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May 15, 2013

Disciplinary Actions
Prepared by The Florida Bar’s Public Information and Bar Services Department
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The Florida Supreme Court in recent court orders disciplined eight attorneys, disbarring two, suspending five, and publicly reprimanding one. Two attorneys received more than one form of discipline. Two were also placed on probation.

The following lawyers have been disciplined:

Richard Lee Buckle, 907 69th St. N.W., Bradenton, suspended for one year, effective 30 days from a March 28 court order. (Admitted to practice: 1973) In a sealed disciplinary action, Buckle was suspended from practicing law. As a condition for reinstatement, he must provide a report from a board certified mental health professional demonstrating his competence and fitness to practice law. (Case No. SC10-1533)

Martin Christopher Gilliam, 18800 N.W. 2nd Ave., Suite 125, Miami Gardens, suspended for 10 days, effective 30 days from an April 16 court order. Upon reinstatement, Gilliam is placed on probation for two years. (Admitted to practice: 2005) Gilliam continued to remain in arrears for monitoring fees and missed a number of required check-ins and penalty tests, as required by his rehabilitation contract with Florida Lawyers Assistance, Inc. He also tested positive for the use of drugs and/or alcohol on two occasions in violation of his rehabilitation contract. (Case No. SC12-2241)

Timothy Patrick McCabe, 30 S. M St., Lake Worth, suspended until further order, effective immediately, following an April 18 emergency suspension order. (Admitted to practice: 1990) According to the petition for emergency suspension, McCabe appeared to be causing great public harm by misappropriating client funds in excess of $3 million. He also abandoned his law practice. (Case No. SC13-636)

Leonardo Adrian Roth, 201 S. Biscayne Blvd., Suite 905, Miami, disbarred effective retroactive to December 8, 2010, following a March 28 court opinion. (Admitted to practice: 1988) Roth and law firm partner Mark Enrique Rousso had a $4.3 million deficit in their trust account. They claimed their nonlawyer bookkeeper embezzled the money. In its opinion, the court rejected the referee’s reduction of costs as an “equitable adjustment” and ordered Roth and Rousso to pay the Bar’s costs in full, each being responsible for half of the total $70,826.23. (Case No. SC11-16)

Mark Enrique Rousso, 1000 E. Hallandale Beach Blvd., Hallandale Beach, disbarred effective retroactive to December 8, 2010, following a March 28 court opinion. (Admitted to practice: 1991) Rousso and law firm partner Leonardo Adrian Roth had a $4.3 million deficit in their trust account. They claimed their nonlawyer bookkeeper embezzled the money. In its opinion, the court rejected the referee’s reduction of costs as an “equitable adjustment” and ordered Rousso and Roth to pay the Bar’s costs in full, each being responsible for half of the total $70,826.23. (Case No. SC11-15)

Laurie Schrier, 562 E. Woolbright Road, No. 217, Boynton Beach, suspended until further order, effective 30 days from an April 12 court order. (Admitted to practice: 1988) Schrier was found in contempt for failing to respond in writing to Bar inquiries. (Case No. SC12-2164)

Daniel Edgar Tropp, 5750 Collins Ave. Apt. 4A, Miami Beach, publicly reprimanded and placed on probation for three years following a March 28 court order. (Admitted to practice: 1992) When Tropp and his wife were involved in protracted and contentious divorce proceedings, he filed four motions to disqualify the judge, alleging bias based on knowingly false statements and impugning the integrity of the judge. In recommending this disciplinary sanction, the referee found several mitigating factors, including no prior disciplinary violations and personal and emotional problems. (Case No. SC11-45)

Rafael Ubieta, 175 S.W. 7th St., Suite 2007, Miami, suspended from the practice of law until further order, following a March 14 court order. (Admitted to practice: 1998) Ubieta was named as a defendant in an indictment filed in U.S. District Court for the Southern District of Florida, alleging that he conspired to commit wire fraud. He was found guilty by a jury of six counts of the indictment. (Case No. SC13-395)

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.

[Revised: 04-05-2014]