Florida Bar News

July 1, 2015 Disciplinary Actions

The Florida Supreme Court in recent court orders disciplined 20 attorneys — disbarring three, revoking the licenses of four, suspending 12, and publicly reprimanding one.

Edward Mitchell Albrecht, 3632 Land O’Lakes Blvd., Suite 106-13, Land O’Lakes. The court on April 24 granted Albrecht a disciplinary revocation with leave to seek readmission after five years, subject to the continuing jurisdiction of the court. (Admitted to practice: 1995) Disciplinary revocation is equivalent to disbarment. Albrecht had charges pending regarding failure to diligently represent clients and failure to communicate with them. (Case No. SC15-437)

Robert F. Alsfelder Jr., 3700 Center St., Cincinnati, Ohio, suspended indefinitely, until further order, effective 30 days from a March 30 court order. (Admitted to practice: 1986) According to a petition for emergency suspension order, Alsfelder, who is also a member of the Ohio State Bar Association, appeared to be causing great public harm. He was suspended from practicing law in Ohio, but failed to notify The Florida Bar of his suspension as required. (Case No. SC15-546)

David Joseph Berger, 2020 N.E. 163rd St., North Miami, suspended until further order, effective 30 days from an April 8 court order. (Admitted to practice: 2010) Berger was found in contempt for willful failing to respond to official Bar inquiries. (Case No. SC14-2468)

Bernard F. Daley, Jr., 901 N. Gadsden St., Tallahassee. The court granted Daley a permanent disciplinary revocation without leave to seek readmission, effective 30 days from an April 24 court order. (Admitted to practice: 1978) Disciplinary revocation is equivalent to disbarment. Daley had numerous charges pending including but not limited to lack of diligence and communication and excessive billing. (Case No. SC15-330)

Alma Celeste Defillo, 660 Park St., Jacksonville, suspended effective immediately, until further order and until she fully responds in writing to official Florida Bar inquiries. (Admitted to practice: 2000) Defillo failed to respond to Bar inquiries regarding two complaints. It appears that she closed her office and left the country. (Case No. SC15-293)

Tami Leigh Diebel, 2640 N. Lakemont Ave., Winter Park, suspended for 91 days, effective 30 days from an April 9 court order. (Admitted to practice: 2003) While handling a civil matter, Diebel received a direct order from the court requiring her to provide an affidavit confirming the absence of any insurance coverage for her client and her client’s minor child. Diebel provided the court with an affidavit from her client; however, the affidavit failed to disclose to the court the existence of a homeowners insurance policy that covered both her client and her client’s minor child. (Case No. SC14-1559)

Daniel Robert Doorakian, 625 N. Flagler Drive, Suite 605, West Palm Beach, to be publicly reprimanded following an April 2, 2015, court order. (Admitted to practice: 2001) Between November 2009 and July 2013, Doorakian has been arrested, convicted and sentenced in three driving under the influence cases in Palm Beach County. (Case No. SC14-1656)

Obed Dorceus, 16B Pine Hill Lane, Palm Coast, suspended for 91 days, effective immediately, following an April 10 court order. (Admitted to practice:1994) Dorceus was found in contempt for failing to comply with the terms of a July 10, 2014, suspension order. Specifically, he was required to notify his clients, opposing counsel, and tribunals of his suspension and provide to The Florida Bar within 30 days a sworn affidavit listing the names and addresses of all persons and entities that he informed. (Case No. SC14-2456)

Kallan Christopher Eslich, 5119 N. Tamiami Trail, Suite 1, Sarasota. The court granted Eslich a disciplinary revocation with leave to seek readmission after five years, effective May 26, following an April 24 court order. (Admitted to practice: 2005) Disciplinary revocation is equivalent to disbarment. Eslichhad several charges pending including those involving trust account violations and failure to diligently represent his clients. (Case No. SC15-218)

John Peter Friedrich, Jr., 915 Middle River Drive, Suite 514, Ft. Lauderdale, suspended for 90 days, effective 30 days from an April 24 court order. (Admitted to practice: 1985) In the course of acting as attorney for a trust, Friedrich neglected to complete the matter for an extended period of time and failed to take necessary action that could have prevented certain delays with regard to charitable gifts. Additionally, he failed to properly communicate with the personal representative regarding the status of the case. (SC15-583)

Ronald Lamont Hardin, P.O. Box 2649, Zephyrhills, disbarred effective immediately, following an April 2 court order. (Admitted to practice: 2010) Hardin was found in contempt for failing to respond to official Bar inquiries. In September 2014, Hardin was placed on emergency suspension for misappropriating client trust funds. (Case Nos. SC13-2094 & SC14-1350)

Marie Louise Henry, P.O. Box 953521, Lake Mary, suspended for six months, effective 30 days from a March 31 court order. Additionally, prior to reinstatement, Henry is required to be evaluated by a mental health professional regarding her fitness to practice law. (Admitted to practice: 2009) Henry made misrepresentations to the court and engaged in other conduct prejudicial to the administration of justice in two separate court matters. (Case No. SC13-1127)

Marc H. Hoffman, 22028 Martella Ave., Boca Raton. The court granted Hoffman a disciplinary revocation with leave to seek readmission after five years, effective May 26, following an April 24 court order. (Admitted to practice: 1974) Disciplinary revocation is equivalent to disbarment. Hoffman had a multitude of grievances pending, including those stemming from federal action shutting down the Hoffman Law Group, which engaged in a massive fraudulent operation that preyed on consumers and was run by non-lawyers whom Hoffman failed to supervise. (Case No. SC15-431)

David Evans Hunt, 6 Highland St., Portland, Maine, disbarred effective 30 days from an April 17 court order. (Admitted to practice: 1999) This is a reciprocal discipline action. Hunt was also a member of the Maine State Bar Association. Hunt abandoned his office and clients in Maine. An audit revealed that client retainers had been deposited into the operating account instead of the trust account. Investigators subsequently learned that Hunt had become significantly impaired by substance abuse and had traveled to Maryland for inpatient treatment. He also received inpatient treatment in Maine. (Case No. SC14-1417)

John Thomas Kennedy, P.O. Box 2723, Stuart, suspended for 20 months, effective 30 days from an April 24 court order. (Admitted to practice: 1984) An audit revealed that Kennedy commingled his funds with client funds held in trust by failing to promptly remove earned funds. He failed to maintain minimum trust account records and he failed to follow all the required trust account procedures. At a deposition, it was learned that after suffering a series of health and financial problems, Kennedy closed his law firm and moved out of the country. (SC15-580)

Maurice Andrew Mooney, 4456 Cortez Road, W. No. 88, Bradenton, suspended until further order, following an April 28 court order. (Admitted to practice: 1994) According to a petition for emergency suspension, Mooney appeared to be causing great public harm by misappropriating client trust funds. (Case No. SC15-746)

Eugene Keith Polk, 201 E. Government St., Pensacola, suspended for 91 days, retroactive to November 14, 2013, following an April 2 court order. (Admitted to practice: 1994) After being retained, Polk failed to diligently represent a client in a criminal case and to adequately communicate with him. Polk failed to timely file the client’s initial brief, but, after withdrawing as counsel, a public defender was appointed and the appeal was completed. (Case No. SC14-2149)

James Herbert Rainey, 1117 Clare Ave., West Palm Beach, disbarred effective retroactive to June 21, 2013, following an April 1 court order. (Admitted to practice: 1983) Rainey misappropriated client funds. (Case No. SC13-881)

Phillip Harding Taylor, 200 Central Ave., Suite 710, St. Petersburg, suspended for one year, effective immediately, following an April 10 court order. (Admitted to practice: 1989) Taylor was found in contempt for violating the terms of his July 24, 2014, suspension order. Specifically, Taylor was required to notify his clients, opposing counsel and tribunals of his suspension and provide to The Florida Bar within 30 days a sworn affidavit listing the names and addresses of all persons and entities that he informed. (Case No. SC14-2505)

Daniel Joshua Zemel, 2075 N. Bay Road, Miami Beach, suspended for one year, effective immediately, following an April 14 court order. (Admitted to practice: 1990) Zemel was found in contempt for violating the terms of a May 8, 2014, suspension order. He was ordered to undergo a mental health evaluation ordered by Florida Lawyer’s Assistance and comply with the treatment recommendation, including entering into a rehabilitation contract with FLA. (Case No. SC15-313)

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, less than 5 percent of disbarred lawyers seek readmission.