March 15, 2004 Disciplinary Actions March 15, 2004 Disciplinary Actions Disciplinary Actions
The Florida Supreme Court in recent court orders suspended eight attorneys, disbarred four, accepted the resignation of three, reprimanded two, and placed one attorney on probation.The following lawyers are disciplined: Robert Michael Arcaini, P.O. Box 5435, Hialeah, suspended from practicing law in Florida for two years, effective retroactive to April 12, 2001 following a November 6, 2003 court order. ( Admitted to practice : 1994) Arcaini engaged in conduct that is prejudicial to the administration of justice and declined or terminated representation. (Case no. SC03-1814) Gilbert Carrillo, 2651 S.W. 109th Ave., Davie, suspended from practicing law in Florida for 30 days, effective 30 days following a November 6, 2003 court order. ( Admitted to practice: 1976) Among several Bar violations, Carrillo committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; 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. SC03-485) Robert Ian Claire, 1900 N.W. Corporate Blvd., Ste. 300W, Boca Raton, disbarred from practicing law in Florida, effective immediately following a December 11, 2003 court order. ( Admitted to practice: 1984) Among several Bar violations, Claire failed to comply with The Florida Bar Rules Regulating Trust Accounts; failed to act with reasonable diligence and promptness in representing a client; committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. (Case no. SC03-921) James Gaultney Etheredge, 226 Troy St. N.E., Ft. Walton Beach, resigned in lieu of disciplinary proceedings without leave to seek readmission, effective 30 days following a November 6, 2003 court order. ( Admitted to practice: 1972) At the time of Etheredge’s resignation, he was under investigation for several pending cases, including allegedly failing to file monthly psychiatric reports and failing to pay monthly monitoring fees; failing to advise clients of the dismissal of suits or his option of rehearing or appeal; and engaging in false, misleading, and deceptive advertising. (Case no. SC03-970) Jeffrey Martin Herman, 17701 Biscayne Blvd., Ste. 200, Aventura, resigned in lieu of disciplinary proceedings with leave to seek readmission after five years, effective 30 days following a November 20, 2003 court order. ( Admitted to practice: 1985) At the time of Herman’s resignation, he was under investigation for several pending cases concerning allegations of neglect; misuse of funds and trust accounting violations; and conduct prejudicial to the administration of justice. (Case no. SC03-1674) Robert Carroll Hesson, 2247 Herrington Manor Road, Oakland, Md., suspended from practicing law in Florida for 91 days, effective 30 days following a November 6, 2003 court order. ( Admitted to practice: 1981) Among several Bar violations, Hesson failed to pay annual Bar membership fees and failed to comply with continuing legal education requirements; engaged in practicing law while a delinquent member; and failed to respond, in writing, to an official inquiry by Bar counsel. (Case no. SC03-687) Kristopher A. Hollands, 1613 Chelsea Road, Ste. 318, San Marino, Ca., disbarred from practicing law in Florida,effective immediately following a November 20, 2003 court order. ( Admitted to practice: 1993) On April 22, 2002, Hollands was convicted of mail fraud in California, a felony. Hollands participated in criminal misconduct; committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaged in conduct prejudicial to the administration of justice. (Case no. SC02-2708) Cheryl Johnson Howard, P.O. Box 1231, Princeton, N.J., disbarred from practicing law in Florida, effective immediately following a November 20, 2003 court order. ( Admitted to practice: 1988) Howard failed to respond, in writing, to official inquiries by Bar counsel. (Case no. SC03-85) Carolyn Karettis, 3107 Stirling Road, Ft. Lauderdale, reprimanded for professional misconduct following a November 26, 2003 court order. ( Admitted to practice: 1987) Karettis engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and failed to promptly notify the client or third person upon receiving trust account funds. (Case no. SC03-1946) Kathleen Ann Kearney, 1317 Winewood Blvd., Tallahassee, suspended from practicing law in Florida for 91 days, effective 30 days following a December 11, 2003 court order. ( Admitted to practice: 1981) Kearney failed to provide the Bar with a change of address and failed to respond, in writing, to any official inquiry by Bar counsel or a disciplinary agency when conducting an investigation. (Case no. SC03-923) Jay M. Kolsky, 1320 N.W. 14th St., Miami, reprimanded for professional misconduct following a November 6, 2003 court order. ( Admitted to practice: 1973) In representing a client, Kolsky knowingly made a false statement of material fact or law to a third person. (Case no. SC03-1775) Edward Paul Kreiling, 2668 Edgewater Drive, Weston, permanently disbarred from practicing law in Florida, effective immediately following a December 11, 2003 court order. ( Admitted to practice: 1975) Among several Bar violations, Kreiling violated The Florida Bar Rules Regulating Trust Accounts; committed a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer; and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. (Case no. SC03-1225) Jorge Enrique Luna, Jr., P.O. Box 3663, Orlando, suspended from practicing law in Florida for 91 days, effective 30 days following a December 11, 2003 court order. ( Admitted to practice: 1996) Among several Bar violations, Luna failed to provide a client with competent representation; failed to act with reasonable diligence and promptness in representing a client; and neglected to keep a client reasonably informed about the status of a matter. (Case no. SC02-2303) Joseph Pardo, 416 W. San Marco Drive, Miami Beach, suspended from practicing law in Florida for 90 days, effective 30 days following a December 11, 2003 court order. ( Admitted to practice: 1950) Pardo failed to adequately communicate with a person represented by counsel and failed to provide competent representation to a client. (Case no. SC03-792) Donald Vaughn Phillips, 301 S. Monroe St., Tallahassee, suspended from practicing law in Florida for 10 days, effective 30 days following a November 20, 2003 court order. ( Admitted to practice: 1984) Phillips failed to act with reasonable diligence and promptness in representing a client; failed to keep a client 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. (Case no. SC03-1184) Rose J. Spano, P.O. Box 50136, Lighthouse Point, placed on probation for one year, effective immediately following a December 4, 2003 court order. In addition, Spano must enter into an agreement with Florida Lawyers Assistance, Inc. ( Admitted to practice: 1985) Spano committed a criminal act that reflects adversely on her fitness as a lawyer. (Case nos. SC00-222 and SC01-275) Robert Eugene Tamm, 408 N. Wild Olive Ave., Daytona Beach, resigned in lieu of disciplinary proceedings without leave to seek readmission, following a November 13, 2003 court order. ( Admitted to practice: 1976) At the time of Tamm’s resignation, he was under investigation concerning allegations that he misappropriated estate funds while in the capacity of personal representative and counsel of record. (Case no. SC03-1354) James Vance Walker, P.O Box 676, Ponte Vedra Beach, suspended from practicing law in Florida for 10 days, effective November 21, 2003 following a December 8, 2003 court order. ( Admitted to practice: 1976) Walker 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 for failing to promptly comply with the reasonable request for information; and failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. (Case no. SC03-38) 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.
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