Florida Bar announces 21 attorneys being disciplined

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 21 attorneys, including one area attorney.

The breakdown of the 21 who were disciplined included disbarring seven, suspending 10 and placing two on probation. Some attorneys received more than one form of discipline.

Four attorneys were publicly reprimanded. Three were ordered to pay restitution.

As an official agency 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 87,000-plus lawyers admitted to practice law in Florida. Since Aug. 1, 2007, case files have been posted to attorneys' individual Florida Bar profiles and may be reviewed at and/or downloaded from The Florida Bar's Web site, www.floridabar.org.

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 rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, less than 5 percent of disbarred lawyers seek readmission.

The following lawyers are disciplined:

Charles Daniel Akes, P.O. Box 5986, Lakeland, suspended for 91 days, effective 30 days from a Dec. 14, 2009 court order. (Admitted to practice: 1974) As a condition of reinstatement, Akes must receive a recommendation from Florida Lawyers Assistance, Inc. The court found Akes in contempt for failing to comply with orders in two separate cases. (Case No. SC09-1660).

Benjamin Raul Alvarez, 2330 Ponce de Leon Blvd., Suite 201, Coral Gables, publicly reprimanded and placed on probation for six months effective immediately, following a Nov. 25, 2009 court order. (Admitted to practice: 1999) Further, Alvarez shall pay restitution in the amount of $22,632.50 to one client. Despite numerous inquiries by a client and the judge, one year after receiving a $10,000 check for deposit into his trust account, Alvarez admitted that it had been misplaced and was never deposited. In another instance, Alvarez withdrew from a case following a fee dispute with the client. The lawsuit was subsequently dismissed and the client was not informed. (Case No. SC09-217).

Daniel Newton Brodersen, 13350 W. Colonial Drive, Suite 320; Winter Garden, suspended for one year, effective 30 days from a Dec. 3, 2009 court order. (Admitted to practice: 1987) Brodersen misrepresented the truth in a case by backdating two letters for his benefit. He also lied under oath when questioned about the letters. (Case No. SC09-113).

Linda Amy Ann Cahill, 615 N.E. 15th Place, Boynton Beach, publicly reprimanded following a Nov. 12, 2009 court order. (Admitted to practice: 1974) Cahill assisted another lawyer in the practice of law during his suspension. (Case No. SC09-334).

Mary McDowell Callaway, 1600 N Palafox St., Pensacola, disbarred effective immediately, following a Dec. 16, 2009 court order. (Admitted to practice: 1975) Callaway engaged in gross misconduct in mishandling numerous veterans’ guardianship and probate cases. She was issued 40 orders to show cause for failure to timely file accountings in those cases, and was cited for contempt and/or removed as guardian in 22 cases by the court. Callaway also neglected clients in numerous cases. (Case No. SC09-1901).

Gerald John D’Ambrosio, 370 Camino Gardens Blvd., Suite 111, Boca Raton, disbarred effective immediately, following a Nov. 12, 2009 court order. (Admitted to practice: 1987) D’Ambrosio engaged in the practice of law while suspended. (Case Nos. SC07-1369 & SC08-256).

Michael Joseph Davie, 10361 Scott Mill Road, Suite 101, Jacksonville, suspended for 91 days, effective 30 days from a Dec. 11, 2009 court order. (Admitted to practice: 1983) Upon reinstatement, Davie will be placed on probation for one year. He shall also pay restitution in the amount of $15,000 plus interest to one client or the client’s heirs. Davie charged an excessive retainer fee -- $20,000, and after being fired and replaced by another attorney, he refused to refund the money as promised. Davie also misstated his disciplinary history. (Case No. SC04-281).

Howard Seth Gaines, 2901 Clint Moore Road, PMB 271, Boca Raton, disbarred for five years, effective retroactive to May 18, 2009, following a Nov. 12, 2009 court order. (Admitted to practice: 1978) In December 2008, a jury found Gaines guilty of conspiracy to commit mail and wire fraud, both felonies. He was sentenced to 96 months imprisonment and ordered to pay a fine of $15,000 and restitution of nearly $423,000. Upon release from prison, Gaines will be on probation for three years. (Case No. SC09-681).

Gary W. Gramer, 181 Southbay Drive, Suite 2, Naples, suspended until further order, following a Dec. 14, 2009 court order. (Admitted to practice: 1973) In September 2008, Gramer was found guilty in a New York court of grand larceny in the third degree, a felony. He was sentenced to three years of conditional discharge for his conviction. (Case No. SC09-2252).

Sherry Grant Hall, 4399 Commons Drive E., Suite 300, Destin, suspended until further order of the Court, effective 30 days from an Oct. 9, 2009 order. (Admitted to practice: 1986) Hall converted a lease agreement on pastureland that she rented to an agreement for sale of the property for her own benefit by changing the title of the agreement and language in the agreement.  She then filed the fraudulent agreement for sale of the homeowners' property with the clerk's office. The recorded agreement was determined to have three forged signatures and Hall's genuine signature on the document. (Case No. SC07-863).

Christine Marie Horn, 3469 W. Boynton Beach Blvd., Suite 15, Boynton Beach, suspended until further order, following a Nov. 16, 2009 court order. (Admitted to practice: 1980) According to the petition for emergency suspension, Horn appeared to be causing great public harm by the misappropriation of client trust funds or property. A Bar audit was prompted by complaints concerning Horn’s handling of two separate probate estates.  The audit revealed that trust account shortages rose from more than $3,000 in September 2006 to nearly $314,000 in October 2008. (Case No. SC09-2059).

Andrew Mark Jacobson, P.O. Box 1706, Orlando, permanently disbarred effective immediately, following an Oct. 15, 2009 court order. (Admitted to practice: 1979) In April 1993, Jacobson was disbarred for misappropriating client trust funds. He continued to engage in the practice of law after he was disbarred. (Case No. SC09-1366).

Richard Francis Joyner, 2770 Indian River Blvd., Suite 300, Vero Beach, suspended until further order, following a Nov. 13, 2009 court order. (Admitted to practice: 2003) According to the petition for emergency suspension, Joyner has caused serious harm to the public. In July 2009, Joyner won a personal injury case for a client and received a $50,000 settlement, but did not inform the client. He deposited the money into this trust account and by August, the trust account balance totaled less than $10,000. (Case No. SC09-2047).

Randall Jeffrey Layman, 1437 N.W. 13th Terrace, Miami, suspended until further order of the court, following a Nov. 12, 2009 court order. (Admitted to practice: 1995) According to the petition for emergency suspension, Layman appeared to be causing great public harm. He engaged in misconduct resulting in two suspensions and subsequent disbarment in Michigan and he failed to report those disciplinary sanctions, as required, to The Florida Bar. (Case No. SC09-2042).

Scott Henry Lebowitz, 4912 N.W. 85th Road, Coral Springs, disbarred for five years, effective retroactive to Dec. 8, 2008, following a Dec. 10, 2009 court order. (Admitted to practice: 1999) Further, Lebowitz shall pay restitution of $6,458.34 to an estate. Lebowitz failed to diligently handle an estate and misappropriated client funds. (Case No. SC09-641).

William Cone Owen, 241 Pinewood Drive, Tallahassee, publicly reprimanded following a Dec. 3, 2009 court order. (Admitted to practice: 1967) Owen ignored a judge’s instructions and consulted with a physician about the mental health of a client’s mother, who was represented by another attorney. (Case No. SC09-764).

Robert Brian Roemer, 11380 Prosperity Farms Road, Suite 204, Palm Beach Gardens, publicly reprimanded following a Nov. 12, 2009 court order. (Admitted to practice: 1980) Roemer entered into a business transaction with a client resulting in a prohibited conflict of interest, commingled his funds with trust funds and failed to properly render an accounting to the client. Roemer also neglected to maintain minimum trust account records and failed to show the minimum required trust accounting procedures. (Case No. SC09-1963).

Marvin Lee Stull, 1923 16th St. North, St. Petersburg, disbarred for five years, effective retroactive to August 12, 2009, following a Dec. 10, 2009 court order. (Admitted to practice: 1975) Stull improperly withdrew funds from several client bank accounts for his personal use. In one case, the client was deceased. Stull also was arrested and jailed for failure to appear in court. He was found to be in indirect criminal contempt and sentenced to probation. (Case No. SC09-1646).

Robert G. Udell, 1331 S.E. Ocean Blvd., Stuart, disbarred effective immediately, following an Oct. 29, 2009 court order. (Admitted to practice: 1981) Udell agreed to represent a client in a criminal case and he failed to keep a portion of the $50,000 fee in trust as required. Also, between 2005 and 2008, Udell submitted fee affidavits and motions for attorney’s fees which contained false information about the services he performed on behalf of several clients. (Case No. SC09-1879).

Carmen Vozzella, 13805 83rd Street, Fellsmere, suspended for one year, effective 30 days from an Oct. 29, 2009 court order. (Admitted to practice: 1992) Vozzella worked with an attorney who was under disciplinary resignation and ineligible to practice law, and took no steps to supervise her or the paralegal who was based in another state. Vozzella also failed to maintain minimum trust accounting records and failed to follow minimum trust accounting procedures. (Case No. SC09-1876).

Branch Lamar Winegeart, III, 1608 Summerdown Way, St. Johns, suspended for three years, effective retroactive to July 7, 2008, following a Dec. 10, 2009 court order. (Admitted to practice: 1979) Additionally, prior to reinstatement, Winegeart is to be evaluated by Florida Lawyers Assistance and certified eligible to practice law. In several instances, Winegeart was retained to represent clients and failed to follow through. He consistently misrepresented the truth, failed to appear in court, failed to communicate with clients and charged excessive fees (Case No. SC09-1219).