Bad News for Suspended South Florida Lawyer Scot Strems: Read the Referee's Report
Coral Gables attorney Scot Strems is accused of violating 17 Florida Bar rules, but he denies any wrongdoing.
July 16, 2020 at 03:36 PM
4 minute read
Strems Law Firm in Coral Gables 2525 Ponce de Leon Blvd #600, Coral Gables, Florida. Photo: Google Maps.
Attempts from embattled Coral Gables attorney Scot Strems to dissolve his emergency suspension fell flat before a court-appointed referee Wednesday, who found two judges that testified against him at an evidentiary hearing were credible witnesses, and recommended that Strems should not have his law license reinstated while his discipline case plays out.
The Florida Bar has accused Strems, who owns Strems Law Firm, of violating 17 ethics rules with a "campaign of unprofessional, unethical and fraudulent conduct." Another attorney from the firm, Gregory Saldamando, also faces similar charges.
Strems had asked the Florida Supreme Court to drop his emergency suspension, arguing the extreme measure wasn't warranted because the bar only presented two affidavits and hadn't proved his alleged misconduct was ongoing. Strems also argued he wasn't personally involved in the cases under scrutiny, and said his suspension was harmful to the firm's 9,000 clients and 150 staff members.
But the referee, Miami-Dade Circuit Judge Dawn Denaro, disagreed. She found the bar met its burden of demonstrating a likelihood of prevailing in some aspect of its case.
Denaro found testimony and affidavits from Hillsborough Circuit Judges Rex Martin Barbas and Gregory P. Holder particularly compelling. The judges said Strems has "inordinately used and wasted the court's time, energy and judicial resources," and testified to having reprimanded him and his firm many times over the years for multiple ethical violations that they claim were deliberate, according to Denaro's report.
Strems denied those allegations, and provided evidence that he and his firm acted professionally and with respect for the court, the report said.
Strems has retained a team of South Florida attorneys to fight in his corner. They include Kendall Coffey of Coffey Burlington in Miami, Benedict Kuehne of the Law Offices of Benedict P. Kuehne in Miami, Mark Kamilar of the Law Office of Mark Kamilar in Miami, and Scott Tozian and Gwendolyn Daniel of Smith Tozian & Hinkle in Tampa. They did not immediately respond to a request for comment.
Strems Law Firm's website appears to have been pulled down.
Denaro's report said Barbas pointed to "consistent patterns of delay, unprofessional conduct, repeated violations of court orders and to how and why judicial resources were wasted because of the firm's actions and inactions."
Likewise, Holder testified to presiding over hundreds of the firm's cases, and said almost every one featured "blatant obstruction" and "dilatory tactics," as attorneys often violated court orders and failed to appear at hearings, according to the report.
Holder also testified that he'd admonished Strems Law Firm's Tampa supervisor Jonathan Drake multiple times. The judge recalled that Drake once tearfully apologized to him outside court, privately admitting that Strems had directed him to break Florida Bar rules.
"Specifically, Mr. Drake stated that Mr. Strems told him to file and prosecute cases without proper supporting evidence, to initiate cases not supported by proper contracts of insurance, to refuse their clients participation in EUO examinations and depositions, and to allege and seek unsupported damages," Denaro's report said.
Drake denied having this conversation, and testified on Strems' behalf at the evidentiary hearing, according to Denaro's report. Drake said Strems always took corrective action in response to any court admonishments and criticism.
Drake's Florida Bar page says he now works at the Property Advocates in Tampa. He did not immediately respond to a request for comment.
William Jospeh Schifino Jr. of Gunster in Tampa also testified on Strems' behalf, according to the report, which did not elaborate on his testimony.
John Derek Womack and Arlene Kalish Sankel argued for the Florida Bar at the evidentiary hearing.
Strems has until July 30 to show why the high court shouldn't approve Denaro's findings.
Read the referee's report:
Read more:
South Florida Lawyer Suspended Amid Case Alleging 17 Ethics Violations
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