Front row (l-r): Justice Ricky Polston, Chief Justice Charles T. Canady, Justice Jorge Labarga. .Back row (l-r): Justice Robert J. Luck, Justice Alan Lawson, Justice Barbara Lagoa, Justice Carlos G. Muniz. Courtesy photo. Justices of the Supreme Court of Florida: Front row (l-r), Justice Ricky Polston, Chief Justice Charles T. Canady, Justice Jorge Labarga. .Back row (l-r): Justice Robert J. Luck, Justice Alan Lawson, Justice Barbara Lagoa, Justice Carlos G. Muniz. Courtesy photo.

The Florida Supreme Court disbarred Miami lawyer Jose Maria Herrera for 10 years on Wednesday, accepting a court-appointed referee's findings that he had helped file frivolous lawsuits and disciplinary proceedings against rival law firm Lewis Tein and attorneys Guy Lewis and Michael Tein.

The justices agreed that Herrera violated 14 of the 18 Florida Bar rules flagged by the referee and ordered Herrera to pay $16,556 in costs for his part in the alleged abusive litigation.

Wednesday's order disregarded four alleged violations of rules governing professional integrity because they arose from Herrera's conduct during the disciplinary process and didn't stem from the original complaint.

Herman J. Russomano III. Courtesy photo. Herman J. Russomanno III. Courtesy photo.

Herrera's lawyer, Herman J. Russomanno III of Russomanno & Borrello in Miami said his client was disappointed with the ruling.

“It's [Herrera's] position that the discipline that has been imposed by the court is not supported by the facts of this case or the governing law,” Russomanno said. “Mr. Herrera is considering all options to have the court reconsider its ruling.”

Russomanno had asked the court to consider a 90 to 91-day suspension and probation, arguing 10 years would be severe and unsupported by facts or case law. Several character witnesses, including former Miami-Dade Circuit Judge Rosa Rodriguez, Miami-Dade City Attorney Victoria Mendez and lawyer Benedict Kuehne, had also vouched for Herrera.

Jennifer R. Falcone represented the Florida Bar, which did not respond to a request for comment by deadline. At oral arguments, Falcone called Herrera's conduct “extremely serious” and claimed he had created a kangaroo court by withholding evidence.

Click here to read the referee's report

What happened?

The allegations stemmed from a Miami wrongful death case, in which Herrera helped represent members of the Miccosukee Tribe of Indians of Florida — Jimmy Bert and his daughter Tammy Billie — who were sued in 2000 after a crash caused by drunken driving. The plaintiff won a $2.9 million judgment and extensive post-trial litigation ensued.

Lewis and Tein — with Dexter Lehtinen of Lehtinen Schultz Riedi Catalano De la Fuente —  handled the tribe's affairs, until new counsel Bernardo Roman III took over in 2010.

Roman allegedly then became the ringleader of the effort to file numerous suits and motions alleging that Lewis Tein had billed the tribe for millions of dollars in “fictitious, excessive, exorbitant and unsubstantiated legal fees,” according to court-appointed referee, Miami-Dade Circuit Judge Dava Tunis. He was permanently disbarred in 2018.

The claims in those lawsuits, which played out over six years in federal and state courts, were found to be “wholly frivolous and without any legal merit,” according to the referee's report, which said Lewis and Tein were professionally and personally devastated by the ordeal.

Herrera's disbarment will take effect Aug. 16.

Read the ruling:

 

More discipline stories: 

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2 South Florida Attorneys Disciplined by State Supreme Court

Florida Supreme Court Reprimands Broward Judge for Losing Temper in Trial