TALLAHASSEE (Florida Record) — Longtime Deerfield Beach attorney David Jay Bernstein faces suspension following a July 3 Florida Supreme Court order, in part for allegedly practicing law in a state where he is not licensed, according to a recent announcement by The Florida Bar.
"Bernstein engaged in the unlicensed practice of law in Alabama while representing a client in post-conviction matters," the state bar said in its July 26 announcement of the discipline and the Supreme Court's order. "In a second matter, while attempting to appear pro hac vice in Virginia, Bernstein filed a certification that falsely stated he had not been reprimanded in any court, nor had there been any action in any court pertaining to his conduct or fitness as a member of the bar."
In its two-page order, the Supreme Court approved the uncontested referee's report filed in the matter before suspending Bernstein for one year and ordered him to pay a total of $5,500 in restitution to two clients and a little more than $3,250 in costs.
Bernstein's suspension will be effective 30 days from the date of the court's order to allow him time to close his practice and protect his existing clients' interests, according to the high court's order. Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Bernstein's suspension.
Bernstein was admitted to the bar in Florida on Nov. 30, 1994, according to his profile at the state bar's website.
Bernstein was alleged to have violated professional conduct rules, including those regarding excessive fees and costs, making false statements and engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
In a previous discipline, Bernstein was publicly reprimanded following a February 2015 Supreme Court order. In that matter, Bernstein allegedly failed to properly supervise a non-attorney employee and his office sent out direct mail advertisement not filed with the state bar for required review 20 days in advance, according to a consent judgment Bernstein reached with the state bar at the time.