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March 22, 2010 |
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| January 13, 2010 |
By: Julie Kay |
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fter a parade of South Florida legal heavyweights testified for Adorno & Yoss president Henry Adorno, the unrepentant lawyer took the stand Wednesday to plead against a suspension for Florida Bar ethics violations.
Broward Circuit Judge Jack Tuter, the referee in the disciplinary case, ended the two-day hearing by saying he would recommend a formal reprimand to the Florida Supreme Court. The Bar was seeking a six-month suspension of Adorno’s law license, while he and his attorneys, Bruce Rogow and Andrew Berman, argued he does not even deserve a reprimand.
“Few things as a judge have been more difficult than this case,” Tuter said.
The Florida Supreme Court can accept Tuter’s recommendation or impose a different punishment.
Adorno testified he did nothing wrong when he signed off on a $7 million class action settlement that benefited just a handful of people. Adorno & Yoss received a $2 million fee in the case challenging the constitutionality of a Miami fire fee charged to all city taxpayers.
The settlement was thrown out when its limitations were uncovered, and the 3rd District Court of Appeal railed against “unchecked avarice coupled with a total absence of shame on the part of the original lawyers” when it reviewed the case.
“I looked up the definition of remorse, and it’s feeling guilty about past mistakes,” Adorno said on the stand. “We didn’t do anything wrong. It’s difficult to acknowledge guilt when you feel you did nothing wrong. I would not intentionally violate any Bar rule.”
Tuter said a mitigating factor was Adorno’s relative inexperience in class actions and noted his cooperation in the Bar investigation. The judge said he expected to send his recommendation to the Supreme Court in the next two weeks for final action.
Adorno declined comment to a reporter but asked supporters: “Where are we going drinking? Drinks are on me.”
Rogow said: “We’re obviously pleased that the judge rejected The Bar’s request for a suspension. It came across that he was troubled by their theory in the case.”
Bar counsel Kasey Prato had no comment.
On the stand, Adorno acknowledged his “frustration” with the class action and Bar disciplinary action, raising his voice loudly during questioning by Tuter, who already concluded Adorno violated Bar rules.
“I’m very frustrated by what me and my family have gone through over the last five years,” he said. “There has been an article on this every single day, and there will be one tomorrow. I have to call my clients and explain to them … how I am fiscally responsible.”
Adorno broke down in tears when talking about the sudden death of his 25-year-old daughter during the case.
Tuter was clearly troubled by Adorno’s actions, asking him on the stand, “Do you still believe a few plaintiffs splitting $752,000 of taxpayer dollars is explainable?”
Adorno was portrayed as ill-prepared for class action litigation. But Prato said Adorno is blaming “everyone,” including his partners and former judges in the case. To counter that, she produced a printout of Adorno’s Web site listing Adorno as a member of the class action and commercial litigation group
Adorno responded that he has had other clients who wanted to settle cases quickly for millions of dollars to avoid publicity. Tuter countered those were private companies, not cities.
A dozen character witnesses testified for Adorno, including former Florida Supreme Court Justice and former law partner Raoul Cantero III; Miami attorney and black community leader H.T. Smith; Sanford Bohrer, head of class action litigation at Holland & Knight; and Ruden McClosky name partner Don McClosky.
Also testifying for Adorno Wednesday were Sarah Nesbitt Artecona, daughter of the late U.S. District Judge Lenore Nesbitt; Raul Diaz, a retired Miami-Dade police lieutenant and former chair of the Hispanic Police Officers of Miami; and prominent Miami developer Jeffrey Berkowitz, who built Dadeland Station and Gateway in Miami Beach.
Affidavits of support from Greenberg Traurig president Cesar Alvarez; Dean Colson of Colson Hicks Eidson in Coral Gables; Manny Medina, CEO of Terremark Worldwide; and Mario Artecona, executive director of Miami Business Forum, among others, also were read.
Prato and Tuter grew frustrated with the parade of witnesses, and Tuter frequently sustained Prato’s objections that their testimony was repetitive and irrelevant since Tuter already had ruled in the Bar’s favor on violations.
Bohrer testified that Adorno did nothing wrong.
“I don’t know why the city offered to do this, but the plaintiffs were free to take unfairly generous offers,” Bohrer said. “I can’t tell you how many times this happens.”
He said later in an interview that he offered to help Adorno as an unpaid expert after reading the 3rd District Court of Appeal ruling against the settlement.
“When I saw the decision, I could see it was bad for my practice,” he said.
A revised $17.2 million settlement by a different set of lawyers offered refunds to thousands of city taxpayers.
Other witnesses testified about Adorno’s commitment to the community, spearheading construction of a minority youth center, support for a parks referendum that passed, a tennis center overhaul, and service to United Way and on the Super Bowl Host Committee.
McClosky testified he was so confident in Adorno’s ethics and reputation that he was in deep talks with Adorno over a merger several years ago. The two men also jointly sat on the board of City National Bank.
“Hank would not have been on that board if (bank chief) Leonard Abess didn’t think he was honorable, capable and intelligent,” McClosky said.
He said in an interview that the proposed merger fell apart because of the size of the potential firm but he also offered a job to Adorno.
Hank Adorno photo by Melanie Bell
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Reader's comments
fla attorney said: BULLS**T!. He should have been disbarred! The scheme is so clear. Screw the class. Pay a few. Take a HUGE fee. Jan. 13 at 7:14 p.m.
The Right Decision said: This was the right call. This waa blown way out of proportion. Hank has doen a lot for this community and that should not be forgotten. He was represnetning his clients. The class had not been ceritfied by a judge, so he was not representing a class action. This was a vindictive witch hunt. Lets move on. 7:51 p.m.
Gables Girl said: This whole issue was fraught with disaster. Adorno is just the lawyer. Watch what happens in the City of Miami. Time will reveal what really happened. 7:52 p.m.
Defense Attorney said: From what I have read, a class was never certified and never represended by Ardono. If that is accurate, then: Everyone, qualified enough to do their job, understood why the deal would not be final until the statue ran. In hind sight maybe the city faced an ethical delima, but those managers were preserving assets. Problem seems to have been that, with publicity, the good financial settlement for the city later played poorly in print. I don't know Ardono and have clashed with his firm, but I am surprised to see this issue go so far. 10:17 a.m.
Idiots all over said: Adorno is a complete idiot. A very lucky idiot. Just goes to show, the dumber you are, the easier the backwards justice system is on you.10:24 a.m.
F*ing Joke said: He should have been suspended or disbarred--he showed no remorse whatsoever. Even a 6 month suspension would have been light. Just shows how the Bar goes after solos and small firms with heavy hands and, Scott Rothstein excepted, does nothing to the big guys. 1:02 p.m. |
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