TALLAHASSEE, Fla. – Local 10 News has learned 73 lawyers were disciplined by the Florida Supreme Court in the past three months.
Records show 19 of them are from right here in South Florida.
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Below is a list with a brief explanation of disciplinary action against some of the attorneys according to the Florida Bar.
Carl Andrew Borgan, 3130 Jackson Ave., Coconut Grove, disbarred effective immediately, following a May 1 court order. (Admitted to practice: 1983) Borgan held funds in excess of $19,000 belonging to complainants in his trust account for years, despite their numerous requests and demands. He failed to provide requested trust account records to The Florida Bar and he commingled his own funds with those of his clients in order to hide marital assets from his wife in his divorce case. Finally, Borgan failed to appear at a final hearing on discipline, despite being properly noticed.
Marlene Garcia, 1521 Bella Vista Ave., Coral Gables, suspended for three years, effective retroactive to Dec. 5, 2013, and further, placed on probation for three years. She will also sign a rehabilitation contract with Florida Lawyers Assistance, Inc., following a May 9 court order. (Admitted to practice: 1987) In December 2012, Garcia pleaded no contest to one felony count of possession of cocaine and was adjudicated guilty.
Evenette Mondesir, 1175 N.E. 125th St., S-103, Miami, disbarred effective immediately, following an April 21 court order. (Admitted to practice: 1990) Mondesir was a law partner with Gabrielle Alexis, who was disbarred in 2012. The two formed a title company and became agents for the Attorneys Title Insurance Fund. In a real estate transaction involving a lender insured by the Fund, Mondesir and Alexis misappropriated more than $665,000 of proceeds from the closing instead of satisfying the mortgage. Mondesir was also found guilty of contempt for failing to comply with (former ) Rule 3-5.1(g), Rules Regulating The Florida Bar.
Richard A. Munoz, 2030 South Douglas Road, Coral Gables, suspended for 91 days, effective retroactive to March 14, following an April 29 court order. (Admitted to practice: 1992) Munoz represented a client in two bankruptcy cases and submitted an order to the court containing inaccurate information.
Laura E. Spencer, 4161 Barbarossa Ave., Coconut Grove, suspended for three years, effective immediately, following an April 25 court order. (Admitted to practice: 1996) Spencer was found guilty by a jury of fleeing and eluding an officer, a third-degree felony.
Loring Noel Spolter, 1301 E. Broward Blvd., Suite 330, Fort Lauderdale, suspended for three years, effective immediately, following an April 10 court order. (Admitted to practice: 1990) Spolter was found in contempt for failing to comply with the terms of a Sept. 25, 2013, suspension order. Spolter was required to provide a sworn affidavit to The Florida Bar within 30 days of his suspension, listing the names and addresses of all persons and entities that were furnished a copy of his suspension order.
Daniel Joshua Zemel, 2075 N. Bay Road, Miami, suspended for 91 days, effective 30 days from a May 8 court order. Further, upon reinstatement, Zemel shall be placed on probation for one year. He will also undergo a mental health evaluation conducted by Florida Lawyers Assistance. (Admitted to practice: 1990) In 2010, Zemel was a defendant in two civil actions representing himself. He had not paid his Bar dues at the time the offenses occurred, so he was of the belief that Bar rules did not pertain to him. In one case, Zemel was terminated from a law firm after a dispute with his employer. Secondly, during his divorce proceeding, Zemel made false statements of fact to a judge.
Douglas Lawrence Bates, 817 S. University Drive, Suite 100, Plantation, disbarred effective 30 days from a May 29 court order. (Admitted to practice: 1987) Bates pleaded guilty to one felony count of conspiracy to commit wire fraud. From December 2008, Bates was acquainted with Scott Walter Rothstein from the law firm Rothstein Rosenfelt Adler. At Rothstein's request, Bates created two fraudulent opinion letters about the operations of RRA.
Michael Ralph Casey, 1831 N.E. 38th St., Apt. 707, Oakland Park, suspended until further order, effective 30 days from a May 28 court order. (Admitted to practice: 1976) According to a petition for emergency suspension, Casey appeared to be causing great public harm. Casey is accused of defrauding hundreds of investors worldwide out of approximately $20 million. In September 2012, he was charged in federal court, with conspiracy to commit mail and wire fraud. On April 29, Casey failed to appear for a court hearing, and a bench warrant was issued for his arrest by the U.S. District Court, Southern District of Florida. The FBI Wanted poster indicates that Casey "should be considered armed and dangerous."
Ana I. Gardiner, 5920 N.E. 14th Road, Fort Lauderdale, disbarred effective 30 days from a June 5 court order. (Admitted to practice: 1988) While the presiding judge in a capital first-degree murder case, Gardiner was involved in a significant emotional relationship with the lead prosecutor in the case. She deliberately chose not to disclose the information to the defense during the pendency of the proceedings, despite her duty to do so. Further, Gardiner misrepresented the nature and extent of her relationship with the lead prosecutor to the JQC during its investigation into her misconduct.
Joel Scott Jacobi, 12555 Biscayne Blvd., North Miami, suspended for 18 months, effective retroactive to Oct. 21, 2010, following a May 29 court order. (Admitted to practice: 1997) Jacobi and a law partner opened a firm for the purpose of providing nationwide loan modification services, and approximately 85 percent of his clients were from states other than Florida; however, he was only licensed to practice law in Florida. Between September 2009 and October 2010, Jacobi failed to adequately supervise his non-lawyer employees, and failed to ensure client matters were handled diligently. Virtually all communication with clients was done by non-lawyer staff. Jacobi was also negligent in an additional matter unrelated to his loan modification practice, wherein he took a fee for legal services, and then failed to perform any significant services on behalf of the client.
Evan Scott Kagan, 1412 S.W. 20th Court, Fort Lauderdale, suspended for 90 days, effective 30 days from a May 29 court order. Further, Kagan shall pay restitution of nearly $22,000 to nine clients. (Admitted to practice: 2006) Kagan was the subject of numerous Florida Bar disciplinary matters. In each case, Kagan was hired to perform debt consolidation legal services. He accepted the fees for representation and failed to adequately communicate. In some instances, he performed significant legal services but not enough to justify the fees charged.
Frank Excel Marley III, 12555 Orange Drive, Suite 4082, Davie, disbarred effective immediately, following a May 29 court order. (Admitted to practice: 2003) Marley was suspended by the Court in February for his felony conviction in U.S. District Court. He was found guilty of one count of conspiracy to commit wire and mail fraud and six counts of theft from an Indian Tribe.
Loring Noel Spolter, 1301 E. Broward Blvd., Suite 330, Fort Lauderdale, suspended following a June 5 court order. (Admitted to practice: 1990) Spolter was found in contempt for failing to comply with the conditions of his September 25, 2013, suspension. Specifically, Spolter was ordered to provide the Bar within 30 days of his suspension, a sworn affidavit listing the names and addresses of all persons and entities that received the suspension order.
Russell Samuel Adler, 55 S.E. 2nd Ave., Delray Beach, disbarred effective immediately, following a June 19 court order. (Admitted to practice: 1986) In March, Adler was charged with and pleaded guilty to one count of conspiracy to violate the Federal Election Campaign Act and to defraud the United States, in violation of Title 18, U.S. Code, Section 371, a felony.
Bernard H. Butts Jr., 4801 S. University Drive, Davie. The Supreme Court granted Butts' request for a disciplinary revocation, effective 30 days from a June 19, court order, with leave to seek readmission after five years. (Admitted to practice: 1967) Disciplinary revocation is equivalent to disbarment. Butts had a Bar case and a civil case pending alleging that he failed to preserve and apply escrow funds connected to an investment venture. (Case No. SC14-132)
David Bradley Dohner, 2500 E. Hallandale Beach Blvd., Hallandale, suspended until further order, following a July 3 court order. (Admitted to practice: 1994) Dohner was found in contempt for failing to respond to official Bar inquiries regarding three separate cases. (Case No. SC14-658)
Everley A. Linton-Davis, 5921 Hollywood Blvd., Suite A, Hollywood. The Florida Supreme Court granted Linton-Davis' request for a disciplinary revocation, effective immediately, following a June 26, court order, with leave to seek readmission after five years. (Admitted to practice: 1986) Disciplinary revocation is equivalent to disbarment. Among the disciplinary charges pending against Linton-Davis, she failed to disclose pending felony charges of mail fraud, to which she pleaded guilty, to The Florida Bar. (Case No. SC14-391)
Anthony Martin Livoti Jr., 721 N.E. 3rd Ave., Fort Lauderdale. The Florida Supreme Court granted Livoti's request for a disciplinary revocation, effective immediately, following a June 27, court order, with leave to seek readmission after five years. (Admitted to practice: 1974) Disciplinary revocation is equivalent to disbarment. Livoti had a disciplinary proceeding pending due to a 2013 felony conviction. (Case No. SC14-121)
Stuart Alan Rosenfeldt, 100 S.E. 3rd Ave., Fort Lauderdale, disbarred effective July 21, 2014, following a June 27, court order. (Admitted to practice: 1981) Rosenfeldt was charged by Information and pleaded guilty to Conspiracy, in violation of Title 18, United States Code, Section 371, a felony. (Case No. SC14-1088)
Adam Ira Skolnik, 1761 W. Hillsboro Blvd., Suite 201, Deerfield Beach, suspended for 15 days, effective Aug. 8, following a June 13, court order. Skolnik swore under oath that a statement was true, when in fact, he knew that it was not. (Admitted to practice: 2004) (Case No. SC12-2107)
Paul Bradford Woods, 1221 Brickell Ave., Floor 9, Suite 900, Miami, suspended for 91 days, effective 30 days from a June 25 court order. (Admitted to practice: 1981) Woods was found in contempt for failing to comply with the terms of a Dec. 5, 2013 suspension order. Specifically, Woods did not timely submit a sworn affidavit listing the names and addresses of all persons and entities that were furnished a copy of his suspension order or attend a required Practice and Professionalism Enhancement Program. (Case No. SC14-503)