Lawyers who repeatedly take cases they are not qualified to handle and who repeatedly fail to pursue cases they take on will be disbarred, the Florida Supreme Court has said in a disciplinary case.In an April 29 opinion (Case No. SC02-1687), the court ordered the disbarment of an attorney who took on several cases and then did little or nothing to pursue the matters. The attorney also engaged in several acts to cover up his failures, including in one case preparing 24 false property titles.The case also provoked a strongly worded concurring opinion from Justice Fred Lewis, in which Justice Kenneth Bell concurred.Lewis wrote that the attorney deserved disbarment alone for taking cases he was apparently not qualified to handle. But that was compounded by the lawyer’s failure to diligently pursue the cases and keep his clients informed, which in turn was compounded further by his lying to the clients about the status and outcome of cases and attempts to cover up his inactivity, which included preparing the fake titles.He quoted the referee’s findings: “Respondent harmed his clients by incompetent action, he expressly lied about it to his clients, and thereafter he continued to affirmatively lie and attempt to cover up the lies. Significant consideration must be given to the fact of multiple incidents of such conduct by the respondent, involving several clients. There is no way to interpret the respondent’s deliberate actions in a light favorable enough to him to accept his suggestion that he meant no harm. He is not a competent lawyer. More egregious, however, is the defect he refers to as one of personality. It is more; it is a defect, if not an absolute absence of honesty, integrity, and ethical judgment.. . . The Bar has an obligation to protect the public and to maintain reasonable standards of professional and ethical responsibility. [The respondent] has not and cannot meet those standards, and thus is not qualified to practice law and represent members of the public.”According to the opinion, the attorney was hired to handle a property case in Georgia but never filed to appear pro hac vice or a notice of appearance, and did not appear at the trial. After the resulting adverse ruling, the attorney prepared but never filed a motion to set aside judgment, and lied to the client about the status. The actions cost the client about $29,000 in the lost value of the property.A condominium association hired the lawyer to handle foreclosures on timeshare units where taxes or assessments were outstanding. Five years later, when asked about 24 cases that had not been finalized, the attorney gave the association falsified certificates of title, even though the foreclosures were not final. Some units were sold based on those titles, which resulted in multiple owners claiming the same unit, which created additional legal expenses for the association.In another case where the association brought suit against an owner, the attorney failed to comply with discovery requirements after the unit owner countersued, which resulted in an $18,000 judgment against the association. The attorney paid that from his own funds, but didn’t tell the association about the settlement until after the fact.At one point, the attorney signed a letter acknowledging his failure to act on cases for a client and promised to do better in the future. But he then failed to pursue two other cases he was hired to handle, and was ultimately fired by the client.The lawyer had sought a one-year suspension, but the court noted under the Florida Standards for Imposing Lawyer Sanctions 4.41 (failure to perform or neglect), 4.51 (lack of understanding of fundamental legal doctrines or procedures), and 4.41 (engaging in intentional conduct involving dishonesty, fraud, deceit, or misrepresentation that adversely affects the lawyer’s fitness to practice), disbarment was appropriate. “In light of the multiple instances of misconduct involved and the nature of the misconduct in this case, we approve the referee’s recommendation. . . , ” the opinion said.In his concurring opinion, Justice Lewis added: “[T]his court must not hesitate to affirm the powerful message of the referee — that misconduct as egregious as that demonstrated in the instant matter will result in disbarment.” June 1, 2004 Regular News Don’t take cases you are unqualified to handle Don’t take cases you are unqualified to handle
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The living area at 16 Muriel Ave, Manly West.The property also has a barbecue pit area, double carport, single garage, shed, garden shed and water tanks. “I’ll miss how quiet it is on the deck,” Mr Lee said. “On a Saturday morning you could almost feel you’re in the bush — there’s a huge back yard with wildlife like kookaburras. “You can’t see the other houses around.” The property is being marketed by David Lazarus of Belle Property Manly and it will be auctioned on September 2 at 4pm. The deck at 16 Muriel Ave, Manly West.The two bedrooms are a good size and the bathroom has a shower-over-bath, toilet and basin. The home has hardwood floors, VJ walls and high ceilings. Downstairs there is a fully enclosed rumpus room, second bathroom and laundry. The studio apartment has a combined living and bedroom area with kitchenette and rear deck. The kitchen at 16 Muriel Ave, Manly West.“When we first bought the home it had an old, brown kitchen. It wasn’t nice,” he said. “The kitchen is now the focal point of the home with its herringbone splashback.” The couple also revamped the bathroom and repainted the property. The main house has a front porch, entryway, separate living room and open-plan kitchen and dining room with french doors opening to the big back deck. More from newsCrowd expected as mega estate goes under the hammer7 Aug 2020Hard work, resourcefulness and $17k bring old Ipswich home back to life20 Apr 2020The kitchen has a farmhouse sink, gas cooktop and plenty of bench and cupboard space. The home at 16 Muriel Ave, Manly West.THIS renovated cottage on a big block is going under the hammer in Manly West. The property at 16 Muriel Ave includes a two-bedroom cottage with a Hamptons-style kitchen, a big deck, and a studio apartment.Christopher and Bridget Lee bought the home in 2011 and have brought the property back to its former glory. Mr Lee said they opened the front veranda back up, removed some of the internal walls, installed new hardwood floors and replaced the kitchen.
0Shares000Barcelona’s Gerard Pique irked his club’s management by participating in a documentary that speculated on Griezmann’s possible move to the Catalan club © AFP/File / Cristina QuiclerMADRID, Spain, Jun 19 – Barcelona star Gerard Pique has landed himself in hot water with the club’s managers over his involvement in a documentary which saw Atletico Madrid’s Antoine Griezmann announce his decision to snub the Catalan giants.Pique owns the production company that filmed “The Decision” in which the French striker mulls a possible move to Barcelona before finally revealing his decision to sign a contract extension with Atletico through to 2023 instead. The documentary aired on Thursday on a Spanish pay TV channel and Griezmann, 27, on Monday signed the deal, which will reportedly see his salary rise to 20 million euros a year, making him the best paid player in the club’s history.Barcelona president Josep Maria Bartomeu has spoken to Pique and informed him that his role in making the video had “generated surprise and discomfort within the club and among many of its supporters”, Barcelona vice president Jordi Mestre told a news conference on Tuesday to present former player Eric Abidal as the team’s new sports director.“We will speak internally with Gerard Pique and Samuel Umtiti after they return from the World Cup,” he added.Umtiti apparently irked Barcelona’s management as well because he replied to a Twitter message sent by Pique promoting the documentary by writing: “I just need the popcorn”.“At Barca we want players who are committed and determined to win here, above all. That said, we are sorry and we regret that the fans could have felt disappointed” by Griezmann’s final decision and the way it was delivered, said Mestre.Pique has defended himself, saying he was not aware whether or not Griezmann was going to stay with Atletico when he got on board with the TV show and that the French player was unsure of what path to take until the last minute.He wrote on Twitter that the documentary was “another way to see the life of a football player and his doubts over the most important decision of his career”.0Shares000(Visited 3 times, 1 visits today)