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.


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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.

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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.