THE FLORIDA SUPREME COURT DISCIPLINES EIGHT ATTORNEYS

Summary of orders issued Oct. 5 – Dec. 1, 2010

On The Florida Bar’s website, it was announced that The Florida Bar, the state’s guardian for the integrity of the legal profession, that the Florida Supreme Court in recent court orders disciplined eight attorneys, disbarring one and suspending six. Some attorneys received more than one form of discipline. One attorney was publicly reprimanded. Four attorneys were ordered to pay restitution.

It was noted that as an official arm 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 90,000-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 The Florida Bar’s website.
These 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.

This information was obtained from The Florida Bar’s website.

The Soreide Law Group, PLLC,  represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.

Florida Lawyers Draw Suspicion in Foreclosure Mess

Recently a Palm Beach Post article by Christine Stapleton and Kimberly Miller stated that young Florida lawyers out of law school and looking for work,  found steady paychecks in burgeoning firms whose business is based on repossessing the American dream.

The article states that more than 260 attorneys work at four of Florida’s largest foreclosure firms, and 48 percent of them have been practicing law for less than three years, according to Florida Bar records obtained by The Palm Beach Post.

With this fall’s allegations of forged foreclosure documents, fraudulent notarizations and questionable affidavits submitted in tens of thousands of foreclosure cases, those nascent lawyers are now under a cloud of suspicion.

Some may face Florida Bar investigations that could end their careers, while homeowner advocates wonder whether the foreclosure crisis would have reached its state of disorder if it weren’t for legions of novice lawyers doing the legwork.

And as the state’s overwhelmed court system sorts through the foreclosure chaos, many of the attorneys who worked for the now deposed law firms have been hired at other large companies doing foreclosure work.

The Palm Beach Post stated that the Atlanta-based McCalla Raymer law firm, which handles foreclosures for mortgage giant Fannie Mae in Georgia, hopes to do the same in Florida. In November, as the firm began setting up shop in Orlando with 10 former attorneys of a diposed Florida firm, disgruntled homeowners in Georgia filed a federal class-action lawsuit against the firm, claiming it used forged documents to take their homes, often while they were in the midst of modifying their loans. This month four other Georgia homeowners – who are representing themselves – have filed similar lawsuits against McCalla Raymer.

The firm initially registered to do business in Florida as McCalla Raymer Florida LLC but dissolved that firm a month later and is now registered to do business in Florida as Stone, McGehee & Silver. The firm, which hired former Fannie Mae associate general counsel and foreclosure expert Susan Reid last month, has plans to expand throughout Florida, advertising for attorneys in Tampa, Fort Lauderdale, Miami and Orlando. While at Fannie Mae, Reid worked with foreclosure attorneys in its retained attorney network, including those from an office that was diposed in Florida.

Still, the distribution of former attorneys from a diposed firm to other firms feels like an injustice to some home­owners in foreclosure.

In sworn statements taken by the state attorney general’s office, two former employees of a diposed Florida firm – a paralegal and a legal assistant – attest to wrongdoing at the firm that included hiding problem files from federal auditors, forging signatures and making up documents as staff struggled to keep up with a mounting volume of foreclosures.

Lack of experience could have led young lawyers to follow their employer’s lead, unaware they may be committing an offense, nonetheless lawyers share a large portion of blame in the foreclosure fracas.

The Soreide Law Group, PLLC,  represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.