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September 2, 2010 |
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| July 30, 2010 |
By: Review staff |
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Miami attorney’s law license was suspended for 60 days for disruptive and intimidating behavior in a deposition with DuPont attorneys in a Benlate damages case.
The Florida Supreme Court also ordered a public reprimand, two years probation and mental health counseling for Robert Joseph Ratiner and required him to write letters of apology to people at the deposition. He must be videotaped or accompanied by co-counsel at future depositions.
The discipline was based on a videotape of the deposition showing a DuPont attorney attempting to place an exhibit sticker on Ratiner’s laptop computer. He responded by briefly touching the opposing counsel’s hand, attempting to run around the table toward him and launching into a tirade, according to the referee’s findings.
The court suggested Florida Bar members and law students could view the video as part of a course on professionalism “as a glaring example of how not to conduct oneself in a legal proceeding.”
Disbarments
In other lawyer disciplinary action, David Philip Ryan III of Coral Gables was permanently disbarred from practicing law after a suspension. He produced some but not all records subpoenaed by The Bar.
Christine Marie Horn of Boynton Beach was disbarred after being suspended last November when a Florida Bar audit uncovered a $314,000 shortage in her trust account.
Jeffrey Stephen Rosenberg of Aventura agreed to be disbarred after failing to explain the whereabouts of $27,750 placed in escrow with his title company for a client.
Thomas Lemuel Hurst of Miami was disbarred after being suspended from practice three times and failing to respond to Bar inquiries after he was accused of misappropriating a client’s funds and failing to appear at a court-mandated final hearing.
Michael H. Lubin of North Miami Beach was disbarred after misappropriating funds received from a client to hold in trust.
Suspensions
Steven M. Busch of Fort Lauderdale was suspended for three years running concurrently with a suspension imposed in 2008. He was held in contempt for practicing while suspended and ordered to pay $1,500 in restitution. Busch also failed to notify clients, opposing counsel and courts that he had been suspended.
Marvin Deon Wilson Sr. of Homestead was suspended for three years after he was charged with fraud, theft and money laundering and for converting client funds to personal use.
William Sumner Scott of Miami was suspended for three years after he was accused of having a conflict of interest in representing clients and making a false statement of material fact or law to a third party.
Kenneth Paul Sirkin of Boynton Beach was suspended for three years after failing to respond to inquiries following 11 Bar complaints.
Harry Mark Vieth of Miami was suspended for a year after failing to file for payment of a $1.5 million judgment for a military veteran seeking disability benefits and failing to return medical records for a new lawsuit by a different attorney. He also was charged with misleading clients about progress in another case.
Mark David Swanson of Miami Beach was suspended for 50 days and ordered to pay $9,300 restitution to two clients after failing to adequately communicate with the clients or respond to Bar inquiries
Gary Stephen Ostrow of Fort Lauderdale was suspended for 30 days after being charged with cocaine possession in 2008. He filed papers to run against Broward County Public Defender Howard Finkelstein in Tallahassee and was arrested before leaving the capital. Ostrow successfully completed a drug court program, and the charge was dismissed.
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