Florida Bar Seeks Suspension of Miami Lawyer Who Admits to Targeting Businesses for Frivolous ADA Suits
The attorney has admitted breaking seven Florida Bar rules, which govern misconduct, competence, fees and fee sharing, meritorious claims and candor toward a tribunal.
June 23, 2020 at 02:26 PM
4 minute read
The Florida Bar has asked the state high court to suspend Scott R. Dinin of the Dinin Law Group in Miami for 18 months after the attorney pleaded guilty to filing frivolous lawsuits under the Americans With Disabilities Act, splitting fees with a client, inflating his billable hours and exaggerating his legal experience.
The bar's petition revealed that Dinin admitted breaking seven bar rules, which govern misconduct, competence, fees and fee sharing, meritorious claims and candor toward a tribunal.
In agreeing to the suspension and an administrative fine of $1,250, Dinin's unconditional guilty plea expressed remorse and signaled efforts to change his ways.
The plea said Dinin has retained the bar's Diversion/Discipline Consultation Service and contracted with Bianca Moreiras & Associates in Fort Lauderdale, which will act as a law firm management consultant to coach him on professionalism and management skills for 18 months.
Dinin has also completed 75 hours of Continuing Legal Education, adopted new technology to improve accounting and management practices, and hired a lawyer with 16 years of experience as his managing partner, according to his plea.
|'Selfish'
Dinin's plea admits that he split fees with Alexander Johnson, a Broward man with a hearing impairment, who's filed dozens of lawsuits against companies in Miami and Broward. Among them: 26 federal lawsuits against South Florida gas stations over their lack of closed captioning on the television screens next to gas pumps.
U.S. District Judge Paul C. Huck in the Southern District of Florida found at least two of those lawsuits to be frivolous in August 2019 when he penned a scathing sanctions order calling the litigation "completely selfish."
The lawsuits alleged Johnson's civil rights were violated because he couldn't hear the news and commercials while filling his tank, but Huck found the pair hadn't exhausted their administrative remedies and that their real motive was to "dishonestly line their pockets with attorney fees from hapless defendants under the sanctimonious guise of serving the interests of the disabled community."
Huck ordered Dinin to pay a $59,000 penalty — later reduced to $23,000, according to the bar's petition — to the clerk of court or the Disability Independence Group Inc. in Miami, and to complete 50 hours of community service per year for three years for the Disability Independence Group.
Huck also found Dinin misrepresented his legal experience to justify higher billing rates. Dinin was admitted to the bar in 1996 but didn't begin practicing until 2008 and had his first ADA case in 2012, according to his plea.
|
Dig deeper: Judge Sanctions Miami ADA Lawyer, Client Over 'Completely Selfish' Frivolous Lawsuits
Dinin's guilty plea says he'll no longer practice in the ADA field, and that he has cut ties with Johnson after settling or voluntarily withdrawing all of his lawsuits.
In mitigation, the plea stresses that Dinin has never been disciplined before, and that he was remorseful, cooperated with investigators, made a good-faith effort to rectify his misconduct and agreed to interim rehabilitation.
Dinin's attorneys Kevin Tynan and Herman J. Russomanno III said they "believe the joint petition for consent judgment is a fair and just resolution for Mr. Dinin, and that we are hopeful that the Supreme Court will approve the same."
The Florida Supreme Court has the final word on attorney discipline and has yet to rule.
|Read the Florida Bar's petition:
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRogge Dunn Represents Florida Trucking Firm in Civil RICO Suit Against Worldwide Express
4 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250