State Supreme Court Disciplines 3 South Florida Attorneys
One disciplined attorney filed frivolous lawsuits against the marijuana software company where he used to work. Another failed to properly supervise a former attorney working for him as a paralegal.
February 27, 2018 at 01:46 PM
2 minute read
The state Supreme Court disciplined three South Florida attorneys for infractions, including filing frivolous lawsuits against a former employer, the Florida Bar announced Tuesday.
The high court suspended Mordechai Breier of North Miami Beach for 30 days starting Jan. 11, to be followed by a one-year probation. Two clients filed grievances against Breier for how he handled their insurance cases. The bar also found Breier shared fees with a consulting firm and didn't let clients know the correct fee amount paid to the adjuster.
Barry Gainsburg of Plantation was suspended for 90 days starting Jan. 22, to be followed by a three-year probation. According to the bar, he filed frivolous lawsuits against his former employer, cannabis software company BioTrackTHC, and its counsel, Shiner Law Group. His claims in the litigation included defamation and civil conspiracy.
“He used the legal system to divulge confidential client information regarding his former client corporation and sent the civil complaint to the media,” the bar said in a statement.
Gainsburg also used “unethical litigation tactics” to get judges disqualified from his cases, according to the bar.
Luis Fernandez of Miami will be publicly reprimanded for failing to adequately supervise Jorge Tabares, a former lawyer who lost his license and later worked as a paralegal in Fernandez's office. Another attorney communicated with Tabares about a case for about a year, believing he was a lawyer.
Tabares took a disciplinary resignation in 1992. In 2010, Fernandez asked him to accept a retainer check from a client in a probate matter, according to Florida Supreme Court records. Tabares advised the woman she should open a parallel proceeding in the Dominican Republic.
An attorney in the Dominican Republic then wrote a letter to Fernandez's office referring to Tabares as a lawyer. Fernandez told the bar he corrected the misunderstanding. He took responsibility for the ensuing confusion.
The Florida Bar will also review Fernandez's office procedures and records.
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