Referee Recommends Guilty Finding for Miami Attorney Jose Maria “Pepe” Herrera
The referee, Miami-Dade Circuit Judge Dava J. Tunis, found Herrera guilty on 18 counts following a five-day trial.
October 27, 2017 at 04:49 PM
6 minute read
A court-appointed referee Friday recommended the Florida Supreme Court find Miami attorney Jose Maria “Pepe” Herrera guilty of violating six rules regulating the state bar in a case alleging he made false claims against attorneys Guy Lewis and Michael Tein.
Referee, Miami-Dade Circuit Judge Dava J. Tunis, made the recommendation following a five-day trial. She found Herrera guilty on 18 counts involving multiple violations of rules governing candor toward the tribunal, fairness to opposing parties and counsel, meritorious claims and contentions, actions prejudicial to the administration of justice, and maintaining the integrity of the profession.
Herrera's attorneys at Russomanno and Borrello in Miami are fighting the charges.
Herman J. Russomano III“We believe the bar allegations have not been proven by clear and convincing evidence, and we intend to continue to vigorously defend this case through the next phase of the trial and through the appellate process,” lead trial counsel Herman J. Russomanno III said.
The cases stemmed from a Florida Bar complaint alleging Herrera “engaged in improper and abusive litigation tactics” against opposing counsel and their firm, Lewis Tein, which represented the Miccosukee tribe.
The bar claimed Herrera raised frivolous claims, colluded with others to make false allegations despite knowing otherwise, withheld or concealed evidence, and sought to file “irrelevant and highly prejudicial personal details regarding the attorney representing Lewis and Tein.”
Lewis and Tein were put on the defensive because of their work representing members of the tribe. They faced allegations of wrongdoing after a $2.9 million judgment was entered in a drunken-driving wrongful death case against their clients, two members of the Miccosukee tribe. When the defendants couldn't pay the full amount, plaintiffs lawyer Ramon Rodriguez pushed to recover money from the tribe itself. Tein told the court his clients were responsible for attorney fees in the case. But two lawyers on the opposing side, Rodriguez and Bernardo Roman produced dozens of checks showing the tribe had paid legal fees to Lewis Tein.
Lewis and Tein responded that the tribe was loaning money to the two defendants and then deducting it from the regular distributions of tribal funds they received, meaning the defendants were ultimately paying the fees.
During the litigation, Rodriguez filed more than 20 motions for sanctions against Lewis Tein, but all were unsuccessful. Roman, meanwhile, accused Lewis and Tein of perjury. Herrera, who was Roman's colleague, would later admit to having documents that refuted the claims against the opposing counsel.
Tunis would later find Roman guilty of 55 counts of violating 14 Florida Bar rules. The new recommendation against Herrera is the latest development in a nasty saga that led to the tribe agreeing in May 2016 to pay $4 million to cover Lewis' and Tein's attorney fees in three racketeering and malpractice lawsuits Roman pursued.
The tribe cut ties with Roman last year.
A court-appointed referee Friday recommended the Florida Supreme Court find Miami attorney Jose Maria “Pepe” Herrera guilty of violating six rules regulating the state bar in a case alleging he made false claims against attorneys Guy
Referee, Miami-Dade Circuit Judge Dava J. Tunis, made the recommendation following a five-day trial. She found Herrera guilty on 18 counts involving multiple violations of rules governing candor toward the tribunal, fairness to opposing parties and counsel, meritorious claims and contentions, actions prejudicial to the administration of justice, and maintaining the integrity of the profession.
Herrera's attorneys at Russomanno and Borrello in Miami are fighting the charges.
Herman J. Russomano III“We believe the bar allegations have not been proven by clear and convincing evidence, and we intend to continue to vigorously defend this case through the next phase of the trial and through the appellate process,” lead trial counsel Herman J. Russomanno III said.
The cases stemmed from a Florida Bar complaint alleging Herrera “engaged in improper and abusive litigation tactics” against opposing counsel and their firm,
The bar claimed Herrera raised frivolous claims, colluded with others to make false allegations despite knowing otherwise, withheld or concealed evidence, and sought to file “irrelevant and highly prejudicial personal details regarding the attorney representing
During the litigation, Rodriguez filed more than 20 motions for sanctions against
Tunis would later find Roman guilty of 55 counts of violating 14 Florida Bar rules. The new recommendation against Herrera is the latest development in a nasty saga that led to the tribe agreeing in May 2016 to pay $4 million to cover
The tribe cut ties with Roman last year.
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