Disbarred: South Florida Lawyer Disciplined
"I did not get a chance to review any of the allegations," the disbarred attorney said.
July 03, 2023 at 05:41 PM
5 minute read
A South Florida lawyer is permanently disbarred following a yearslong history of disciplinary actions.
Brett Elam has lost his license, according to information from The Florida Bar, but the West Palm Beach lawyer said he is not done fighting for his career.
The Florida Bar's roundup of attorney disciplinary actions across the state from April 29 to June 27 shows Elam among four attorneys named. It shows that despite his previous disbarment, Elam continued to engage in the practice of law.
|
Related story: 4 South Florida Attorney's Disciplined
In 2018, Elam, who was in private practice, was suspended for one year after the bar alleged he misappropriated more than $34,000 in client trust funds, violated multiple court orders, and lied to a creditor and a bankruptcy court.
"My last appeal was to the Eleventh Circuit Court of Appeals, and was successful," Elam said. "I am still planning on filing something with the Supreme Court related to the underlying matter as the fees that started it all in the Bankruptcy Court have been subsequently approved by the Bankruptcy Court."
As part of the suspension, among several stipulations, the Florida Supreme Court ordered Elam to stop disbursing or withdrawing money from any trust account related to his law practice without approval from the high court, a referee, or other court-appointed official.
Also, the high court prohibited Elam from accepting new clients from the date of the court's order, and to stop representing any clients after 30 days from the latest order.
If no further violations had occurred, the attorney could have sought reinstatement in five years, the courts said.
But while under suspension, in March 2023, the bar presented evidence of an alleged violation.
The state Supreme Court justices then all concurred in approving an uncontested referee's report, and disbarred Elam with immediate effect.
Court records show Elam never responded to a show-cause order, which had asked him to prove he did not deserve a sanction.
"Having failed to file a response to said Order to Show Cause, IT IS ORDERED that The Florida Bar's petition is granted, and respondent is held in contempt of this Court's order," the high court concluded. "Respondent is permanently disbarred from the practice of law in the State of Florida."
But the attorney said he was unaware of the proceeding.
"I was never served with the documents to respond to the Order to Show Cause," Elam said. "So I did not get a chance to review any of the allegations, nor respond to any of the claims."
In May, court documents show Elam representing himself to petition the court based on an argument that he was not given proper notice of the petition or order to show cause. He argued that he had been deprived of his due-process rights.
"As a result of not being given due process, the underlying order, entered April 18, 2023, should be vacated, and Elam should be provided with the appropriate due process going forward," the attorney argued in his filing.
On June 21, the Florida Supreme Court denied Elam's motion to vacate.
|Other Disciplinary Actions
The bar's list of disciplined attorneys included Lake Mary attorney RoseMarie Feller, who received a public reprimand.
Feller must complete an ethics course following a June 15 order.
Feller has been practicing law in Florida for 22 years.
The bar alleged Feller and a former client entered into a business relationship where they created a new law firm in which the former client was not a lawyer yet had an ownership interest.
Such a business arrangement is prohibited by the rules regulating the Florida bar.
The bar alleged although Feller took steps to change the ownership interest in the law firm to comply with the rules, her former client continued marketing efforts that did not comply with the bar's rules.
The former client filed suit against her after Feller ended the business relationship.
Feller told opposing counsel in the suit that, unless it was dismissed, she would file criminal charges against the former client and his family members, the bar alleged. The bar rules prohibit an attorney from threatening criminal charges to gain an advantage in a civil matter.
Another lawyer, Jose Francisco Garcia, was hit with disciplinary revocation, which is tantamount to disbarment.
The Florida Bar said it conducted a compliance audit of the Kissimmee attorney's trust account after receiving a complaint from a medical provider alleging that Garcia had failed to honor a letter of protection in a personal injury case.
The bar said its audit revealed Garcia was not in substantial compliance with the rules regulating the Florida bar, which resulted in a shortage in his trust account.
A fourth attorney, Edward Serrano Rosado of Tampa, received a public reprimand following a June 1 court order.
The bar alleged Rosado failed to file a lawsuit or take other appropriate action on a client's behalf in a personal injury matter, which resulted in the expiration of the statute of limitations for the client's claims.
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 AllEx-Big Law Attorney Disbarred for Defrauding $1 Million of Client Money
4 minute readDisbarred Attorney Alleges ADA Violations in Lawsuit Against Miami-Dade Judges
3 minute readBenworth Accused of Predatory Tactics in Foreclosure Dispute as Elderly Defendant's Health Deteriorates
4 minute readTrending Stories
- 111 Red State AGs Demand Damages in Antitrust Lawsuit Shaming ESG Climate Investors
- 2In-House Moves of Month: Discover Fills Awkward CLO Opening, Allegion GC Lasts Just 3 Months
- 3Delaware Court Holds Stance on Musk's $55.8B Pay Rescission, Awards Shareholder Counsel $345M
- 4'Go 12 Rounds' or Settle: Rear-End Collision Leads to $2.25M Presuit Settlement
- 52 Federal Judges Rescind Senior Status After Trump Win. Might More Follow?
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