Disciplinary Actions By Florida Supreme Court

The Florida Bar recently published its periodic 'gossip sheet' announcing the discipline recently meted out by the Florida Supreme Court to some of the Bar's wayward members.

The following lawyers were disciplined for either playing fast & loose with client's trust funds, improperly ripping off clients out of unwarranted legal fees/gifts, or otherwise not dealing on the up & up with their clients:

• Ronald George Baker, 2655 S. Le Jeune Road, Ph. II-B, Coral Gables, suspended for 91 days, effective July 14, following a May 15 court order. (Admitted to practice: 1976) Baker had a long-time business relationship with a client whom he assisted in an estate planning matter. A restatement of the trust provided that Baker, who prepared the documents at the instruction of the client, would receive $250,000 as a beneficiary of the reinstatement. Upon the death of the client, Baker disbursed the funds to himself and he additionally collected $110,000 for serving as trustee, personal representative and attorney. Baker violated Bar rules involving conflict of interest. His acceptance of a substantial gift from a client was inappropriate and also violated Bar rules. (Case No. SC12-2725)

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• Jennifer Aycock Bonifield, 1025 Professional Park Drive, Brandon, disbarred effective immediately, following a May 15 court order. (Admitted to practice: 2002) Bonifield abandoned her law practice and converted funds held in trust. She was found guilty of the following offenses: committing a criminal act, charging excessive fees, fraud and misrepresentation, and engaging in a pattern of neglect. In several instances, Bonifield failed to maintain adequate communication with clients, failed to work diligently on cases, and failed to respond to the Bar's inquiries. (Case No. SC12-1188)

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• Libio Calejo, 2500 N.W. 79th Ave., Suite 102, Doral, suspended for one year, effective 30 days from a May 15 court order. Further, Calejo was ordered to pay restitution of $9,700 to six separate clients. (Admitted to practice: 2004) Calejo represented approximately 20 debtors in federal bankruptcy court. Many of the petitions and schedules he filed contained inaccuracies, leading to amendments that also contained inaccuracies and resulted in unreasonable delays. Calejo’s failure to appear at a number of scheduled creditors’ meetings resulted in the dismissal of most of the bankruptcy cases. Calejo also failed to adequately communicate with clients, often leaving that responsibility to his non-lawyer personnel. (Case No. SC12-2729)

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• Stewart Lawrence Jacobson, P.O. Box 120007, Clermont, to be publicly reprimanded following a May 15 court order. (Admitted to practice: 1977) The Bar’s audit of Jacobson’s trust account revealed a shortage of approximately $30,000, but found no indication of intentional misappropriation. The shortage was due to negligent record keeping. (Case No. SC12-1941)
  
  Stephen Gilman Kolody, 3625 Hidden Tree Lane, Fort Myers, suspended for 91 days with reinstatement under Rule 3-7.10, effective 30 days from a May 15 court order. Further, Kolody shall pay restitution of more than $10,000 to two clients. (Admitted to practice: 1980) Kolody was found in contempt for noncompliance with a subpoena to produce trust accounting records. Kolody accepted fees in advance in two instances and subsequently failed to perform the services. (Case Nos. SC11-721 & SC12-1420)

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• Charles Edward Pellicer, 28 Cordova St.,Saint Augustine, to be publicly reprimanded and placed on probation for two years, following a May 15 court order. (Admitted to practice: 1976) Pellicer took out a $20,000 loan from an elderly blind woman who was a former client. He also handled several legal matters for her after obtaining the loan. He failed to advise her to obtain independent legal advice regarding the loan. Pellicer failed to make the required loan payments for six months but later paid off the loan. Pellicer also commingled his personal funds with trust funds and failed to maintain his trust account records in substantial compliance with the rules. (Case No. SC12-1190)

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• James Herbert Rainey, 1117 Clare Ave., West Palm Beach, suspended until further order, following a May 22 court order. (Admitted to practice: 1983) According to a petition for emergency suspension, Rainey appeared to be causing great public harm. A Bar investigation found that Rainey misappropriated client funds. He also misrepresented facts in a written response to a Florida Bar inquiry. (Case No. SC13-881)

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• Mark David Tucker, P.O. Box 557818, Miami, disbarred effective 30 days from an April 30 court order. (Admitted to practice: 1981) Tucker was found in contempt for failing to comply with the terms of a November 2010 suspension order that also placed him on probation for three years. Tucker failed to pay $72,950 to a former client within the three-year probationary period as required. (Case No. SC12-952)

Source: Supreme Court Disciplines 23 Attorneys.