petitioned for disciplinary revocation, which is “tantamount to disbarment.”
The Bar discipline case that would’ve likely ended in Lubetsky’s disbarment goes away. In return, Lubetsky is disbarred for at least five years with the ability to apply for readmission in 2029.
Rafael Perez, Coral Gables
Coral Gables’ Rafael Perez (admitted in 1987) used disciplinary revocation to save time and fuss, although his dispute with a client appeared to be resolved.
Perez’s petition said he’s “alleged to have failed to provide the client with an accounting of funds belonging to the client being held in [Perez’s] trust account and that [Perez] failed to return trust funds to the client upon his demand.”
They agreed upon the amount Perez owed and he went the client his money on Nov. 9. A stipulation of settlement was signed on Nov. 13, 2023.
Perez said to the Miami Herald: “I’m 63 and I’m transitioning out of law anyway. I just wanted to retire and this was a way to do it.”
Jacob Weil, Fort Lauderdale
In the almost three years between Jacob Weil joining the Florida Bar on Sept. 30, 2018, and the suspension he’s been under since Aug. 16, 2021, Weil managed to generate six Bar complaints.
According to Weil’s petition for disciplinary revocation, these complaints involve:
▪ “Allegations by [Weil’s] former law partner that [Weil] abandoned his clients and is in possession of trust funds for multiple clients.”
▪ “Allegations that [Weil] failed to communicate with a client and abandoned her case resulting in a judgment being issued against her.”
▪ “Allegations that [Weil] served as an executor of a deceased client’s trust, and that he abandoned his duties before finalizing the distribution of the estate.”
▪ “Allegations that [Weil] prepared wills and a family trust for clients in 2019 and has since been non responsive to the clients. As a result, the clients have been unable to locate the originals or copies of these documents. The clients also allege that they paid for additional legal services and signed a contract with [Weil], but (he) failed to provide those services. “
▪ “Allegations of failure to account for and misuse of client trust funds. Subsequent to the filing of the bar complaint, a check was issued from another account to reimburse the subject trust funds.”
After Weil didn’t respond to the first four complaints, the Bar initiated another complaint for that.
Weil’s disciplinary revocation went into immediate effect on Dec. 21. He can apply for readmission on Dec. 21, 2028.
