News Releases

SUPREME COURT DISCIPLINES 4 ATTORNEYS

Summaries of orders issued from April 29, 2023 to June 27, 2023

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 four attorneys, disbarring one, revoking the license of one and reprimanding two.

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 110,000 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.

Brett Elam, 105 S Narcissus Ave, Ste 802, West Palm Beach, permanent disbarment effective following an April 18 court order. (Motion to vacate was denied June 21, 2023) (Admitted to practice: 2002) Elam was disbarred for misappropriation, misrepresentation and violating a court order by Supreme Court Order dated March 28, 2019. Despite his disbarment, Elam continued to engage in the active practice of law. Elam was permanently disbarred for contempt of the Supreme Court of Florida. (Case No. SC23-328)

RoseMarie Feller, 745 Primera Blvd, Ste 1001, Lake Mary, public reprimand and completion of Ethics School effective following a June 15 order. (Admitted to practice: 2001) Feller and a former client entered into a business relationship where they created a new law firm in which the former client, a nonlawyer, had an ownership interest. Such a business arrangement is prohibited by the Rules Regulating The Florida Bar. Although Feller took steps to change the ownership interest in the law firm to comply with the rules, her former client continued marketing efforts that did not comply with the Bar’s rules. After Feller ended the business relationship with her former client, the former client filed suit against her. Feller told opposing counsel in the suit that, unless it was dismissed, she would file criminal charges against the former client and his family members. The Bar rules prohibit an attorney from threatening criminal charges to gain an advantage in a civil matter. (Case No. SC2022-1779)

Jose Francisco Garcia, 1948 N John Young Pkwy, Kissimmee, disciplinary revocation with leave to seek readmission after five years effective 30 days from the June 1 court order. (Admitted to practice: 2001) The Florida Bar conducted a compliance audit of Garcia’s trust account after receiving a complaint from a medical provider alleging that petitioner had failed to honor a letter of protection in a personal injury case. The bar’s audit revealed that petitioner was not in substantial compliance with the Rules Regulating The Florida Bar, which resulted in a shortage in his trust account.  (Case No. SC23-0572)

Edward Serrano Rosado, PO Box 25401, Tampa, public reprimand effective following a June 1 court order. (Admitted to practice: 2003) Rosado failed to diligently file a lawsuit or take other appropriate action on a client’s behalf in a personal injury matter, which resulted in the expiration of the statute of limitations for the client’s claims. (Case No. SC23-0713)

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