An attorney’s Florida discipline has resulted in a reciprocal five-year suspension by the New York Appellate Division for the First Judicial Department

The Florida misconduct

Respondent was admitted to the Florida Bar on or about February 19, 2015. In 2016, the Florida Bar commenced an investigation into respondent’s conduct resulting in eight disciplinary charges filed against her. In July 2019, respondent submitted a petition for disciplinary revocation (PDR), with leave to seek readmission after five years, which Bar Counsel supported and which was submitted to the court.

By order of August 29, 2019, the Supreme Court of Florida granted the PDR, noting, inter alia, that “[d]isciplinary revocation is tantamount to disbarment.”

The PDR set forth the circumstances that led to her disbarment. Specifically, in or about 2015, respondent, who had no substantive legal experience, was “recruited” by “a disbarred lawyer and two non-lawyers” for purposes of using her “license as an attorney” “to create a law firm’ to be known as Volks Anwalt.'” Respondent served as the “managing partner” of the “multistate law firm which claimed to be headquartered in New York [but] the New York office was virtual. The only physical and functional office was in Jacksonville, Florida.”

“[t]he operational concept was that Volks Anwalt would hire attorneys from around the country, on a contract basis, to represent clients in foreclosure, loan modification and bankruptcy cases. In each instance when Volks Anwalt retained a lawyer, the retained lawyer would be identified as a Volks Anwalt partner.’ The partners’ were to be compensated on a monthly basis for the activities performed.”[] The only authority that these partners’ had with respect to case management was simply that, i.e., management of the assigned case. They had no other authority within the Volks Anwalt firm.”[] Most, if not all, documents generated and/or work performed was done by paralegals located in Jacksonville, Florida, not the partner.’ The majority of this work was not supervised by an attorney.”[] Clients were secured through internet advertising. They would execute a fee agreement and pay the fees to Volks Anwalt, not to the partner.'”

It became obvious that respondent “had essentially no control over the day-to-day [*2]operations of the… firm, or the individual cases in various states.” Due to the firm’s “failure to research or adhere to local state rules, the firm and [respondent] as Managing Partner, have been disciplined (suspended, disbarred and/or ordered to disgorge fees) in at least eight states” and the firm dissolved in February 2017. As a result of the firm structure, for which respondent took full responsibility, “numerous issues arose which resulted in the discipline of partners’ in various jurisdictions, partners’ not being compensated, etc. Virtually all these issues arose as a direct result of the concept and structure of Volks Anwalt which contravened various Rules Regulating the Florida Bar.”

Here

In consenting to reciprocal discipline, respondent argues that a suspension of five years (effective as of the date of the Florida revocation i.e. August 29, 2019) with reinstatement in New York contingent upon her readmission in Florida, rather than disbarment, is the practical equivalent of the Florida revocation. Respondent highlights the fact that she was a young lawyer with virtually no experience practicing law and no experience managing a firm who, within months of her 2015 Florida admission, was “recruited” by three unscrupulous nonlawyers (one of whom was a disbarred lawyer) to establish a “law firm.” After it became a disaster, respondent closed the firm in August 2017 and ceased practicing law in any form, taking full responsibility for the problems, and voluntarily making restitution to firm clients and others, and cooperated with the Florida Bar. Respondent notes further that she has been suspended in New York since June 2018, and she has agreed to reimburse the Florida Client Security Fund for any monies paid out and any restitution and fees ordered disgorged before any readmission application.

(Mike Frisch)