The Florida Bar

News Releases

SUPREME COURT DISCIPLINES 15 ATTORNEYS

FOR IMMEDIATE RELEASE
October 29, 2021
CONTACT: Leslie H. Smith, [email protected]
Communications
TELEPHONE: 8505615764

Summaries of orders issued from September 30, 2021, to October 28, 2021

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 15 attorneys, disbarring two, suspending eight, reprimanding one, and revoking the licenses of four. Two attorneys were placed on probation and one attorney has been ordered to pay restitution.

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 more than 109,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.

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 includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

Carl Robert Anderson, 5627 W.  Cavedale Dr., Phoenix, AZ, suspended for one year effective immediately following an Oct. 13 court order. (Admitted to practice: 2005) Anderson was held in contempt of the Court’s order, dated Feb. 16, 2021, for failing to comply with Rule 3-5.1(h) requirements of notifying clients, opposing counsel and tribunals of his suspension. (Case No: SC21-1180)

Mark E. A. Bakay, 2431 Aloma Ave., Suite 254, Winter Park, suspended for one year and probation for two years effective 30 days following a Sept. 30 court order. (Admitted to practice: 2004) Bakay and his client went to a car dealership where the client bought a vehicle. Bakay gave the dealership a check from his law office business account to hold until the client was able to provide his personal check after the receipt of some anticipated settlement funds. When the client failed to provide the promised check, the dealership deposited Bakay’s check, which was returned due to insufficient funds. The dealership successfully sued Bakay, and the court found that he committed fraud. A compliance audit of Bakay’s attorney trust account found that he commingled funds by placing earned fees in his trust account. (Case No: SC21-779)

Brandon Joshua Barker, 3300 S. Dixie Hwy., Suite 1-775, West Palm Beach, suspended for 91 days effective immediately following an Oct. 19 court order. (Admitted into practice: 2012) Barker was held in contempt of the Court’s order, dated Feb. 11, 2021, for failing to comply with Rule 3-5.1(h) requirements of notifying clients, opposing counsel and tribunals of his suspension. (Case No: SC21-1177)

Stephen Herschel Butter, 2875 N.E. 191 St., Suite 702, Aventura, disciplinary revocation with leave to seek readmission after five years, effective 30 days following an Oct. 14 court order. (Admitted to practice: 1965) Butter is facing two disciplinary files: one that involves allegations of misappropriation and mishandling of client funds and the other that involves neglect and/or abandonment of a client matter. (Case No: SC21-1320)

Marcos Antonio Gonzalez-Balboa, 15500 New Barn Rd., Suite 107, Miami Lakes, disciplinary revocation with leave to seek readmission after five years, effective 30 days following an Oct. 14 court order. (Admitted to practice: 1979) Gonzalez-Balboa tendered a guilty plea to and was adjudicated guilty of vehicular homicide and related charges. (Case No: SC21-1275)

Adam Hill, 1060 Woodcock Road, Orlando, suspended for 90 days, attendance at The Florida Bar’s Ethics School, and must pay restitution effective 30 days following an Oct. 28, court order. (Admitted to practice:  2011) Hill referred potential clients referred to him by The Florida Bar Lawyer Referral Service to another attorney in violation of the rules of The Florida Bar Lawyer Referral Service.  Additionally, Hill neglected a case referred to him by the other attorney for a trial by having no interaction with the client. When the client failed to appear at trial because the other attorney had mistakenly told him not to appear for the court date, Hill still made no attempt to directly contact the client and the client lost at trial and was ordered to pay a judgment on the counterclaim. (Case No: SC21-443)

Justin Infurna, 735 Lanai Circle, Indian Harbour Beach, permanent disbarment effective immediately following an Oct. 20 court order. (Admitted to practice: 2010) Infurna engaged in a pattern of client neglect involving lack of competence, lack of communication, and lack of diligence. He failed to adequately supervise his nonlawyer employees and made misrepresentations to clients as well as to the court. Infurna employed a disbarred or suspended attorney and failed to comply with the reporting requirements of Rule 3-6.1. He committed trust account violations, including commingling client funds with his operating funds. Infurna ultimately abandoned his clients’ cases and failed to appear for numerous court hearings and mediations. He engaged in a pattern of verbally attacking clients, former employees, and fellow attorneys. Infurna also failed to pay several legal vendors, as well as his office phone service, resulting in his office’s phone number being disconnected and his office lease being terminated. After Infurna’s misconduct escalated, he was emergency suspended for causing great public harm. Thereafter, Infurna failed to notify his clients about his suspension and continued to practice law in violation of the Court’s order. (Case Nos.: SC20-1775, SC20-1834 & SC21-646)

Craig S. Jenni, 7999 N. Federal Hwy., Suite 360, Boca Raton, suspended for 45 days and probation for two years, required to attend The Florida Bar’s Professionalism Workshop and complete Continuing Legal Education Courses effective 30 days following an Oct. 14 court order. (Admitted to practice: 2001) Jenni was hired by an insurance company to investigate a fatal scuba diving accident. He met with the widow and did not make clear to her that he was an attorney at the time of the initial meeting.He also failed to advise her that his interest on behalf of the insurance company were potentially adverse to her interests or advise her to seek independent counsel. (Case No: SC21-1397)

Raquel Dalila Levy, 1335 Ridgewood Ave., Holly Hill, public reprimand by publication, required to attend Ethics School and complete a review by The Florida Bar’s Diversion/Discipline Consultation Service effective immediately following an Oct. 14 court order. (Admitted to practice: 2011) Levy failed to properly supervise her employees resulting in her paralegal, a disbarred lawyer, speaking with clients on the phone and meeting with clients on a few occasions at the office. Additionally, Levy’s paralegal and office manager acted without her knowledge or permission and performed services on behalf of an individual. Levy no longer employs the disbarred lawyer or her office manager. (Case No: SC21-1385)

Stefan E. McHardy, 15800 Pines Blvd., Suite 300, Pembroke Pines, disbarred effective immediately following a Sept. 30 court order as he is currently suspended. (Admitted to practice: 2011) McHardy failed to timely request attorney’s fees and costs despite notice from the court and the client’s requests. As a result, the case was administratively closed by the court. McHardy then failed to respond to the grievance filed by the client with the Bar despite the Bar personally contacting and speaking with him. The lack of response resulted in a contempt finding by the Supreme Court of Florida and a suspension for McHardy. McHardy also failed to participate in the subsequent referee proceeding on the underlying grievance. The Bar submitted evidence of McHardy’s use of his status as a lawyer in good standing on social media as a realtor despite his suspension. (Case No: SC21-619)

Juan Carlos Mercado Jr., 28 W. Flagler St. Suite 710, Miami, suspended for six months effective 30 days following an Oct. 14 court order. (Admitted to practice: 2017) As an Assistant State Attorney, Mercado Jr. engaged in a sexual relationship with a defendant who was pending prosecution by his office. Mercado Jr. provided confidential information to the defendant and offered her advice and assistance regarding her case. (Case No: SC21-1404)

Ronald Louis Nelson, 1247 1st Ave. N., Saint Petersburg, disciplinary revocation effective immediately following an Oct. 21 court order. (Admitted to practice: 1994) Nelson was involved in two separate disciplinary matters involving his failure to respond to the Bar’s requests for trust account records and neglect of a client matter. Nelson was previously under suspension for failing to respond to the Bar and failing to provide notice of his suspension to his clients and the courts. (Case No: SC21-1214)

Michael Brady Scoma, 17301 Pagonia Drive, Suite 200, Clermont, disciplinary revocation with leave to seek readmission after five years effective immediately following an Oct. 21 court order. (Admitted to practice: 2003) Scoma used client funds for purposes other than what they were intended resulting in significant shortages in the trust account.  Scoma also delayed the disbursement of settlement funds and failed to maintain the minimum trust records and follow the minimum trust accounting procedures. (Case No: SC21-1229)

Jeffrey Alan Siegmeister, P.O. Box 329, Live Oak, suspended for 91 days effective immediately following an Oct. 13 court order. (Admitted into practice: 1994) Siegmeister was held in contempt of the Court’s order, dated March 19, 2021, for failing to comply with Rule 3-5.1(h) requirements of notifying clients, opposing counsel and tribunals of his suspension. (Case No: SC21-1226)

Michael L. Wolowitz, 134 E. 13th St., Hialeah, suspended for 15 months nunc pro tunc to a Feb. 6 court order. (Admitted to practice: 2012) Wolowitz was the subject of multiple drug-related charges which were nolle prossed following his successful completion of a pretrial diversion program. (Case No: SC21-1388)

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