December 15, 2012 Disciplinary Actions
Prepared by The Florida Bar’s Public Information and Bar Services Department
The Florida Supreme Court in recent court orders disciplined seven attorneys, disbarring one and suspending six.
The following lawyers are disciplined:
Delaila Jannette Estefano, 3850 Bird Road, Suite 901, Miami, suspended for 90 days, effective retroactive to March 9, 2009,
following an October 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 October 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 October 9 court order. (Admitted to practice: 1969) For three months, Porch accepted clients from a nonlawyer company that he knew was not an approved lawyer referral service. Porch failed to supervise nonlawyer employees and failed to review any work they did regarding loan modification and foreclosure litigation cases. Porch also 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 October 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 October 11 court order. (Admitted to practice: 2006) Speer was held in contempt for failing to comply with the terms of a December 14, 2011, court order. Speer was ordered to respond to The Florida Bar regarding a trust account overdraft inquiry of September 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 October 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 October 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)
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.