Bernardo Roman III
Photo: J. Albert Diaz/ALM

A court-appointed referee recommended disbarment for two South Florida attorneys over a long-running dispute involving their work for the Miccosukee Tribe.

Miami-Dade Circuit Judge Dava Tunis is serving as the referee in Florida Bar disciplinary cases against former Miccosukee Tribe attorney Bernardo Roman III of Coral Gables and Miami attorney Jose Maria “Pepe” Herrera.

The litigation stemmed from a feud among attorneys. Miami-Dade Circuit Judge John W. Thornton determined Roman and Herrera pulled a rival law firm, Lewis Tein, into years of frivolous litigation, and disciplinary proceedings followed.

In reports released late Wednesday, Tunis recommended disbarment for both Roman and Herrera. The lawyers' fate now rests with the Florida Supreme Court, which has the final word on attorney discipline.

Roman, who faces permanent disbarment, did not respond to a request for comment by deadline.

Herrera, meanwhile, faces a 10-year ban. His lead trial counsel, Herman J. Russomanno III, said the attorney intends to fight to keep his law license.

“We believe the court's recommendation of disbarment is not supported by the facts or law, and we intend to appeal,” said Russomanno, a partner at Russomanno & Borello in Miami.

Tunis' reports followed a sanctions hearing for Roman in July and a final hearing for Herrera a month earlier. They cite Roman's “misconduct in three separate lawsuits” he filed in state and federal court against Lewis Tein and its partners, former U.S. Attorney Guy Lewis and former Assistant U.S. Attorney Michael Tein.

The allegations claimed Lewis Tein billed the tribe for millions of dollars in “fictitious, excessive, exorbitant and unsubstantiated legal fees.”

Tunis would later find that Herrera knew the lawsuits raised false allegations about Lewis Tein and its partners but withheld evidence that would have cleared them of wrongdoing.

Tunis listed a “dishonest or selfish motive” and “a pattern of misconduct” among five aggravating factors in Herrera's case. She also considered the attorney's lack of prior disciplinary actions.

In October, the judge recommended the Florida Supreme Court find Herrera guilty of violating six rules regulating the Florida Bar.

The latest report showed eight factors weighed against Roman who, among other things, submitted false evidence and refused to acknowledge wrongdoing. He, too, had no disciplinary record before the Lewis Tein feud.

The referee recommended the high court find Roman guilty of 55 charges, including eight counts of counseling or assisting a client in criminal or fraudulent behavior. She cleared him of two counts of fabricating evidence or counseling a witness to offer false testimony.

Roman filed for Chapter 7 bankruptcy protection in November, about a week after a judge ordered him to pay Lewis Tein and its name partners $562,264 in attorney fees for more than five years of litigation.