Cancer Claims, Smoking In Closing Argument And Blogging Get Florida Lawyers In Trouble
Summaries of recent disciplinary actions on the web page of The Florida Bar include
Nicole Blair Dickerson III North Orange Ave., Suite 800, Orlando, two-year suspension effective 30 days from a March 5 court order. (Admitted to practice: 2015) Dickerson was disrespectful and unprofessional in multiple cases before multiple courts, failed to diligently and competently represent clients, was late or failed to appear in court on behalf of clients, and failed to communicate adequately with clients. She was also convicted of resisting an officer without violence, a first-degree misdemeanor. Additionally, Dickerson engaged in an impermissible conflict of interest by representing two individuals in different criminal cases who had conflicting interests. (Case Nos. SC19-616 and SC19-1678)
Howard David Friedman, 2413 Tuscarora Trail, Maitland, public reprimand effective 15 days from a March 5 court order. (Admitted to Practice: 1987) During Friedman’s campaign for the Office of State Attorney for the Ninth Judicial Circuit, he distributed campaign brochures and made statements that suggested, or specifically stated, that while his opponent Jeffrey Ashton was the state attorney, he wrongfully fired Friedman’s wife, Annette Schultz, after she became ill with cancer. Friedman omitted any reference to the passage of 11 years between Schultz’s cancer diagnosis and her job termination. (Case No: SC19-1422)
Stephen Gutierrez, 454 SW 8th St., Miami, suspended for 91 days effective 30 days following a February 26 court order. (Admitted to practice: 2015) Gutierrez represented a client charged with arson. During closing arguments, smoke came out of Gutierrez’s pocket, which disrupted proceedings. Gutierrez said an e-cigarette battery spontaneously combusted in his pocket. An investigation into the alleged conduct was inconclusive. While the arson matter was pending, Gutierrez also filed suit in a related civil matter for the same client who pleaded guilty to the arson charge, admitting he set fire to a vehicle. Thereafter, Gutierrez subsequently filed an amended complaint in the civil case claiming the damage was caused by a vehicle collision. (Case No: SC19-562)
The ABA Journal reported on the Gutierrez matter,
Jay S. Spechler, 1026 N. Northlake Drive, Hollywood, suspended for 45 days effective immediately following a February 27 court order. (Admitted to practice: 1979) Spechler posted a statement on a courthouse blog toward a judge that could be perceived as threatening. (Case No: SC20-189)
This consent judgment provides details on the Spechler matter.
Respondent, Jay Spechler, served as a Broward County Judge for many years. Throughout that time, he maintained a close personal relationship with retired Broward County Judge Thomas Lynch and his family. The families were closely entwined in a positive relationship. During that time, retired Judge Thomas Lynch’s son, Michael Lynch, was elected to the Broward bench. A rift occurred between the Spechlers and the Lynchs and the relationship ended. During the period after the relationship between the Spechlers and Lynchs soured, there were highly offensive anonymous statements posted on a courthouse blog in Broward County known as
“JAAblog.”
Some of the posts were directed toward respondent’s wife and children. Respondent believed that the Lynchs and others were responsible for those posts. Respondent also posted negatively.
Ultimately, in an action that respondent believed was in defense of his family, he posted an anonymous statement that caused Judge Michael Lynch to contact the police, as it contained language that could be viewed as menacing toward Judge Michael Lynch. It was revealed that respondent was responsible for the menacing post. Respondent was not criminally charged.
Other than suspicions, respondent had no basis to conclude that Judge Michael Lynch had been the author of any posts. Judge Michael Lynch denies engaging in any posting activity.
Since this incident in June of 2018 the posting has ended
(Mike Frisch)