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The Florida Bar
www.floridabar.org

SUPREME COURT DISCIPLINES SEVEN ATTORNEYS


FOR IMMEDIATE RELEASE
November 29, 2012
CONTACT:
Karen Y. Kirksey; kkirksey@flabar.org,
The Florida Bar
TELEPHONE:
(850) 561-5766


Summaries of orders issued between Oct. 9 and Oct. 24, 2012

The Florida Bar, the state's guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined seven attorneys, disbarring one and suspending six.

As an official arm of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 93,000-plus lawyers admitted to practice law in Florida. Since 2007, case files have been posted to attorneys' individual Florida Bar profiles and may be reviewed at and/or downloaded from The Florida Bar's website, www.floridabar.org.

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.

Delaila Jannette Estefano, 3850 Bird Road, Suite 901, Miami, suspended for 90 days, effective retroactive to March 9, 2009, following an Oct. 24 court order. (Admitted to practice: 1999) From January 2007 through September 2008, due to a lack of timely deposits, there were some instances in which Estefano’s trust account had insufficient funds. Estefano also failed to maintain proper trust account records, and she failed to follow proper trust accounting procedures. (Case No. SC12-1676)

Howard Joseph Milchman, 9900 W. Sample Road, Suite 300, Coral Springs, suspended until further order, effective 30 days from an Oct. 17 court order. (Admitted to practice: 1987) According to a petition for emergency suspension, Milchman appeared to be causing great public harm by misappropriating trust funds or property. In one matter, Milchman used the estate of one client as a source of funds to make a restitution disbursement of more than $45,000 to another client, similar to a Ponzi scheme. In multiple instances, he has not applied funds entrusted to him for specific purposes. (Case No. SC12-2106)

Clarence Edward Porch Jr., 2674 S.E. Willoughby Blvd., Stuart, suspended for 91 days, effective 30 days from an Oct. 9 court order. (Admitted to practice: 1969) For three months, Porch accepted clients from a non-lawyer company that he knew was not an approved lawyer referral service. Porch failed to supervise non-lawyer employees and failed to review any work they did regarding loan modification and foreclosure litigation cases. Also, Porch purchased leads of prospective clients’ names and paid an employee to call those prospective clients. (Case No. SC12-1674)

Gene Stuart Rosen, 1550 N.E. Miami Gardens Drive, North Miami Beach, suspended until further order, effective 30 days from an Oct. 9 court order. (Admitted to practice: 1974) According to a petition for emergency suspension, Rosen appeared to be causing great public harm by misappropriating and/or diverting funds entrusted to him and by breaching his fiduciary duties with respect to the handling of those funds held in trust. (Case No. SC12-2003)

Kelly Earlise Speer, P.O. Box 172067, Tampa, suspended until further order effective immediately, following an Oct. 11 court order. (Admitted to practice: 2006) Speer was held in contempt for failing to comply with the terms of a Dec. 14, 2011, court order. Speer was ordered to respond to The Florida Bar regarding a trust account overdraft inquiry of Sept. 8, 2011. (Case No. SC11-1866)

Joseph Anthony Tsombanidis, 905 E. Martin Luther King Jr. Drive, Suite 630, Tarpon Springs, permanently disbarred effective immediately, following an Oct. 15 court order. (Admitted to practice: 2000) Tsombanidis was held in contempt for failing to comply with the terms of a May 3 disbarment order. He was required to provide to The Florida Bar within 30 days of his disbarment a sworn affidavit listing the names and addresses of all persons and entities that were furnished a copy of his disbarment order. (Case Nos. SC11-1819, SC11-2288 & SC12-1280)

David Arnold Venie, 13520 Lanner Drive, Orlando, suspended for one year, effective 30 days from an Oct. 11 court order. (Admitted to practice: 2004) Venie engaged in a pattern of misconduct in regard to the representation of his adult daughter. He filed an improper document and failed to withdraw it resulting in court sanctions. He further prepared, signed and filed a false sworn affidavit to correct deficiencies in a quit claim deed. (Case No. SC11-327)
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EDITORS: Please note The Florida Bar is not an association and "Association" is not part of our name. Proper reference is "The Florida Bar." Local bar organizations are properly termed "associations."

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EDITORS: Please note The Florida Bar is not an association and "Association" is not part of our name. Proper reference is "The Florida Bar." Local bar organizations are properly termed "associations."

[Revised: 11-29-2012]