Posts Tagged: ‘Florida Bar’

Foreclosure Attorney David J. Stern Faces Disbarment

October 29, 2013 Posted by kingcade

Former foreclosure attorney David J. Stern may ultimately be disbarred for violations related to his role in the highly publicized “robo-signing” scandal. Stern is still a licensed lawyer in good standing with the Florida Bar. In April, two years after the scandal broke, the Bar filed an 80-page complaint that includes 17 counts that Stern violated the Bar’s rules of professional conduct. The Bar alleges that “Stern failed to properly supervise lawyers and non-lawyers at his firm and failed to halt regular violations of the Florida Bar rules.”

Stern earned the name the “foreclosure king” when his Plantation law firm rapidly expanded during the foreclosure crisis in 2006. He was a lead attorney for home mortgage provider Freddie Mac and several other big banks. Accusations were reported to the Florida Bar and local courts that the firm was filing false and inaccurate documents in those cases. Stern’s office was forced to close and thousands of employees were laid off.

Click here to read more on the story.

Foreclosure Firms Face Action from the Florida Bar

November 17, 2010 Posted by kingcade

This month, the Florida Bar investigated 43 reports of foreclosure fraud involving 32 lawyers. The investigation prompted the Florida Bar to add a new category solely for foreclosure fraud complaints. To find new cases, the head of the Florida Bar is asking judges around the state to report lawyers who break the rules, pointing specifically to news coverage of claims about foreclosure suits. Judges have been asked to send in copies of any orders they write that mention misconduct, in foreclosures or anywhere else.
Florida Attorney General, Bill McCollum’s office opened investigations of three high volume South Florida foreclosure firms which included: the Law Offices of Marshall C. Watson, the Law Offices of David J. Stern, and Florida Default Law Group. It’s reported that fraud arguments are still rare in foreclosures, but recently Florida is seeing more defense lawyers trying them. It’s argued that for some, the goal is just to delay a foreclosure, not resolve the debt. Bad documentation isn’t evidence of fraud as much as a sign that law firms are trying to handle a lot of work fast and cheap.

To read more on this story, visit http://jacksonville.com/news/florida/2010-11-15/story/foreclosure-firms-facing-action-florida-bar.

 If you have any questions on the topic of foreclosure, please feel free to contact foreclosure defense attorney, Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.

Recent Florida Bar Advertising Rules: How it affects Consumers and the Practice of Law – by Timothy Kingcade

December 18, 2009 Posted by kingcade

The Florida Supreme Court recently enforced some strict advertising rules when it comes to attorneys promoting themselves via Web sites, legal profiles, blogs, social media tools, billboards, ads, etc.  The most recent ruling on November 19th states that lawyer Web sites may not:

• Make statements that characterize the quality of legal services being offered;

• Provide information regarding past results;

• Include testimonials.

 

The Florida Supreme Court says the purpose of these new rules is to protect consumers from misleading information, provide them with accurate and helpful information in the selection of a lawyer, and respect lawyers’ abilities to provide information about themselves to the public.   They contend that these new rules benefit the consumer and protect the practice of law. 

However, many attorneys are arguing that it’s their first amendment right to engage in truthful advertising on the Internet.  For example, publishing their successful verdicts/settlements and positive client reviews on their firm’s Web site.   

One of the negative implications for consumers is that it levels the playing field of all Florida law firms, no longer allowing the “best firms” to showcase impressive verdicts and settlements received on behalf of their clients. This in turn will make it more difficult for consumers to make informed decisions on legal representation. 

Also, these new laws have the potential of putting Florida law firms at a competitive disadvantage with other law firms nationwide.  Attorneys practicing in other states are not as restricted with the content placed on their Web sites, blogs and social media tools.  These rules are scheduled to take effect January 1st, 2010.

To keep up to date on the latest attorney advertising rules in the State of Florida visit the Florida Bar at www.floridabar.org. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.  If you have any questions about this topic, please feel free to contact me at (305) 285-9100.

-Timothy Kingcade