March 15, 2007 Disciplinary Actions
The Florida Supreme Court in recent court orders issued nine suspensions, seven disbarments, five reprimands, and six probations affecting 22 attorneys.
The following lawyers are disciplined:
Joan Helen Bickerstaff, 4813 Union Cypress Place, West Melbourne, suspended for 90 days followed by a three-year period of probation with conditions, effective 30 days from a January 11 court order. ( Admitted to practice: 1977) Bickerstaff failed to make reasonable efforts to ensure that a nonlawyer associated with her practice engaged in conduct compatible with her professional obligations; engaged in conduct in connection with the practice of law that is prejudicial to the administration of justice; and failed to maintain the minimum required trust accounting records and follow the minimum required trust accounting procedures. (Case No. SC06-2457)
Ann Bitterman, 3721 S. LeJeune Road, Coconut Grove, suspended for 91 days effective retroactively to September 23, 2004, following a January 18 court order. ( Admitted to practice: 1986) Bitterman violated Rules of Professional Conduct regarding competence, objectives and scope of representation, diligence, and fees and costs for legal service. (Case No. SC06-1592)
Robert John Capko, 145 E. Wilbur Ave., Lake Mary, disbarred for five years effective 30 days from a January 25 court order. ( Admitted to practice: 1993 ) Capko failed to abide by a client’s decisions concerning the objectives of representation and failed to consult with the client as to the means by which they were to be pursued; failed to act with reasonable diligence and promptness in representing a client; failed to keep a client reasonably informed about the status of a matter and failed to promptly comply with reasonable requests for information; and engaged in conduct in connection with the practice of law that was prejudicial to the administration of justice. (Case No. SC06-1180)
Hans Charles Fiege, P.O. Box 354701, Palm Coast, disbarred effective immediately following a January 12 court order. ( Admitted to practice: 1972 ) Fiege failed to abide by a client’s decisions regarding the objectives of representation and failed to consult with the client as to the means by which they were to be pursued; failed to act with reasonable diligence and promptness in representing a client; failed to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information; failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation; entered into an agreement for, charged or collected an illegal, prohibited or clearly excessive fee; failed to take the steps reasonably practicable to protect a client’s interests upon the termination of representation; engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaged in conduct in connection with the practice of law that is prejudicial to the administration of justice. (Case No. SC05-1849)
David Allen Finkelstein, 400 Arthur Godfrey Road, Suite 200, Miami Beach, suspended for three years effective 30 days from a January 25 court order. ( Admitted to practice: 1995 ) Finkelstein was found guilty of professional misconduct and minor misconduct; engaged in conduct involving dishonesty, fraud, deceit or misrepresentation; and failed to respond to the disciplinary agency. (Case No. SC06-616)
John Leslie Gioiello, 404 Jenks Ave., Panama City, reprimanded and placed on probation for three years, following a January 11 court order. (Admitted to practice: 1985) Gioiello failed to properly maintain two of his seven trust accounts in compliance with Bar rules; and failed to maintain the minimum trust accounting records required by the Bar. (SC06-1437)
Timothy J. Hmielewski, 6801 N.W. 77th St., Tamarac, suspended for one year, effective immediately, following a January 11 court order. (Admitted to practice: 1976) Hmielewski failed to submit sworn quarterly information reports after a previous three-year suspension had run but before applying for reinstatement and had direct contact with a client while serving as a paralegal. (SC06-1013)
Charles Paul Horn, 4121 E. Silver Springs Blvd., Ocala, disbarred effective immediately, following a January 25 court order. ( Admitted to practice: 1983 ) Horn failed to abide by a client’s decisions regarding the objectives of representation and failed to consult with the client as to the means by which they were to be pursued; failed to act with reasonable diligence and promptness in representing a client; failed to keep a client reasonably informed about the status of a matter, failed to comply with reasonable requests for information and failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions about the representation; and charged a fee that is excessive. (Case No. SC06-1497)
William Lewis Kadish, 500 Old Country Road, Suite 104, Garden City, N.Y., suspended, effective 30 days from January 17, following a January 18 court order. ( Admitted to practice: 1994) (Case No. SC 07-62)
Richard Randall Kuritz, 1301 Riverplace Blvd., Suite 2600, Jacksonville, reprimanded following a January 25 court order. ( Admitted to practice: 1993 ) Kuritz failed to respond in writing to an official inquiry by Bar counsel. (Case No. SC06-881)
Susan Beth Nissenbaum, 1 Grafton Common, Grafton, Mass., disbarred effective immediately following a January 25 court order. ( Admitted to practice: 1984 ) Nissenbaum was found guilty of misconduct, including dishonesty, fraud, deceit, or misrepresentation, and committed trust fund violations. (Case No. SC06-488)
Robelto Antonio Osborne, c/o Walton Law Firm,
1999 S.W. 27th Ave., Miami, suspended for three years, effective immediately, following a January 25 court order. ( Admitted to practice: 1999 ) Osborne committed an act that is unlawful or contrary to honesty and justice; committed a criminal act that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects; and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. (Case No. SC06-407)
Kirk Robert Owens, 3955 Barberry Court, Cummings, Ga., suspended retroactive to March 13, 2006, following a January 12 court order. ( Admitted to practice: 1997 ) Owens failed to certify compliance with the conditions of a report on minor misconduct. The Florida Bar has accepted Owens’ petition for permanent retirement and he is no longer a member of The Florida Bar. (Case No. SC05-1772)
Guillermo Pena, 444 Brickell Ave, No. 451-119, Miami, disbarred retroactive to July 13, 2005, following a January 19 court order. ( Admitted to practice: 1991 ) Pena continued to practice law while suspended and was found guilty of misconduct justifying disciplinary measures. (Case No. SC04-2367)
Peter Scott Port, 600 Old Country Road, No. LL15, P.O. Box 8066, Garden City, N.J., disbarred effective immediately following a January 11 court order. ( Admitted to practice: 1982 ) Port was adjudicated guilty of making false statements to the Department of Housing and Urban Development. (Case No. SC06-1614)
Mark Fredric Shapiro, 3000 Edgewater Drive, Orlando, placed on probation for two years following a January 18 court order. ( Admitted to practice: 1993 ) Shapiro failed to maintain other documentary support for all disbursements and transfers from a trust fund account; failed to maintain a separate cash receipts and disbursements journal; and failed to follow minimum trust accounting procedures. (Case No. SC06-1723)
Mitchell Lee Singer, 125 Main Street, Netcong, N.J., disbarred effective immediately following a January 11 court order. ( Admitted to practice: 1978 ) Singer pleaded guilty to two charges of third-degree grand larceny and was subsequently disbarred by the disciplinary authorities of the state of New York. (Case No. SC 06-129)
Peter Taylor, 13090 N.W. 27th Ave., Opa Locka, suspended for 30 days, effective 30 days from a January 18 court order. ( Admitted to practice: 2001) Taylor was found guilty of misconduct and minor misconduct; and engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice. (Case No. SC06-137)
Patricia Eloise Thorne, 2393 S. Congress Ave., Suite 200, West Palm Beach, reprimanded and placed on probation for three years, effective immediately, following a January 11 court order. ( Admitted to practice: 1982 ) Thorne failed to comply with a Bar rule requiring her to submit a required affidavit attesting to notification of her clients, opposing counsel and the courts of a previous 90-day suspension. (Case No. SC05-1356)
Robert Eugene Vest, 35341 Rain Tree Circle, Soldotna, Alaska, reprimanded and placed on probation for three years following a Janaury 11 court order. ( Admitted to practice: 1995 ) Vest failed to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information; and failed to respond in writing to an official inquiry by Bar counsel or a disciplinary agency. At the time of the ruling, Vest was administratively suspended for failing to pay annual membership fees to The Florida Bar. (Case No. SC06-1231)
Alan Benes Vlcek, 515 E. 9th St. No. 2, Jacksonville, emergency suspension until further order of the court following a January 24 court order. ( Admitted to practice: 1976 ) Vlcek misappropriated funds from a probate estate where he had been appointed personal representative; failed to comply with the court’s orders to pay over trust funds to a new personal representative, and failed to comply with a subpoena for his trust account records. (Case No. SC07-77)
Sara Weissbard, 3800 S. Ocean Drive, Suite 224, Hollywood, reprimanded and placed on probation for one year following a January 11 court order. ( Admitted to practice: 2001 ) Weissbard violated several rules of The Florida Bar regarding permissible advertising. (Case No. SC06-1725)
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.
